No More Learning

He 1830; Oteyza et Olano, Paralipomenon et Elec
wrote commentaries on the laws of the twelve tables torum Juris Civilis, vol. i. in Meerman's Thesaurus,
(Gell. i. 12 ; ib. vii. 15, where the second book is vol. i. pp. 619-622. )
(J. T. G. )
cited ; ib. xx. 1) and upon the Praetor's Edict, in at LA'BEO, ATEʻIUS, a contemporary of Pliny,
least four books (Gell. xiii
. 10; Dig. 11. tit. 4. &. who mentions his fancy for small pictures (H. N.
1. $ 5). Ulpian cites Lubeo libro primo praetoris xxxv. 4). Bertrandus (de Jurisp. i. 7. $ 4) would
urbani (Dig. 50. til 16. 4. 19), and refers to his read Antistius for Ateius, and, unmindful of chro-
thirtieth book praetoris peregrini (Dig. 4. tit. 3. 8. nology, would confound the picture-fancier with the
9. $ 4). The books so cited by Ulpian may form celebrated jurist of the time of Augustus. But we
YY 3


## p. 694 (#710) ############################################

694
LABEO.
LABEO.
ought probably to read Titidius instead of Ateius. x. 15), and by Aulus Gellius (xv. 27), from the
See below, p. 695, a
(J. T. G. ) work of Laelius Felix ad Q. Mucium, is Antistius
LABEO, C. ATI'NIUS. 1. Tribune of the Labeo the jurist. Antistius Labeo probably treated
plebs in B. c. 197, and praetor peregrinus in 195. of the Penates as Cornelius Labeo did, according to
(Liv. xxxiii. 22, 25, 42, 43. )
Macrobius, for we learn from Festus (s. v. Penatis)
2. Praetor in B. c. 190. He received Sicily as that Antistius Labeo thought that the word Penatis
bis province. (Liv. xxxvi. 45, xxxvii. 2. ) (C. P. M. ) might be used in the singular number. Other
LA'BEO, A'TTIUS, a Roman poet, the author fragnients, similarly relating to antiquarian and
of a translation of the poems of Homer, which is pontifical researches (e. g. Festus, s. v. Septimontio,
8
no longer extant. (Wernsdorf, Poctae Lat. min. Prosimurium, Scriptum Lapidem, Secespita, Suingere
vol. iv. p. 577).
(C. P. M. ] Arietem ; Plut. Quaest. Rom. c. 46), where Antistius
LABEO, CLAU'DIUS, a Batavian, was pre- alone or Antistius Labeo expressly mentioned,
fect of the Batavian ala, which went over from confirm our opinion as to the mistake of Macrobius
Lupercus to Civilis. (Civilis. ] Civilis, whose (who is not accurate in names), and as to the iden.
rival he was in their native town, not being willing tity of the jurist with the writer whom he calls
to incur the odium of putting him to death, and yet Cornelius Labeo. (Heinec. Hist. Jur. Rom. § 182;
fearing that, if allowed to remain with his army, Bach. Hist. Jur. Rom. iii. 1. $ 10 ; Bynkershoeck,
he might excite disaffection, sent him as a prisoner Praetermissa ad Pomponium, S 47 ; Dirksen, Bruch-
among the Frisii. He afterwards escaped, and offered stücke aus den Schriften der Römischen Juristen, p.
his services to Vocula, who gave him a small force, 74–83. )
(J. T. G. ]
with which he carried on an irregular warfare LA'BEO, DOMI'TIUS. In Dig. 28. tit. 1. &
against the insurgents. He was defeated by Civic 27, is contained an epistle of Domitius Labeo to
lis, who, however, tried in vain to crush him. Juventius Celsus, with the rude answer of the
[Civilis. ] (Tac. Hist. iv. 18, 56, 66, 70. ) (P. S. ) latter (Celsus, Vol. I. p. 662). In Dig. 41. tit. 3.
LABEO, CORNEʼLIUS, a writer cited by s. 30. § 1, Pomponius cites Labro Liiris Episto-
Macrobius. He wrote books de Fastis (Saturn. i. larum, and Cujas supposes that for Labeo should
16), and de Oraculo Apollinis Clarii (i. 18). From be read Jarolenus, as the Libri Epistolarum of
the former work are probably extracted the pas- Antistius Labeo the jurist are nowhere else men-
sages cited in Saturn. i. 12. He evidently went tioned ; but there is nothing unusual in the work
deep into mythological speculations. That he of a jurist being atat deyóuevov.
wrote a treatise entitled De Duis Penatibus cannot It is not unlikely, indeed, that the Libri Epista
fairly be inferred from Saturn. iii. 4, though it is larum cited by Pomponius is identical with the
clear that he treated of the Penates. In Saturn. Libri Responsorum of Antistius Labeo, of which
iii. 10, Labeo, without the name Cornelius (Labeo, the 15th book is cited by Ulpian, in Coll. Leg.
sexagesimo et octavo libro), is coupled with Ateius Rom. et Mos. xii. 7. We have Labeo rescribit in
Capito, and it is evident from the context, that Dig. 37. tit. 1. s. 3. § 1. and in Dig. 33. tit. 7. s.
here the same Labeo is meant as in Suturn. ii. 4. 12. $ 35, we find the expression Neratius, lib. it.
Hence, there appears to be some ground for sus- epistolarum respondit, showing that epistolae and
pecting that Macrobius intends to designate the responsa may be used synonymously. As the pro-
celebrated jurist Antistius Labeo, the contemporary posed alteration of Cujas is unnecessary, so there
of Capito, and has given to him by mistake the is no, need for the conjecture of Bertrandus (De
name Cornelius. This suspicion is confirmed, when Jurisp. i. 10. § 9), that the Labeo mentioned in
we find that Cornelius Labeo is nowhere mentioned Dig. 41. tit. 3. s. 30. 1. is Domitius Labeo. In
but in Macrobius, that Labeo, without any ad- Dig. 28. tit. 1. 6. 27, Domitius Labeo is the ques
ditional name, is cited by other writers as having tioner, and it is the jurist who is questioned from
written on exactly similar subjects ; and when we whom we should expect the publication of Epiy.
know that Antistius Labeo the jurist wrote upon tolae.
There is nothing even to prove that Domitius
pontifical law, was given to mythological research, Labeo was a jurist, though he is classed as such by
and was learned in antiquity (literas antiquiores altio- Cotta, Rivallius, Eberlinus and others. It is true
resque penetraverat, Gell. xiii. 10). Servius (ad that one jurist sometimes consulted another, as
Virg. Aen. iii. 168) cites a work of Labeo de Atilicinus consulted Proculus (Dig. 23. tit. 4. s. 17),
Diis Animalibus, and Fulgentius (de Prisco Ser- but epistolae were more frequently addressed to
mone, $ 4. 8. v. Manales) gives a fragment from jurists by non-professional persons. B. Rutilius
the work of Labeo de Disciplinis Hetruscis Tagetis (Vitae Ictorum, c. 60) seems to think that in Dig.
et Bacchetidis. There are several passages relating 35. tit. 1. 8. 39. $ 40, the extract is taken from one
to ancient Roman mythology, cited from Labeo by Labeo, and contains a citation of another Labeo,
St. Augustin (De Civ. Dei, ii. 11 (compare viii. and that Domitius Labeo cites the earlier jurist,
13), ii. 14, iii. 25, ix. 19, xxii. 28).
Antistius Labeo ; but in the extract referred to,
Now we know from the citations of Festus it is Javolenus who cites Antistius Labeo. (Guil.
(s. vv. Proculiunt, Spurcum, Prox, Sistere fana), Grot. de Vit. Ict. ii. 4. & 8; Ménage, Amoen. Jur.
that Antistius Labeo, the jurist, wrote a treatise, c. 20; Alphen, de Jaroleno, c. 4. § 2. )
containing at least 15 books, de Jure Pontificio, It has been supposed by some that the ignorance
and it is not unlikely that the 68th book, cited by of law manifested by Domitius Labeo in his cele
Macrobius (Saturn. iii
. 10), is one of the books of brated letter, is rather an argument that he was
this treatise. Pomponius (Dig. 1. tit. 2. s. 2. § 47) not a jurist, and Celsus has been thought unpolite,
tells us that Antistius Labeo left behind him 400 but not hasty, in charging him with folly. But
volumes. The work De Officio Augurum, men- F. Kämmerer ( Beiträge zur Geschichte und Theorie
tioned by Festus (s. v. Remisso), probably formed a des Römischen Rechts, pp. 208–226) has shown
part of the treatise De Jure Pontificio. It cannot that this question may have a deeper meaning than
be doubted that the Labeo cited by Festus (s. o. is commonly supposed. We find from Ulpian
Popuiaria Sacra, Puilia Saxu), by Pliny (H. N. I (Dig. 28. tit. 1. s. 21. & 2), that in wills whero
6.


## p. 695 (#711) ############################################

LABEO.
695
LABERIUS.
there ought to be testes rogati, one who was acci- LABERIUS DE'CIMUS, a Roman eques, and
dentally present alterius rei causa could not be a a distinguished writer of mimes. He was born
witness. Ulpian qualifies the rule, by saying that about B. c. 107, and died in January 43 (Hieron.
a person, though asked to come for another purpose, in Euseb. Chron. Olymp. 184. 2), at Puteoli, in
might be a witness, if specially informed before the Campania. At Caesar's triumphal games in Oc-
attestation that he was wanted as such. The tober, B. c. 45, P. Syrus, a professional mimus,
question of Domitius Labeo may mean to ask seems to have challenged all his craft to a trial of
whether a person, invited to write the will, and not wit in extemporaneous farce; and Caesar, to whom
specially to witness it, was a good witness, if he Laberius may have been known through his friend
signed without further intimation that his testimony Cn. Matius, himself a mimiannbic poet, offered him
was required.
(J. T. G. ) 500,000 sesterces to appear on the stage. Laberius
LABEO, Q. FA'BIUS, was quaestor urbanus was sixty years old, and the profession of a mimus
in B. c. 196. The augurs and priests had for some was infamous, but the wish of the dictator was
years resisted the payment of the tributum ; but, cquivalent to a command, and he reluctantly com-
after a stout contest, Labeo and his colleague L. plied. Whether, by this somewhat wanton exer-
Aurelius compelled them to yield the point, and cise of power, the usually indulgent Caesar meant
pay up all arrears. (Liv. xxxiii
. 42. ) In B. c. 189 to disgrace Laberius personally, or the equestrian
he was elected praetor, and was appointed by lot order generally, or merely to procure for the spec-
to the command of the fleet. Eager for some op- tators of the games an unusual spectacle, is uncer-
portunity of distinguishing himself, he sailed from tain. Laberius, however, had revenge in his
Ephesus to Crete, where it was reported that a power, and took it. His prologue awakened com-
large number of Roman citizens were in a state of passion, and perhaps indignation : and during the
slavery. None but the Gortynii heeded his demand performance he adroitly availed himself of his
that they should be surrendered ; but from them various characters to point his wit at his oppressor.
he obtained a considerable number (4000 according In the person of a beaten Syrian slave he cried
to Valerius Antias), which afforded him a pretext out, -
for demanding a triumph. He then sent three
Marry! Quirites, but we lose our freedom,
ships to Macedonia, to demand the withdrawment
of the garrisons of Antiochus from Aenus and and all eyes were turned upon the dictator ; and
Maronia. The treaty with Antiochus had just | in another mime he uttered the pregnant maxim
been concluded by Cn. Manlius, and in accordance
with the terms of it Labeo was despatched to
Needs must he fear, who makes all else adread.
Patara, to destroy the ships of the king which Caesar, impartially or vindictively, awarded the
were there. He afterwards got possession of Tel- prize to Syrus, saying to Laberius
missus, and then conducted the fleet back to Italy.
Though I favoured you. , Laberius, Syrus bears
The triumph which he demanded was accorded to
the palm away.
him, notwithstanding the opposition of the tribunes.
(Liv. xxxvii. 47, 50, 60, xxxviii
. 39, 47). In B. c. He returned to him, however, his equestrian ring,
185 he became a candidate for the consulship ; but and permitted him to resume his seat among the
App. Claudius succeeded in getting his brother equites. As Laberius was passing by the senato-
Publius elected in his stead. This was the second rian benches to the equestrian, Cicero called to him,
repulse of the kind which he had received. (Liv. Were we not so crowded here, Laberius, I would
xxxix. 32). In the following year he was appointed make room for you,”-a double allusion to the
one of the triumvirs for planting colonies at Potentia degradation of the histrionic eques and to the num-
and Pisaurum. (Id. 44). In B. C. 183 he was ber of low-born and foreign senators created by
elected consul with M. Claudius Marcellus. Li Caesar. But Laberius parried the hit by replying,
guria was assigned to the consuls as their province. “I marvel, Cicero, you should be crowded, who
(Id. 45. ) He was created pontifex in B. c. 180. (xl. usually sit on two stools," — Cicero being at the
42. ) Cicero (De Off. i. 10) has a story of a trick time unjustly suspected of wavering in his politics.
by which either Labeo, or somebody else, having As Laberius was leaving the stage at the conclu-
been appointed arbitrator between the towns of Nola sion of a mime Syrus said to him,
and Neapolis, respecting some disputed land, obtained
a tract of territory for the Romans. [C. P. M. ]
Whom upon the stage you strove with, from the
benches now applaud.
LA'BEO, POMPOʻNIUS, governor of the pro-
vince of Moesia for eight years, in the reign of In the next mime, Laberius, alluding at once to
Tiberius. The emperor, in a letter to the senate, Syrus' victory, and to Caesar's station, responded
denounced him as guilty of maladministration and in graver tone, —
other offences. Labeo by a voluntary death anti-
cipated the threatened execution. (A. D. 31. ) His
None the first place for ever can retain
wife Paxaea imitated his example. (Tac. Ann. iv.
But, ever as the topmost round you gain,
47, vi. 29 ; Dion Cass. lviii. 24). (C. P. M. ]
Painful your station there and swift your fall.
I fell — the next who wins with equal pain
LA'BEO, TITI'DIUS, a Roman painter, cele-
brated for small panel pictures. He was of prae-
The slippery height, falls too — pride lifts, and
lowers all.
torian rank, and was at one time proconsul of
Gallia Narbonensis, in which office he made him-(Macrob. Sat. ii. 3, 7, vii. 3 ; Cic. ad Fam. vii. 11,
self contemptible. He died at a great age, shortly xi. 18 ; Hor. Sat. i. 10, 6 ; Suet. Caes. 39 ; Sen.
before the time when Pliny the Elder wrote. (Plin.