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Justinian I · The Digest of Justinian §1.2.2.46-1.2.2.53

Tubero and the Foundation of the Two Rival Legal Schools

Passage 19 of 9271 · Latin

Summary

This section describes the career of the jurist Tubero, the establishment of the two rival legal schools by Ateius Capito and Antistius Labeo, the evolution of the right to give public legal opinions under the early Roman Empire, and the succession of jurists in both schools.

[POMPONIUS libro singulari enchiridii. ] §1.2.2.46Post hos quoque TUBERO fuit, qui Ofilio operam dedit: fuit autem patricius et transit a causis agendis ad ius ciuile, maxime postquam Quintum Ligarium accusauit nec optinuit apud Gaium Caesarem.
After these there was also Tubero, who studied under Ofilius; he was a patrician and changed from pleading cases to civil law, especially after he prosecuted Quintus Ligarius and did not succeed before Gaius Caesar.
is est Quintus Ligarius, qui cum Africae oram teneret, infirmum Tuberonem applicare non permisit nec aquam haurire, quo nomine eum accusauit et Cicero defendit: exstat eius oratio satis pulcherrima, quae inscribitur pro Quinto Ligario.
This is the Quintus Ligarius who, when he held the coast of Africa, did not allow the ailing Tubero to land or to draw water, on which account Tubero prosecuted him and Cicero defended him; his speech survives, which is quite beautiful and is entitled 'For Quintus Ligarius'.
Tubero doctissimus quidem habitus est iuris publici et priuati et complures utriusque operis libros reliquit: sermone etiam antiquo usus affectauit scribere et ideo parum libri eius grati habentur.
Tubero was indeed considered highly learned in public and private law and left several books of both works; he also affected to write using archaic language, and for this reason his books are not held in much favor.
§1.2.2.47Post hunc maximae auctoritatis fuerunt ATEIUS CAPITO, qui Ofilium secutus est, et ANTISTIUS LABEO, qui omnes hos audiuit, institutus est autem a Trebatio.
After him, of the greatest authority were Ateius Capito, who followed Ofilius, and Antistius Labeo, who attended the lectures of all of these, but was introduced by Trebatius.
ex his Ateius consul fuit: Labeo noluit, cum offerretur ei ab Augusto consulatus, quo suffectus fieret, honorem suscipere, sed plurimum studiis operam dedit: et totum annum ita diuiserat, ut Romae sex mensibus cum studiosis esset, sex mensibus secederet et conscribendis libris operam daret.
Of these, Ateius was consul; Labeo, when a consulship was offered to him by Augustus, by which he might become a suffect consul, refused to accept the honor, but devoted himself most of all to his studies; and he had so divided the whole year that for six months he was in Rome with his students, and for six months he withdrew and devoted himself to writing books.
itaque reliquit quadringenta uolumina, ex quibus plurima inter manus uersantur.
Thus he left four hundred volumes, very many of which are in use.
hi duo primum ueluti diuersas sectas fecerunt: nam Ateius Capito in his, quae ei tradita fuerant, perseuerabat, Labeo ingenii qualitate et fiducia doctrinae, qui et ceteris operis sapientiae operam dederat, plurima innouare instituit.
These two first formed, as it were, different sects; for Ateius Capito persisted in those things which had been handed down to him, while Labeo, by the quality of his talent and confidence in his learning, having also devoted himself to other branches of philosophy, undertook to introduce very many innovations.
§1.2.2.48Et ita Ateio Capitoni MASSURIUS SABINUS successit, Labeoni NERUA, qui adhuc eas dissensiones auxerunt.
And so Massurius Sabinus succeeded Ateius Capito, and Nerva succeeded Labeo, and they further increased those dissensions.
hic etiam Nerua Caesari familiarissimus fuit.
This Nerva was also very intimate with Caesar.
Massurius Sabinus in equestri ordine fuit et publice primus respondit: posteaque hoc coepit beneficium dari, a Tiberio Caesare hoc tamen illi concessum erat.
Massurius Sabinus was in the equestrian order and was the first to give opinions publicly; and afterwards this privilege began to be granted, yet this had been conceded to him by Tiberius Caesar.
§1.2.2.49Et, ut obiter sciamus, ante tempora Augusti publice respondendi ius non a principibus dabatur, sed qui fiduciam studiorum suorum habebant, consulentibus respondebant: neque responsa utique signata dabant, sed plerumque iudicibus ipsi scribebant, aut testabantur qui illos consulebant.
And, so that we may know in passing, before the times of Augustus the right of giving opinions publicly was not granted by the princeps, but those who had confidence in their studies gave answers to those who consulted them; nor did they give opinions sealed in any case, but for the most part they wrote to the judges themselves, or those who consulted them testified to them.
primus diuus Augustus, ut maior iuris auctoritas haberetur, constituit, ut ex auctoritate eius responderent: et ex illo tempore peti hoc pro beneficio coepit.
The deified Augustus was the first who, in order that the authority of the law might be held greater, established that they should give opinions on his authority; and from that time this began to be sought as a privilege.
et ideo optimus princeps Hadrianus, cum ab eo uiri praetorii peterent, ut sibi liceret respondere, rescripsit eis hoc non peti, sed praestari solere et ideo, si quis fiduciam sui haberet, delectari se populo ad respondendum se praepararet.
And therefore the excellent prince Hadrian, when men of praetorian rank petitioned him that they might be allowed to give opinions, wrote back to them that this was not usually petitioned for, but bestowed, and therefore, if anyone had confidence in himself, he would be pleased if he prepared himself to give opinions to the people.
§1.2.2.50Ergo Sabino concessum est a Tiberio Caesare, ut populo responderet: qui in equestri ordine iam grandis natu et fere annorum quinquaginta receptus est.
Therefore it was conceded to Sabinus by Tiberius Caesar that he might give opinions to the people; he was admitted into the equestrian order when already advanced in years, and being about fifty years old.
huic nec amplae facultates fuerunt, sed plurimum a suis auditoribus sustentatus est.
He did not have ample means, but was supported for the most part by his pupils.
§1.2.2.51Huic successit GAIUS CASSIUS LONGINUS natus ex filia Tuberonis, quae fuit neptis Seruii Sulpicii: et ideo proauum suum Seruium Sulpicium appellat.
He was succeeded by Gaius Cassius Longinus, born of the daughter of Tubero, who was the granddaughter of Servius Sulpicius; and for this reason he called Servius Sulpicius his great-grandfather.
hic consul fuit cum Quartino temporibus Tiberii, sed plurimum in ciuitate auctoritatis habuit eo usque, donec eum Caesar ciuitate pelleret.
He was consul with Quartinus in the times of Tiberius, but held the greatest authority in the state until Caesar expelled him from the state.
§1.2.2.52Expulsus ab eo in Sardiniam, reuocatus a Uespasiano diem suum obit.
Expelled by him to Sardinia, and recalled by Vespasian, he met his end.
Neruae successit PROCULUS. fuit eodem tempore et NERUA FILIUS: fuit et alius LONGINUS ex equestri quidem ordine, qui postea ad praeturam usque peruenit.
Proculus succeeded Nerva. At the same time was also Nerva the son; there was also another Longinus, indeed of the equestrian order, who afterwards reached even the praetorship.
sed Proculi auctoritas maior fuit, nam etiam plurimum potuit: appellatique sunt partim Cassiani, partim Proculiani, quae origo a Capitone et Labeone coeperat.
But the authority of Proculus was greater, for he also was most influential; and they were called partly Cassians, partly Proculians, which origin had begun with Capito and Labeo.
§1.2.2.53Cassio CAELIUS SABINUS successit, qui plurimum temporibus Uespasiani potuit: Proculo PEGASUS, qui temporibus Uespasiani praefectus urbi fuit: Caelio Sabino PRISCUS IAUOLENUS: Pegaso CELSUS: patri Celso CELSUS FILIUS et PRISCUS NERATIUS, qui utrique consules fuerunt, Celsus quidem et iterum: Iauoleno Prisco ABURNIUS UALENS et TUSCIANUS, item SALUIUS IULIANUS.
Caelius Sabinus succeeded Cassius, who was most influential in the times of Vespasian; Pegasus succeeded Proculus, who was prefect of the city in the times of Vespasian; Priscus Javolenus succeeded Caelius Sabinus; Celsus succeeded Pegasus; Celsus the son and Priscus Neratius succeeded the father Celsus, both of whom were consuls, Celsus indeed for a second time; Aburnius Valens and Tuscianus succeeded Javolenus Priscus, as did also Salvius Julianus.

Notes

  1. §1.2.2.46quo nomine — A conventional phrase combining the ablative form of the relative pronoun "qui" with the noun "nomen", meaning "on which account" or "for which reason".
  2. §1.2.2.47quo suffectus fieret — The relative "quo" introduces a relative clause of purpose or characteristic/result with the subjunctive "fieret", indicating "by which he might be made a (suffect) consul".
  3. §1.2.2.49delectari se populo ad respondendum se praepararet — An indirect speech construction dependent on "rescripsit". The accusative with infinitive clause "delectari se" (where "se" refers to the main subject Hadrian, "that he [Hadrian] would be pleased") forms the main clause, which is modified by the subjunctive clause "se praepararet" ("if he should prepare himself"). The phrase "populo ad respondendum" ("to respond to the people") modifies "praepararet".

Cite this passage

Justinian I, The Digest of Justinian §1.2.2.46-1.2.2.53. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.2.2.46-1.2.2.53

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