o the precise period of twelve or fourteen years. [65] This
opposition of sentiments was propagated in the writings and lessons
of the two founders; the schools of Capito and Labeo maintained their
inveterate conflict from the age of Augustus to that of Adrian; [66]
and the two sects derived their appellations from Sabinus and Proculus,
their most celebrated teachers. The names of Cassians and Pegasians were
likewise applied to the same parties; but, by a strange reverse,
the popular cause was in the hands of Pegasus, [67] a timid slave of
Domitian, while the favorite of the Caesars was represented by Cassius,
[68] who gloried in his descent from the patriot assassin. By the
perpetual edict, the controversies of the sects were in a great measure
determined. For that important work, the emperor Adrian preferred the
chief of the Sabinians: the friends of monarchy prevailed; but the
moderation of Salvius Julian insensibly reconciled the victors and the
vanquished. Like the contemporary philosophers, the lawyers of the age
of the Antonines disclaimed the authority of a master, and adopted from
every system the most probable doctrines. [69] But their writings would
have been less voluminous, had their choice been more unanimous. The
conscience of the judge was perplexed by the number and weight of
discordant testimonies, and every sentence that his passion or interest
might pronounce was justified by the sanction of some venerable name. An
indulgent edict of the younger Theodosius excused him from the labor of
comparing and weighing their arguments. Five civilians, Caius, Papinian,
Paul, Ulpian, and Modestinus, were established as the oracles of
jurisprudence: a majority was decisive: but if their opinions were
equally divided, a casting vote was ascribed to the superior wisdom of
Papinian. [70]

[Footnote 62: I have perused the Diatribe of Gotfridus Mascovius, the
learned Mascou, de Sectis Jurisconsultorum, (Lipsiae, 1728, in 12mo., p.
276,) a learned treatise on a narrow and barren ground.]

[Footnote 63: See the character of Antistius Labeo in Tacitus, (Annal.
iii. 75,) and in an epistle of Ateius Capito, (Aul. Gellius, xiii. 12,)
who accuses his rival of libertas nimia et vecors. Yet Horace would not
have lashed a virtuous and respectable senator; and I must adopt the
emendation of Bentley, who reads Labieno insanior, (Serm. I. iii. 82.)
See Mascou, de Sectis, (c. i. p. 1--24.)]

[Footnote 64: Justinian (Institut. l. i