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The careful methods of exact inquiry, were, as we have said, directed also to law, in which Labeo remained the highest authority. Capito abated principle in favour of the imperial prerogative. They did not, however, affect philosophy, which retained its original colouring as an ars vivendi.
The praetors then cast lots for their provinces: to Caius Fabricius Luscinus fell the city jurisdiction; Caius Atinius Labeo obtained the foreign; Cneius Manlius Vulso, Sicily; Appius Claudius Nero, Farther Spain; Publius Porcius Laeca, Pisa, in order that he might be at the back of the Ligurians; and Publius Manlius was sent into Hither Spain, as an assistant to the consul.
The rescripts of the early emperors recognized too many popular rights to suit the despotic character of Justinian, and the older jurists, like the Scaevolas, Sulpicius, and Labeo, were distasteful from their sympathy with free institutions. Different opinions have been expressed by the jurisconsults as to the merits of the Justinian collection.
About the same time the consuls came home to Rome, and, on their holding a meeting of the senate in the temple of Bellona, and demanding a triumph, in consideration of their successes in the war, Caius Atinius Labeo, and Caius Ursanius, plebeian tribunes, insisted that "the consuls should propose their claims of a triumph separately, for they would not suffer the question to be put on both jointly, lest equal honours might be conferred where the merits were unequal."
They mentioned even military tribunes, Titus Juvencius and Cneius Labeo, of the fourth legion, the plebeian tribune's brother, who had fallen in unsuccessful conflict, together with many other brave men, both citizens and allies: and they asserted, that "pretended surrenders of a few towns and villages, fabricated for the occasion, had been made, without any pledge of fidelity being taken."
Other jurists are P. Orbius, a pupil of Juventius, of whom Cicero thought highly; Ateius, probably the father of that Ateius Capito who obtained great celebrity in the next period, and Pacuvius Labeo, whose fame was also eclipsed by that of his son. Somewhat later we find C. Trebatius, the friend of Cicero and recipient of some of his most interesting letters.
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.
When Cassius and Labeo spoke with him concerning the matter, he gave them no answer; but, seeking an interview with Brutus himself alone, and finding that he was their captain, he readily consented to partake in the action. And among the others, also, the most and best were gained by the name of Brutus.
Persius, i, 4-5: Ne mihi Polydamas et Troiades Labeonem praetulerint? "Are you afraid that Polydamas and the Trojan Ladies will prefer Labeo to me?" The Trojan Ladies, of course, stand for the aristocratic classes, Colonial Dames, so to speak, who were fond of tracing their descent back to Troy just as Americans like to discover that their ancestors came over in the Mayflower.
But Labeo, who was present, contradicted them both; and Brutus, as if it had been an intricate dispute, and difficult to be decided, held his peace for that time, but afterwards discovered the whole design to Labeo, who readily undertook it.
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