ii. tit. 23, and Theophil. Vers.
Graec. p. 677, 680) has commemorated this weighty dispute, and the
verses of Homer that were alleged on either side as legal authorities.
It was decided by Paul, (leg. 33, ad Edict. in Pandect. l. xviii.
tit. i. leg. 1,) since, in a simple exchange, the buyer could not be
discriminated from the seller.]

[Footnote 65: This controversy was likewise given for the Proculians, to
supersede the indecency of a search, and to comply with the aphorism of
Hippocrates, who was attached to the septenary number of two weeks of
years, or 700 of days, (Institut. l. i. tit. xxii.) Plutarch and the
Stoics (de Placit. Philosoph. l. v. c. 24) assign a more natural reason.
Fourteen years is the age. See the vestigia of the sects in Mascou, c.
ix. p. 145--276.]

[Footnote 66: The series and conclusion of the sects are described by
Mascou, (c. ii.--vii. p. 24--120;) and it would be almost ridiculous to
praise his equal justice to these obsolete sects. * Note: The work
of Gaius, subsequent to the time of Adrian, furnishes us with some
information on this subject. The disputes which rose between these two
sects appear to have been very numerous. Gaius avows himself a disciple
of Sabinus and of Caius. Compare Hugo, vol. ii. p. 106.--W.]

[Footnote 67: At the first summons he flies to the turbot-council;
yet Juvenal (Satir. iv. 75--81) styles the praefect or bailiff of Rome
sanctissimus legum interpres. From his science, says the old scholiast,
he was called, not a man, but a book. He derived the singular name of
Pegasus from the galley which his father commanded.]

[Footnote 68: Tacit. Annal. xvii. 7. Sueton. in Nerone, c. xxxvii.]

[Footnote 69: Mascou, de Sectis, c. viii. p. 120--144 de Herciscundis,
a legal term which was applied to these eclectic lawyers: herciscere is
synonymous to dividere. * Note: This word has never existed. Cujacius
is the author of it, who read me words terris condi in Servius ad Virg.
herciscundi, to which he gave an erroneous interpretation.--W.]

[Footnote 70: See the Theodosian Code, l. i. tit. iv. with Godefroy's
Commentary, tom. i. p. 30--35. [! This decree might give occasion to
Jesuitical disputes like those in the Lettres Provinciales, whether a
Judge was obliged to follow the opinion of Papinian, or of a majority,
against his judgment, against his conscience, &c. Yet a legislator might
give that opinion, however false, the validity, not of truth, but of
law. Note: We p