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                <urn>urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1:C.cato_porcius_3</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:base="urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1"><body xml:lang="eng" n="urn:cts:pdlrefwk:viaf88890045.003.perseus-eng1"><div type="textpart" subtype="alphabetic_letter" n="C"><div type="textpart" subtype="entry" xml:id="cato-porcius-bio-3" n="cato_porcius_3"><head><label><persName xml:lang="la"><addName full="yes">Cato</addName>,
        <surname full="yes">Po'rcius</surname></persName></label></head><p>2. <persName xml:lang="la"><forename full="yes">M.</forename><surname full="yes">Porcius</surname><addName full="yes">Cato</addName><addName full="yes">Licinianus</addName></persName>, a Roman jurist, the son of Cato the Censor by his
      first wife Licinia, and thence called Licinianus to distinguish him from his half-brother, M.
      Porcius Cato, the son of Salonia. His father paid great attention to his education, physical
      as well as mental, and studied to preserve his young mind from every immoral taint. He was
      taught to ride, to swim, to wrestle, to fence, and, perhaps to the injury of a weak
      constitution, was exposed to vicissitudes of cold and heat in order to harden his frame. The
      Censor would not allow his learned slave Chilo to superintend the education of his son, lest
      the boy should acquire slavish notions or habits, but wrote lessons of history for him in
      large letters with his own hand, and afterwards composed a kind of Encyclopaedia for his use.
      Under such tuition, the young Cato became a wise and virtuous man. He first entered life as a
      soldier, and served, <date when-custom="-173">B. C. 173</date>, in Liguria under the consul M.
      Popilius Laenas. The legion to which he belonged having been disbanded, he took the military
      oath a second time, by the advice of his father, in order to qualify himself legally to fight
      against the enemy. (Cic. <hi rend="ital">de Off.</hi> 1.11.) In <date when-custom="-168">B. C.
       168</date>, he fought against Perseus at Pydna under the consul Aemilius Paullus, whose
      daughter, Aemilia Tertia, he afterwards married. He distinguished himself in the battle by his
      personal prowess in a combat in which he first lost and finally recovered his sword. The
      details of this combat are related with variations by several authors. (<bibl n="Plut. Cat. Ma. 20">Plut. Cat. Ma. 20</bibl>; Justin, <bibl n="Just. 23.2">23.2</bibl>;
       <bibl n="V. Max. 3.12.16">V. Max. 3.12.16</bibl>; Frontin. <hi rend="ital">Strat.</hi>
      4.5.17.) He returned to the troops on his own side covered with wounds, and was received with
      applause by the consul, who gave him his discharge in order that he might get cured. Here
      again his father seems to have cautioned him to take no further part in battle, as after his
      discharge he was no longer a soldier. (Plut. <hi rend="ital">Quaest. Rom.</hi> 39.)</p><p>Henceforward he appears to have devoted himself to the practice of the law, in which he
      attained considerable eminence. In the obscure and corrupt fragment of Pomponius <hi rend="ital">de Origine Juris</hi> (<bibl n="Dig. 1">Dig. 1</bibl>. tit. 2.38), after
      mentioning Sextus and Publius Aelius and Publius Atilius, the author proceeds to speak of the
      two Catos as follows : " Hos sectatus ad aliquid est Cato. Deinde M. Cato, princeps Porciae
      familiae, cujus et libri extant; sed plurimi filii ejus; ex quibus caeteri oriuntur." This
      passage seems to speak of a Cato before the Censor, but Pomponius wrote in paragraphs,
      devoting one to each succession of jurists, and the word <hi rend="ital">Deinde</hi> commences
      that of the Catos, though the Censor had been mentioned by anticipation at the end of the
      preceding paragraph. From tlle Catos, father and son (<hi rend="ital">ex quibus</hi>), the
      subsequent jurists traced their succession. Apollinaris Sulpicius, in that passage of Gellius
       (<bibl n="Gel. 13.18">13.18</bibl>) which is the principal authority with respect to the
      genealogy of the Cato family, speaks of the son as having written "egregios de juris
      disciplina libros." Festus (<hi rend="ital">s. v. Mundus</hi>) cites the commlentarii juris
      civilis of Cato, probably the son, and Paullus (<bibl n="Dig. 45">Dig. 45</bibl>. tit. 1. s.
      4.1) cites Cato's 15th book. Cicero (<bibl n="Cic. de Orat. 2.33">Cic. de Orat. 2.33</bibl>)
      censures Cato and Brutus for introducing in their published responsa the names of the persons
      who consulted them. Celsus (<bibl n="Dig. 50">Dig. 50</bibl>. tit. 16. s. 98.1) cites an
      opinion of Cato concerning the intercalary month, and the regula or sententia Catoniana is
      frequently mentioned in the Digest. The regula Catoniana was a celebrated rule of Roman law to
      the effect, that a legacy should never be valid unless it would have been valid if the
      testator had died immediately after he had made his will. This rule (which had several
      exceptions) was a particular case of a more general maxim : " Quod initio non valet, id tract
      temporis non potest convalescere." The greater celebrity of the son as a jurist, and the
      language of the citations from Cato, render it likely that the son is the Cato of the Digest.
      From the manner in which Cato is mentioned in the Institutes (Inst. 1. tit. 11.12),--" Apud
      Catonem bene scriptum refert antiquitas,"--it may be inferred, that he was known only at
      second hand in the time of Justinian.</p><p>He died when pretor designatus, about <date when-custom="-152">B. C. 152</date>, a few years
      before his father, who bore his loss with resignation, and, on the ground of poverty, gave him
      a frugal funeral. (Liv. <hi rend="ital">Epit,</hi> 48; comp. Cic. <hi rend="ital">de
       Senect.</hi> 19.)</p><div><head>Further Information</head><p>Majansius, <hi rend="ital">ad XXX, JCtos,</hi> 1.1-113; E. L. Harrier, <hi rend="ital">de
        Regula Catoniana,</hi> Heidelb. 1820 ; Drumann's <hi rend="ital">Rom.</hi> v. p. 149.</p></div></div></div></body></text></TEI>
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