theft. [58]

[Footnote 5311: M. Hugo thinks that the ingenious system of the
Institutes adopted by a great number of the ancient lawyers, and by
Justinian himself, dates from Severus Sulpicius. Hist du Droit Romain,
vol.iii.p. 119.--W.]

[Footnote 54: Crassus, or rather Cicero himself, proposes (de Oratore,
i. 41, 42) an idea of the art or science of jurisprudence, which the
eloquent, but illiterate, Antonius (i. 58) affects to deride. It was
partly executed by Servius Sulpicius, (in Bruto, c. 41,) whose praises
are elegantly varied in the classic Latinity of the Roman Gravina, (p.
60.)]

[Footnote 55: Perturbatricem autem omnium harum rerum academiam, hanc ab
Arcesila et Carneade recentem, exoremus ut sileat, nam si invaserit
in haec, quae satis scite instructa et composita videantur, nimis edet
ruinas, quam quidem ego placare cupio, submovere non audeo. (de Legibus,
i. 13.) From this passage alone, Bentley (Remarks on Free-thinking,
p. 250) might have learned how firmly Cicero believed in the specious
doctrines which he has adorned.]

[Footnote 56: The stoic philosophy was first taught at Rome by
Panaetius, the friend of the younger Scipio, (see his life in the Mem.
de l'Academis des Inscriptions, tom. x. p. 75--89.)]

[Footnote 57: As he is quoted by Ulpian, (leg.40, 40, ad Sabinum in
Pandect. l. xlvii. tit. ii. leg. 21.) Yet Trebatius, after he was a
leading civilian, que qui familiam duxit, became an epicurean, (Cicero
ad Fam. vii. 5.) Perhaps he was not constant or sincere in his new sect.
* Note: Gibbon had entirely misunderstood this phrase of Cicero. It was
only since his time that the real meaning of the author was apprehended.
Cicero, in enumerating the qualifications of Trebatius, says, Accedit
etiam, quod familiam ducit in jure civili, singularis memoria, summa
scientia, which means that Trebatius possessed a still further most
important qualification for a student of civil law, a remarkable memory,
&c. This explanation, already conjectured by G. Menage, Amaenit. Juris
Civilis, c. 14, is found in the dictionary of Scheller, v. Familia, and
in the History of the Roman Law by M. Hugo. Many authors have asserted,
without any proof sufficient to warrant the conjecture, that Trebatius
was of the school of Epicurus--W.]

[Footnote 58: See Gravina (p. 45--51) and the ineffectual cavils
of Mascou. Heineccius (Hist. J. R. No. 125) quotes and approves a
dissertation of Everard Otto, de Stoica Jurisconsultorum