sectas fecerunt; nam Ateius Capito in his quae ei tradita fuerant perseverabat, Labeo ingenii qualitate et fiducia doctrinae, qui et ceteris operis sapientiae operam dederat, plurima innovare instituit. If, according to this, Labeo may be regarded as a Rationalist and Capito as a Positivist, RUDORFF (Röm. Rechtsgesch. 1, 182) also dwells on the fact that the Sabinians were inclined to the new system of government, while the Proculians adhered to the older foundations of law, and that this distinction lost its importance after Hadrian had caused the existing law to be codified by Julianus. Cf. BREMER, die Rechtslehrer (1868) 68. KUNtze, Instit. und Gesch. des röm. Rechts 267. MVOIGT, das Aelius- und Sabinussystem und verwandte Rechtssysteme, Lpz. 1875 (Abh. d. sächs. Ges. d. Wiss. XVII).

6. In the juridical literature of the second and third centuries after Christ two principal varieties may be distinguished: text-books and opinions (responsa). The latter give exclusively the view of the adviser himself, while the text-books give not only the opinion held by their author, but also that of earlier authorities on law, as well as the Imperial decrees affecting the question, and aim in this at some degree of completeness. Externally they are founded chiefly on certain texts, either laws or earlier text-books. Hence the frequent occurrence of the titles Ad edictum, Ad legem Iuliam, as also Ad Q. Mucium, Ad Vitellium, Ad Plautium or the citation Apud Labeonem; e.g. Cassius apud Urseium scribit means: Cassius in his edition of the work of Urseius; Marcellus apud Iulianum notat= makes this comment on Julianus (dig.). Thus Paulus wrote Notae ad Papinianum, Ulpian ad Marcellum. Ex Plautio, ex Cassio denotes excerpts from these.

7. The place between text-books and opinions is filled by the Quaestiones originating from the legal questions which the listeners put to the teacher, concerning partly theoretical moot points, partly actual cases which were noticed by a student or by the teacher. This literature extended to the entire civil law. Labeo's Posteriora already belonged to it. MoMMSEN, Zeitschr. f. Rechtsgesch. 7, 83. 93.

8. Digesta is often used as a title for books, e.g. by Alfenus Varus, Juventius Celsus, Salvius Julianus, Ulpius Marcellus, Cervidius Scaevola. By it is meant the systematic grouping of the collective juridical writings of a lawyer (or school), whether proceeding from himself, or from some later writer. The original order is here abandoned in favour of the new systematic one. MoMMSEN, Z. f. Rechtsgesch. 7, 477. 480. 9, 82. On this cf. HPERNICE, Miscell. z. Rechtsgesch. u. Textkrit. 1 (Prag 1870), 1.-Scope of the juristic literature: the index auctorum for Justinian's Digesta includes 1539 books with three million lines (cf. constit. Aédwкev 1).

9. Instruction in law continued for some time longer to be unremunerated, or at least it had no legal claim to payment; see ULP. dig. 50, 13, 1, 5. The first teacher of law exclusively (professor iuris civilis) was Gaius. By him was founded a new branch of juridical literature, the Institutiones, an introduction to the study of law. After him Inst. were composed by Callistratus and Ulpianus; shorter ones by Paulus, and more complete by Florentinus and Marcianus. They came to a close with the Justinian. FPBREMER, die Rechtslehrer und Rechtsschulen im röm. Kaiserreich, Berl. 1868. HDernburg, d. Instit. des Gaius (1869) 3. A certain M. Picarius Turranianus is mentioned as magister iuris in an African inscr. (eph. epigr. 5, p. 537). Iuris studiosi frequently in inscriptions CIL. 3, 2936. 10, 569. WILM. 2470. eph. epigr. 5, p. 411. Even a studens without further designation eph. epigr. 5, p. 527.

10. From the 4th cent. the science of law was applied practically only in the profession of advocate, and was merged in oratory. The astrologer and former

advocate Firmicus never mentions jurists among the other numerous professions which he names, but on the other hand e.g. 8, 27 in fin.: advocati optimi et regum amici ac praecipui oratores. According to him penmen, rather than lawyers, were employed in the Imperial council; see e.g. 8, 27 regum interpretes vel magistros, scribas quoque et sacrarum (Imperial) litterarum officia tractantes. 30 litterarum officia tractantes, regibus notos et eorum scribas. Cf. MAMERTIN. grat. act. 20, 1 iuris civilis scientia, quae Manlios, Scaevolas, Servios in amplissimum gradum dignitatis evexerat, libertinorum artificium dicebatur (by the aristocrats of the Byzantine Court). On the other hand of Julian qui in oratoria facultate, qui in scientia iuris civilis excellit ultro ad familiaritatem vocatur (ib. 25, 3). AMMIAN. 30, 4, 11 (a. 374) secundum est genus eorum qui iuris professi scientiam, ut altius videantur

iura callere, Trebatium loquuntur et Cascellium etc. ib. 16 (of the lawyers) e quibus ita sunt rudes nonnulli ut numquam se codices habuisse meminerint. et si in circulo doctorum auctoris veteris inciderit nomen, piscis aut edulii peregrinum esse vocabulum arbitrantur.

11. CFHOMMEL, Palingenesia librorum iuris veterum, sive Pandectarum loca integra exposita et ab exemplari Taurellii Florentino accuratissime descripta, Lps. 1767 sq. III. HFITTING, d. Alter d. Schriften röm. Juristen von Hadr. bis Alex. Sev., Bas. 1860. Concerning the language of the jurists: HE DIRKSEN, manuale latinitatis fontt. iur. civ. rom., Berl. 1837 and his kl. Schrr. (§ 48, 2). WKALB, das Juristenlatein, Versuch einer Charakteristik auf Grund d. Digesten, Nürnb. 1886.

50. The Romans as a nation had not much talent for the study of Philosophy: abstract reflection seemed to their simple practical turn of mind little better than idling. All real philosophy they obtained from the Greeks, and this at a time when in Greece itself the great masters had been succeeded by Epigoni, who confined themselves to reproducing and spinning out in the traditional manner a limited stock of ideas. The first transplanter of Greek philosophical thought, Q. Ennius, took up (not to mention his Epicharmus) a production of the most shallow rationalism, the work of Euhemerus, and this note reverberates in Pacuvius and L. Accius. The disagreement of doctrines of this kind with the existing customs and religion caused a. 581/173 the expulsion of the Epicurean philosophers Alkaios and Philiskos, 593/161 the SC. de philosophis et rhetoribus (uti Romae ne essent), and 599/155 the hasty but still too long delayed departure of the Athenian ambassadors, the Academic Karneades, the Stoic Diogenes, and the Peripatetic Kritolaos, of whom the first especially made a deep impression on the younger generation by his eloquence and liberal sentiments. The far-seeing Stoic Panaitios was not long afterwards received by the younger Scipio, and through him and his disciple Poseidonios Stoicism gained admittance among the Romans. It was professed by the younger Laelius, Q. Aelius Tubero,

C. Fannius, Sp. Mummius, C. Blossius, P. Rutilius Rufus, Valerius Soranus, L. Aelius Stilo, by the jurisprudentes Q. Mucius Scaevola (the augur as well as the pontifex), L. Lucilius Balbus, Sex. Pompeius and Ser. Sulpicius Rufus, and finally the younger Cato; and in literature by Stertinius. Other Romans were won over to other systems by the Greeks into whose hands they chanced to fall; the (new) Academy especially found many adherents, on account of its plausible doctrines and its consequent utility for legal purposes, e.g. C. Aurelius Cotta (cos. 679/75), L. Lucullus, L. Tubero. M. Piso (cos. 693/61) and M. Licinius Crassus (cos. 684/70) inclined to the Peripatetic philosophy. The simplicity, moral laxity and self-sufficiency of the Epicurean philosophy recommended it especially to such natures as were glad to retire to leisure and quiet from the political agitations, e.g. in Cicero's time his friend Atticus, Papirius Paetus and M. Marius, and also Pansa. For this very reason this system was also the first to be represented in Latin literature, not only by Ennius and the communis historia of Lutatius in the time before Cicero, but also by Rabirius, Catius and Amafinius, and especially by Lucretius. Other adherents of the Epicurean philosophy were C. Velleius, L. Saufeius, L. Manlius Torquatus (praetor 706/48), Statilius, P. Volumnius, and to a certain extent also C. Cassius. A form of the Pythagorean philosophy corrupted with all sorts of superstitious elements found an apostle in Nigidius Figulus, and disciples (such as P. Vatinius). Much greater was the number of those who, following the example of the most distinguished Greek philosophers of this period, e.g. Antiochos of Askalon, combined several systems, as Varro the polyhistor sided with the Stoics in dialectics, theology and natural philosophy, with the Academy in ethics; and M. Brutus who, on the other hand, was a Stoic in ethics, and an Academic in all other respects. The eclectic tendency is especially exhibited in the numerous philosophical writings of Cicero.

1. A survey in Cic. Tusc. 4, 1-7; cf. de or. 2, 154 sq. Acad. pr. 2, 5. QUINT. 10, 1, 123 sq.-HEPKE, de philos. qui Romae docuerunt usque ad Antoninos, Berl. 1842. EZELLER in his history of Greek philosophy and: Religion u. Philosophie b. d. Röm. in his Vorträge u. Abhh. 2 (Lpz. 1877), 93; esp. 106. MOMMSEN, RG. 2o, 410. 3o, 570. Also ASTAHR, Aristot. bei d. Röm., Lpz. 1834. FRIEDLÄNDER, Sittengesch. 35, 607.-CBURESCH, consolationum a Graecis Romanisque scriptarum hist. crit., Lpz. Stud. 9, 1. On this see also AGERCKE in the Tirocin. philol. sodal. semin. Bonn. (Berl. 1883) 28.

2. The reflective bent of the Romans is shown by Appius Caecus' didactic

poem (§ 90, 5), by Cato's praecepta ad filium (§ 121, 2), and by the sententious character of the Mimi (§ 8, 6. 212, 4) etc. Their practical wisdom was apt to wear a fatalistic colouring: see L. Paullus in Liv. 45, 8 and Scipio Africanus in Cic. off. 1, 90. Ennius' saying is characteristic: philosophari est mihi necesse, at paúcis, nam omnino haúd placet (Reliq. ed. VAHLEN p. 145). The supposed compositions of Numa dug out in the year 573/181, containing scripta philosophiae Pythagoricae, were burnt, quia philosophiae scripta essent, PLIN. NH. 13, 86. Cato the Elder was oλws piλoσopią wρoσKEKpOVKÚS (PLUT. Cat. mai. 23). Cicero considers it his duty to justify his philosophical writings in almost every book of this kind, see especially off. 2, 2 sqq. Even TACITUS makes his Agricola (Agr. 4) say se prima in iuventa studium philosophiae acrius, ultra quam concessum Romano ac senatori, hausisse, and GELLIUS (5, 16, 5) considers that degustandum ex philosophia, non in eam ingurgitandum.

3. The Romans valued philosophy only as conducive to the formation of character, a source of instruction as to the moral duties of man, the things on the possession of which his happiness depends, and the means of obtaining them (ZELLER, Vortrr. 2, 106). Thus Varro alleged as causa philosophandi that man thereby becomes bonus et beatus, and Cornelius Nepos (in LACTANT. Inst. 3, 15, 10) adduces against the study of philosophy: video magnam partem eorum qui in schola de pudore et continentia praecipiant argutissime, eosdem in omnium libidinum cupiditatibus vivere. And Pacuvius already (in GELL. 13, 8, 4) has said: ódi ego homines ignava opera et philosopha sententia. We must also keep in mind the general mediocrity of the Greeks to whom the Romans owed their philosophy. Thus it came to pass that the Romans became in philosophy merely worse pupils of bad masters/(MOMMSEN).

4. The various philosophical systems with regard to their fitness for oratorical purposes are discussed by QUINTIL. 12, 2, 24. The Stoic philosophy appeared to be the least applicable thereto; Cic. de. or. 3, 66. fin. 4, 78. parad. praef. 2. Brut. 114, 118. QUINT. 10, 1, 84; cf. 12, 2, 25; Cic. parad. praef. 1: animadverti saepe Catonem cum in senatu sententiam diceret, locos graves ex philosophia tractare abhorrentes ab hoc usu forensi et publico, sed dicendo consequi tamen ut illa etiam populo probabilia viderentur. The new Academy on the contrary seemed to be most favourable to this object; see Cic. de or. 3, 80.

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5. Cic. Vatin. 14 tu qui te Pythagoreum soles dicere et hominis doctissimi nomen tuis immanibus et barbaris moribus praetendere. But Vatinius can no more be numbered among the philosophers on account of this passage than Caerellia on account of Cic. Att. 13, 21, 5 mirifice Caerellia, studio videlicet philosophiae flagrans, describit (libros meos) de tuis; istos ipsos de finibus habet; cf. ib. 22, 3. Thus the lady in HOR. epod. 8, 15 has libelli stoici inter sericos pulvillos.

51. Augustus intentionally favoured the study of philosophy and even himself wrote Hortationes ad philosophiam. Besides him we know, however, only T. Livius, Crispinus, and Sextius the Elder as philosophical writers in his time. But philosophical training was possessed by, and manifested itself in, almost all the first writers of that period, e.g. Vergil, Horace and L. Varius. Many combined with it an interest in natural philosophy. The Epicurean philosophy was most in harmony with the tendency of the times, calling up, as it did, in the more serious minds a

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feeling of sorrowful resignation. Even in the first century after Christ the Epicurean and Stoic philosophies remained the only systems represented at Rome, but then only a few (such as Aufidius Bassus) possessed that mental independence and selfreliance, which form the basis of the Epicurean philosophy; the majority turned to Stoic philosophy, some weakening it by dropping the harsher features of its system and its crotchety doctrines on cosmology, as Seneca does, others, e.g. Sextius the Younger, increasing its depth by adding to it theistic and Pythagorean ingredients. Men of the most decided characters, as Paetus Thrasea, Helvidius Priscus, and also the young Persius Flaccus, even augmented its ruggedness of doctrine and practice. Others at least observed the fashion of keeping a philosopher and having discussions with him. Rome in this way was flooded with philosophers, many of whom by their personal want of character brought philosophy itself into contempt. The number was small of men who, like the Cynic Demetrios, gave to others the example of an independent mind. Vespasian and Domitian banished the philosophers from Rome and Italy. In the second century also the Stoic system prevailed and was numerously represented in Rome, by Greeks as well as Romans, among the latter especially by Junius Rusticus; with M. Aurelius the Stoic philosophy appeared even on the throne. Others endeavoured to make philosophy popular, by extending their declamations to these subjects also, e.g. Apuleius. Many thought to increase their effect by a cloudy mysticism, arbitrarily styling itself Platonism, e.g. Taurus, Favorinus, and also Apuleius. The Neoplatonic philosophy of the 3rd century has no representative of note in Roman literature. The ascendancy of the Christian religion in the 4th century drove those who did not go over to it to the renewed study of the treasures of the old Greek philosophy, which were made more accessible by revision and translation, as e.g. by Augustine before he became a Christian, and especially by Boethius in the 6th century. By these labours they were transmitted to the nations of the West, whose mental food they formed during the Middle Ages.

1. L. Varius (or Varus) Epicureus: § 223, 3. Horace ridicules in his earlier poems the absurdities of the Stoic philosophy, and professes Epicurean doctrines; in the later ones he does justice to the seriousness and depth of Stoicism. Cf. § 235, 5. Liv. 43, 13, 1 nihil deos portendere vulgo nunc credunt. Under Caligula Πομ