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488 THE DECLINE AND FALL [Chap, xliv introduced to ascertain the right of property ; and the equality of crimes is countenanced by an opinion of Trebatius, 58 that he who touches the ear touches the whole body ; and that he who steals from an heap of corn or an hogshead of wine is guilty of the entire theft. 59 Authority Arms, eloquence, and the study of the civil law promoted a citizen to the honours of the Eoman state ; and the three pro- fessions were sometimes more conspicuous by their union in the same character. In the composition of the edict, a learned praetor gave a sanction and preference to his private sentiments ; the opinion of a censor or a consul was entertained with respect ; and a doubtful interpretation of the laws might be supported by the virtues or triumphs of the civilian. The patrician arts were long protected by the veil of mystery; and in more en- lightened times, the freedom of inquiry established the general principles of jurisprudence. Subtle and intricate cases were elucidated by the disputes of the forum; rules, axioms, and definitions 60 were admitted as the genuine dictates of reason; and the consent of the legal professors was interwoven into the practice of the tribunals. But these interpreters could neither enact nor execute the laws of the republic ; and the judges might disregard the authority of the Seas vol as themselves, which was often overthrown by the eloquence or sophistry of an ingen- ious pleader. 61 Augustus and Tiberius were the first to adopt, as an useful engine, the science of the civilians; and their servile labours accommodated the old system to the spirit and views of despotism. Under the fair pretence of securing the dignity of the art, the privilege of subscribing legal and valid opinions was confined to the sages of senatorian or equestrian rank, who had been previously approved by the judgment of the prince ; and this monopoly prevailed, till Hadrian restored the freedom 58 As he is quoted by Ulpian (leg. 40, ad Sabinum in Pandect. 1. xlvii. tit. ii. leg. 21). Yet Trebatius, after he was a leading civilian, qui familiam duxit [(accedit etiam) quod familiam ducit in iure civili = " he is at the top of his profession "], became an epiourean (Cicero ad Fam. vii. 5). Perhaps he was not constant or sincere in his new sect. 59 See Gravina (p. 45-51) and the ineffectual cavils of Mascou. Heineocius (Hist. J. R. No. 125) quotes and approves a dissertation of Everard Otto, de Stoica Juris- consultorum Philosophic. 60 We have heard of the Catonian rule, the Aquilian stipulation, and the Manilian forms, of 211 maximB, and of 247 definitions (Pandeot. 1. l. tit. xvi. xvii.). 61 Read Cicero, 1. i, de Oratore, Topica, pro Murena,