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And subsequently, after codicils had been made by Labeo, nobody doubted their complete validity. 1 Not only can codicils be made after a will, but a man dying intestate can create trusts by codicils, though Papinian says that codicils executed before a will are invalid unless confirmed by a later express declaration that they shall be binding.
His rival, Capito, was equally learned in all departments of the law, and left behind him as many treatises as Labeo. These two jurists were the founders of celebrated schools, like the ancient philosophers, and each had distinguished followers. Masurius Sabinus Gaius and Pomponius, were of the school of Capito.
X. Labeo Antistius and Capito Ateius; the number of people executed for their attachment to Sejanus; and the marriage of Drusus, the brother of Tiberius, to the Elder Antonia. I. I have now so far cleared the way as to be in a fair position to enter with feasibleness into an investigation of the Annals, with the view of proving that it was not written by Tacitus.
Santra is of opinion that if Terence required any assistance in his compositions , he would not have had recourse to Scipio and Laelius, who were then very young men, but rather to Sulpicius Gallus , an accomplished scholar, who had been the first to introduce his plays at the games given by the consuls; or to Q. Fabius Labeo, or Marcus Popilius , both men of consular rank, as well as poets.
The consuls would probably have carried the point, had not Quintus Marcius Rex and Caius Antinius Labeo, plebeian tribunes, declared, that they would enter their protest, unless they were allowed, before any further proceeding, to take the sense of the people, whether it was their will and order that peace be concluded with Philip.
The consuls, prætors, and quæstors of the year B.C. 49 were continued by the Senate at Thessalonica for the year B.C. 48 under the names of Proconsuls, Proprætors, Proquæstors. 'Labeo' is a mere blunder of the copyists. He fell at the battle of Munda in Spain B.C. 45. Cæsar reached Brundisium at the close of the year B.C. 49. See the remarks on the time in Clinton, Fasti, B.C. 49.
Then were elected praetors, Caius Fabricius Luscinus, Caius Atinius Labeo, Cneius Manlius Vulso, Appius Claudius Nero, Publius Manlius, and Publius Porcius Laeca. The curule aediles, Marcus Fulvius Nobilior and Caius Flaminius, made a distribution to the people of one million pecks of wheat, at the price of two asses.
The latter part of it alludes to different passages in Juvenal; and he particularly reflects on some poetaster he calls Labeo, whom he had repeatedly lash'd before; and who was not improbably some cotemporary scribler. Upon the whole, these satires sufficiently evince both the learning and ingenuity of their author.
Sextilia, wife of Scaurus, and Paxaea, wife of Labeo, to encourage their husbands to avoid the dangers that pressed upon them, wherein they had no other share than conjugal affection, voluntarily sacrificed their own lives to serve them in this extreme necessity for company and example.
The author of the Annals, at the end of one historic year, before passing on to record the events of that which follows, mentions their deaths, as of the two famous juris-consults, Capito Ateius and Labeo Antistius. Another thing extremely suspicious is that nowhere in his History, nor even in his biographical work, Agricola, does Tacitus introduce a whole letter.
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