earned to live, to reason, and to die: but they imbibed
in some degree the prejudices of the sect; the love of paradox, the
pertinacious habits of dispute, and a minute attachment to words
and verbal distinctions. The superiority of _form_ to _matter_ was
introduced to ascertain the right of property: and the equality of
crimes is countenanced by an opinion of Trebatius, that he who touches
the ear, touches the whole body; and that he who steals from a heap of
corn, or a hogshead of wine, is guilty of the entire theft.

Arms, eloquence, and the study of the civil law, promoted a citizen to
the honors of the Roman state; and the three professions were
sometimes more conspicuous by their union in the same character. In
the composition of the edict, a learned praetor gave a sanction and
preference to his private sentiments; the opinion of a censor, or a
counsel, was entertained with respect; and a doubtful interpretation of
the laws might be supported by the virtues or triumphs of the civilian.
The patrician arts were long protected by the veil of mystery; and in
more enlightened times, the freedom of inquiry established the general
principles of jurisprudence. Subtile and intricate cases were elucidated
by the disputes of the forum: rules, axioms, and definitions, were
admitted as the genuine dictates of reason; and the consent of the legal
professors was interwoven into the practice of the tribunals. But these
interpreters could neither enact nor execute the laws of the republic;
and the judges might disregard the authority of the Scaevolas themselves,
which was often overthrown by the eloquence or sophistry of an ingenious
pleader. Augustus and Tiberius were the first to adopt, as a useful
engine, the science of the civilians; and their servile labors
accommodated the old system to the spirit and views of despotism. Under
the fair pretence of securing the dignity of the art, the privilege
of subscribing legal and valid opinions was confined to the sages of
senatorian or equestrian rank, who had been previously approved by
the judgment of the prince; and this monopoly prevailed, till Adrian
restored the freedom of the profession to every citizen conscious of his
abilities and knowledge. The discretion of the praetor was now governed
by the lessons of his teachers; the judges were enjoined to obey the
comment as well as the text of the law; and the use of codicils was
a memorable innovation, which Augustus ratified by the