mansuetudo, serenitas, tranquillitas, maiestas or tuum numen; for others, according to their rank, the forms tua sanctitas, religio, reverentia, praestantia, celsitudo, sublimitas, excellentia, magnificentia, laudabilitas, eximietas are in common use, and Symmachus addresses the Nichomachi filii who were connected with him as, at least, tua (vestra) unanimitas. The epithet sanctus likewise is excessively cheapened (e.g. Symm. ep. 5, 16. 21. 31. 41). Moreover the habit of designating acquaintances, friends and colleagues, according to their age as parens, frater or filius generally in combination with dominus (e.g. dominus et filius meus), gives a sort of fulsomeness to the forms of address. Thus Honorius in official communications addresses Symmachus: Symmache parens carissime (atque amantissime). In the letters of Christian writers we have, in addition, frater in Christo dilectissime, etc. In these the beginning and end are generally practical, while the body of the letter is an overflowing pastoral effusion, intermixed with numerous biblical allusions.

11. Eight unpublished letters by Africans s. VI (esp. Ferrandus) in REIFFERSCHEID, Anecd. Casin., Bresl. 1871 (see § 494, 5).

12. Earlier collections of the Papal epistles by ACARAFA (1591), HOLSTENIUS (1662), in the collections of decrees of Councils, canones, bullaria (the most recent is that in Turin, with an appendix 1867) and others. The best by the Benedictine PCOUSTANT: Epistolae romanorum pontificum et quae ad eos scriptae sunt a s. Clemente usque ad Innocentium III quotquot reperiri potuerunt; T. I ab a. Chr. 67 ad a. 440, Paris 1721. Continued (but not published) by SMOPINOT and UDURAND. From their papers, adhibitis praestantiss. codd. Ital. et Germ. rec. et ed. (the letters a s. Hilario ad Pelagium II) ATHIEL; vol. I, Braunsb. 1868. Cf. also FMAASSEN, Gesch. d. Quellen d. kanon. Rechts (Graz 1870) 1, 226.

47. The most popular kind of entertaining literature is the romance, that is, a fictitious amusing narrative (love-stories in particular). Among the Romans it is nearly as old as was ennui among their nobility, and it affects from the first a certain strong seasoning; Sisenna's translation of the Minoιakú of Aristides. Hence the name milesia (fabula) for romance in general. Petronius adds to obscenity a satirical element. Apuleius (Metamorph.) translates a magical romance and mingles with it other stories, as well as pagan mysticism. At a later time the romance prefers to group its fantastic inventions round historic subjects and personages, such as the destruction of Troy (Dictys and Dares), Alexander the Great (Julius Valerius), Antiochus (Historia Apollonii, regis Tyri). Most of the productions in the way of curiosities of literature and descriptions of travel also serve the purpose of entertainment.

1. APUL. met. 4, 32 propter milesiae conditorem. TERT. de anima 23. Cf. § 370, 4. HIERON. c. Rufin. 1, 17 (2, 473 Vall.): quasi non cirratorum, turba milesiarum in scholis figmenta decantet et testamentum suis (above § 28, 3) Bessorum cachinno membra concutiat atque inter scurrarum epulas nugae istiusmodi frequententur. Comment. in Isa. XII in. (4, 493 Vall.) multo pars maior est milesias revolventium quam Platonis libros.. testamentum Grunnii Corocottae porcelli decantant in scholis

puerorum agmina cachinnantium. MARTIAN. CAP. 2, 100 mythos poeticae diversitatis, delicias milesias historiasque mortalium . se amissuram formidabat. For

the part of Antiochus in the Hist. Apoll. cf. besides EROHDE, gr. Roman 417.

2. Book of marvels by the senator L. Manlius. Descriptions of travel by Trebius Niger, Sebosus and others, subsequently by Licinius Mucianus.

3. The popular fairy-tale, which the Romans also possessed, does not venture into literature. There are only occasional suggestions of it. APULEIUS' (met. 4,28) story of Cupid and Psyche is a fairy-tale remodelled (see LFRIEDLÄNDER, Sittengesch. Roms 15, 468), as is shown by the opening: Erant in quadam civitate rex et regina. Allusions to stock incidents in fairy-tales in PERSIUS 2, 37. 38. Cf. MHAUPT, opusc. 3, 570.

48. Jurisprudence is the only part of literature the development of which among the Romans was national from first to last. An inflexible and unwavering adherence to their rights was always peculiar to the Romans, and this favoured the growth and consolidation of a system of laws, for the production of which their eminent qualities of acute intellect, practical dexterity and love of order were perfectly sufficient, and which was also favoured by the combination of conservatism and progress peculiar to the Roman Law. There were fixed rules at a very early date, at first of a religious character and in the possession of the patrician Pontifices, whence also their interpretation, application and development lay in the hands of the patricians. But when (c. 450/304) the various forms of accusations and a list of judgment-days had been made public, the law became generally accessible and was almost immediately represented by the plebeians P. Sempronius Sophus and Tib. Coruncanius. The law being of a very positive character, literary activity could at first manifest itself only in collecting and interpreting the sources; so it was in the first juridical writer, Sex. Aelius Catus (c. 550/204). The more varied life became, the more important grew the knowledge of the law, and the auctoritas prudentum, as laid down in their decisions (responsa), gradually became an acknowledged source of law. Since the beginning of the 7th century u.c. we find the responsa written down and published in collections, as e.g. by the son of Cato Censorius, by M. Junius Brutus and P. Mucius Scaevola (cos. 621/133), while M'. Manilius published a collection of formulas. As early as the middle of the 7th century u.c., most probably under the influence of the Stoic philosophy, the Roman Law was reduced to a system by Q. Mucius Scaevola (pont. max., cos. 659/95). His pupil was C. Aquilius Gallus, and through the

pupil of the latter, Ser. Sulpicius Rufus, the systematic development of the Law was greatly advanced, Cicero also contributing to it. Until then, legal knowledge had principally been propagated by oral tradition, and in some families (as e.g. the Aelii, Mucii, Porcii, Sulpicii, later on the Antistii) was quasi-hereditary, a circumstance which did much to create a special profession of jurists.

1. Sources: POMPONIUS de origine iuris, dig. 1, 2. Later on the Digests in general. Corpus iuris anteiustinianei, Bonn 1835-41. GBRUNS, fontes iuris rom. antiqui, Freib. 1886 (cur. THMOMMSEN). EHUSCHKE, Iurisprudentia anteiustiniana, Lps. 1886. Collectio librorum iuris anteiustiniani, ed. PKrüger, THMOммSEN, WSTUDEMUND, Berl. 1877 seq. III.

2. AFRUDORFF, röm. Rechtsgeschichte, Lpz. 1857. 59 II. OKARLOWA, römische Rechtsgeschichte I, Lpz. 1885. RJHERING, Geist des röm. Rechts auf den verschiedenen Stufen seiner Entwickelung, Lpz.3 1873-77 III. MOMMSEN, RG. 16, 430. 468. 2, 457. SWZIMMERN, Gesch. des röm. Privatrechts bis Justinian; especially I, 1, Heidelb. 1826. WREIN, das Criminalrecht der Röm. bis Justinian, Eisen 1844. HEDIRKSEN, hinterlass. Schrr. z. Krit. u. Ausleg. d. Quellen d. röm. Rechtsgesch., Lpz. 1871 II. FDSANIO, Z. Gesch. d. röm. Rechtswissensch., Königsb. 1858 (see also § 166, 6d).

3. Among the Greeks legal training and knowledge were strangely neglected; Cic. de or. 1, 198. 253. At Rome the circumstances were more favourable; cf. JHERING, Geist des röm. Rechts 1, 300. Among the Romans legal knowledge penetrated even to the people; cf. the formulas of sponsio in cattle-bargains in CATO (RR. 144-150) and Varro (§ 133, 1). The more national a poet is, the more prominent the position the law holds in his writings. So especially in Plautus. But even Terence (Eun. prol. 10) thinks that a play of Luscius is condemned by proving a flagrant error in civil law in it. Cf. also the titles of togatae, Emancipatus, Iurisperita (perhaps also Ida-Icta) by Titinius and Afranius. It is a matter of course that business-men (e.g. M'. Curius, Cic. fam. 7, 29) possessed legal knowledge; later on we find the same related of several ladies, Iuv. 6, 244.

4. Cic. de or. 1, 212 iuris consultus vere nominaretur qui legum et consuetudinis eius qua privati in civitate uterentur et ad respondendum et ad cavendum peritus esset. off. 2, 65 in iure cavere, consilio iuvare atque hoc scientiae genere prodesse quam plurimis vehementer et ad opes augendas pertinet et ad gratiam. itaque cum multa praeclara maiorum tum quod optime constituti iuris civilis summo semper in honore fuit cognitio atque interpretatio. Liv. 39, 40 ad summos honores alios scientia iuris. . provexit. Compared to oratory Cic. (Brut. 151; cf. or. 141. off. 2, 66) calls it the second art. On occasion he places it lower; cf. de or. 1, 236. Mur. 25. Connection with the pontificate (Cic. leg. 2, 47). Moreover there were many jurists distinguished for their social talent and wit (the Mucii, Aquilius Gallus, Cascellius, Trebatius) and for their character (Rutilius Rufus, the Mucii, Sulpicius Rufus, Cascellius, Antistius Labeo).

5. Clients (consultores) are said to consulere, and the consulti (de iure) respondent (Cic. Brut. 113), which they did either in their residence (Cic. de or. 2, 226. 3, 133) or while they transverso foro ambulabant (ib. 3, 133; cf. ib. 1, 246). Cic. Mur. 19 Servius urbanam militiam respondendi, scribendi, cavendi, plenam

sollicitudinis ac stomachi, secutus est; praesto multis fuit, multorum stultitiam perpessus est, adrogantiam pertulit, difficultatem exsorbuit By admitting younger men as listeners, pupils were trained, as was already the practice of Coruncanius. Cicero e.g. was the auditor of the augur Q. Scaevola. Many formulas had to be learnt by heart, Cic. de or. 1, 246.

6. Cicero writes to Trebatius (fam. 7. 19): num ius civile vestrum ex libris cognosci potest? qui quamquam plurimi sunt, doctorem tamen usumque desiderant. On the other hand de or. 1, 192 neque ita multis litteris aut voluminibus magnis continentur. eadem enim sunt elata primum a pluribus, deinde paucis verbis commutatis etiam ab eisdem scriptoribus scripta sunt saepius. Still more forcibly (but in joke) Mur. 28 perpaucis et minime obscuris litteris continentur. itaque si mihi homini vehementer occupato stomachum moveritis, triduo me iuris consultum profitebor.

7. The schematic arrangement of the Stoic philosophy necessarily influenced the jurists. The augur Q. Scaevola was in friendly intercourse with Panaitios (Cic. de or. 1, 45), and the pontifex Q. Scaevola shows the influence of the Stoics in his threefold division of the doctrine of the gods (AUGUST. civ. d. 4, 27) and in the title of a work, "Opo. Later on, the influence of Aristotle and the Stoics showed itself esp. in the view taken of the Law of Nature (as púσei dikatov). MVOIGT, das ius naturale I, Lpz. 1856. HILDENBRAND, Rechts- und Staats-Philos. 1, 593. LAFERRIÈRE, l'influence du stoïcisme sur la doctrine des Jurisconsultes rom., Mém. de l'acad. des sciences morales 10 (1860), 579. Cic. fam. 7, 12 considers jurisprudence irreconcilable with the Epicurean system.

49. As the main department of Roman jurisprudence, Civil law, was nearly independent of the constitution of the State, the change of this did not impede its development, but rather the monarchical concentration of legislation and judicature required technical advisers and interpreters all the more urgently. The age of Augustus possessed in C. Trebatius Testa and A. Cascellius, and in Q. Tubero and Alfenus Varus excellent jurists; under him the division of the jurisprudentes into Sabinians and Proculians commenced; at the head of the first was the yielding C. Ateius Capito, while the Proculians were headed by the republican M. Antistius Labeo. Augustus already gave to the responsa in part legal authority, but at the same time made the ius respondendi dependent on the Emperor. Under the following Emperors of the Julian dynasty flourished the jurists Masurius Sabinus, M. Cocceius Nerva, father and son, C. Cassius Longinus and Sempronius Proculus. Indispensable to the Emperors and undisturbed in their direction of the Civil law even in the worst periods, occupying, moreover, the highest places in the State, this profession was continually recruited by talented and high-principled men, by whose labours jurisprudence was developed to a minuteness unattainable to non-professionals, and who imparted to the law evenness and logical sequence. Though

even under the Flavian dynasty (Caelius Sabinus, Pegasus, Juventius Celsus the father), and under Nerva and Trajan (Celsus fil., Neratius Priscus, Priscus Javolenus, Titius Aristo) the number of eminent lawyers and professors of jurisprudence was very large, we find esp. after Hadrian, c. 130 until 230 A.D., a continuous series of the greatest jurists: Salvius Julianus, L. Volusius Maecianus, Sex. Pomponius, L. Ulpius Marcellus, Q. Cervidius Scaevola, and more especially the coryphees and classic authors of jurisprudence: Gaius, Aemilius Papinianus, Julius Paullus, Domitius Ulpianus, and Herennius Modestinus. Intellects of this excellence raised jurisprudence to a height compared with which all the labours of the Republican period appear but crude attempts; they imparted to their writings the distinctness, nay beauty of scientific works of art, and transformed the Roman Law, formerly the Law of a City, into a Law applicable to all humanity, almost without national peculiarities, and in which legal ideas have found their most distinct expression, a Law which has been the protection of the oppressed in virtue of the sentiments of humanity pervading it. Many traits, originally inequitable and harsh, they contrived to soften down or modify by explanation, though this also taught them to wrest the sense of the words.

About the middle of the 3rd century after Christ the productive power of jurisprudence ceased. No men of talent were then to be found, and after the Praetorian Edict had been condensed by Julianus (under Hadrian), ordinary ability sufficed for the administration of the law. In the 4th century only, literary activity recommenced, but it was confined to the collection of the sources of law, especially of the Imperial decrees, with which at the end of the 2nd century Papirius Justus had made a beginning. But now under Diocletian was formed the codex Gregorianus, followed, under Constantine, by the Fragmenta vaticana and the codex Hermogenianus. Under Theodosius II and Valentinian III the Roman Law of the Christian period began to be systematised, in the codex Theodosianus, which received legal authority a. 438 and was augmented between 448 and 468 by the Novellae of Theodosius and his successors. All these labours were concluded by the collection of legal documents commanded by Justinian and executed esp. by Tribonianus; first (529) the Codex Iustinianus, then (533) the Institutiones and Digest, a selection from the works of the