458
THE DECLINE AND FALL
social life. Of these, the armour of the stoics[1] was found to be of the firmest temper; and it was chiefly worn, both for use and ornament, in the schools of jurisprudence. From the Portico, the Roman civilians learned to live, to reason, and to die; but they imbibed in some degree the prejudices of the sect; the love of paradox, the pertinacious habits of dispute, and a minute attachment to words and verbal distinctions. The superiority of form to matter was introduced to ascertain the right of property; and the equality of crimes is countenanced by an opinion of Trebatius,[2] 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.[3]
Authority Arms, eloquence, and the study of the civil law promoted a citizen to the honours of the Roman state; and the three professions were sometimes more conspicuous by their union in the same character. In the composition of the edict, a learned prætor 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 enlightened 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[4] 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 Scævolas themselves, which was often overthrown by the- ↑ The stoic philosophy was first taught at Rome by Panætius, the friend of the younger Scipio (see his life in the Mém. de l'Académie des Inscriptions, tom. x. p. 75-89).
- ↑ As he is quoted by Ulpian (leg. 40, ad Sabinum in Pandect. l. 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 epicurean (Cicero ad Fam. vii. 5). Perhaps he was not constant or sincere in his new sect.
- ↑ See Gravina (p. 45-51) and the ineffectual cavils of Mascou. Heineccius (Hist. J. R. No. 125) quotes and approves a dissertation of Everard Otto, de Stoicâ Jurisconsultorum Philosophiâ.
- ↑ We have heard of the Catonian rule, the Aquilian stipulation, and the Manilian forms, of 211 maxims, and of 247 definitions (Pandect. l. L. tit. xvi. xvii.).
