A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

LABEO. LABEO. 693
harm have I done in admitting into the senate one part of the general work on the Praetor's Edict.
whom you allow to be pontiff?" The answer was (Wieling, de Labeonis ad Edict. Libris, 4to. Franeq.
clever, and not unacceptable to the emperor, who 1731.)
wished to be pontiff himself, but could not make Of his works, the Florentine Index mentions
up his mind to go to the length of depriving Le- only IIetOavvc $ltGA a 0Ktcm, and Posteriorurn BgAfac
pidus of that dignity, A proposal was made in E'Ka, and these are the works from which the
the senate, that the senators should guard Augustus greater number of passages from Labeo that occur
by turns, by passing the night in his ante-chamber. in the Digest are taken. The Peitlhanon or ProLabeo, not liking the plan, but not wishing openly babilium are cited sometimes simply (as in Dig. 19.
to oppose it, excused himself by saying," I am a tit. 1. s. 53), and sometimes with the addition a
snorer, and not fit to sleep near the emperor. (Dion Paulo Epitomatorum (as in Dig. 28. tit. 1. s. 2).
Cass. liv. 15; Suet. Aug. 54.) It is doubtful whether any of the remains of Labeo
We have already [CAPITO] fully adverted to given in the Digest, even those which appear to be
the contrast between Labeo and Capito, and have cited from his original writings, were not taken by
given an account of the different legal sects which the compilers from his works as they appeared in
they founded. Tacitus (Ann. iii. 75) calls these the remodelled editions of subsequent commentators.
two great rival jurists of the age of Augustus duo (Von Regius,'Evavrslopavcv, i. 25, in Otto, Thes.
decora pacis. The statement of Pomponius (I. c.), vol. ii. p. 1493; Blume, in Savigny's Zeitsch.rift,
that Labeo refused the consulship, seems to be vol. iv. p. 317, &c.) The Peithanon of Labeo
inconsistent with the statement of Tacitus (I. c.), treated of general rules of law which, though prothst Labeo became popular from the wrong he babilities, were sometimes fallacious; and Paulus,
suffered in not rising above the praetorship. The in his notes, directed attention chiefly to the parfollowing is the most plausible explanation of the ticular cases which formed exceptions to the rule.
apparent inconsistency:-Labeo was of an older (Bynkershoeck, Obs. iii. 16.) Of the Libri Posteand far more distinguished family than Capito, iorm of Labeo, and the Epitome of that work
whose ancestors first came into notice in the time of made by Javolenus, we have already treated under
Sulla, whereas the Antistii are heard of in the the article JAVOLENUS. The Libri (qu. Liber)
earliest period of Roman history, and by reference Epistolarum and Libri Responsorum of Labeo, are
to Eckhel it will be found that there are still many referred to under LABEO, DOMITIUS, while his
subsisting medals of the gens Antestia or Antistia, Comzmentarii de Jure Pontificio and his other theobut none of the gens Atteia. In age, too, it is pro- logical works, are mentioned under LABEO, CORbable that Labeo was senior to Capito. The wrong NELIUS. In ancient times, not only were commenspoken of by Tacitus may, therefore, have consisted taries written upon him by Paulus and Javolenus,
in allowing Labeo to remain praetor at a time when but we read of the Notlae upon Labeo of Proculus
regularly he might have expected the consulship, (Dig. 3. tit. 5. s. 10. ~ 1; Dig. 35. tit. 1. s. 69.
and in promoting Capito, out of the ordinary course, Dig. 17. tit. 2. s. 65. ~ 5), and of a certain Quinover his head. This wrong would not have been tus (Dig. 4. tit. 3. s. 7. ~ 7); and we find from
purged by a subsequent offer on the part of the Dig. 28. tit. 5. s. 17. ~ 5, that his Posteriorunt
emperor to make Labeo consul suffectus. Libri were annotated by Aristo and by Aulus
Perhaps the desire of leisure to pursue his studies (probably Aulus Cascellius). In modern times,
may have been the real cause, or may have contri- according to Maiansius (Ad XXX. Ictoresn Frag.
buted, along with the feeling of having suffered a Comment. vol. i. praef.), Sebastian Ortega comslight, as a cause of Labeo's refusal to accept poli- mented specially on his remains; but such a work
tical power, offered in such a way, and at such a (like the works of many other Spanish jurists) is
time, that it possessed little value. He devoted unknown to the legal bibliographers. (Bach. Hist.
himself to reading and literature, and the study of Jur. Rom. iii. 1. ~ 10; Zimmern. R. R. G. vol. i.
his profession. Half of every year he spent at ~ 82, 83; Chr. Thomasius, Comnparatio Antis!ii
Rome in giving instruction to his pupils, and an- Labeonis et Ateii Capitonis, 4to. Lips. 1683; Chr.
swering in public the questions of those who con- Thomasius, Comparatio Labeonis et Trebatii, 4to.
sulted him on legal points; and six months he Lips. 1684; Corn. van Eck, De Vita, Moribus et
passed in the country in writing books. Of these Studiis Mk. Antistii Labeonis et C. Ateii Capitonis,
he left no fewer than four hundred behind him, a 8vo. Franeq. 1692, reprinted in Oelrich's Thesaurus
number at which we'need not be surprised, when Nrovus Dissertationum Juridicarum, vol. ii. tom. 2,
we consider how small in general were the ancient p. 821-856; A. N. Moller, Selecta Quaedam, 4to.
libri and volumina. His works were more in re- Traj. ad Rhen. 1763, reprinted in Oelrich's Ties.
quest in subsequent ages than those of most of the Nov. Dis. Jur. vol. ii. tom. 2, pp. 107-154; Neuveteres. By Gaius he is cited several times, and ber, Die juristiscke Klassiker, pp. 77-92, and pp.
bhis name appears more than once in the Institutes. 209-216; P. Ph. Wolffhardt, De Posterioribtus
The extracts from Labeo in the Digest occupy about Labeonis, 4to. Rentel. 1751; Chr. Glob. Biener,
twelve pages in Hommel's Palingenesia Pandecta- Antistius Labeo, Juris Civilis ATovator, 4to. Lips.:um.'They are sixty-one in number, but the name 1786, reprinted (vol. i.. No. 9) in Chr. Glob.
of Labeo occurs in other passages of the Digest no Biener's Opuscula Academica, 2 vols. 4to. Lips.
fewer than five hundred and forty-one times. He 1830; Oteyza et Olano, Paraliponzenon et Elecwrote 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, ATE'IUS, a contemporary of Pliny,
least four books (Gell. xiii. 10; Dig. 11. tit. 4. s. who mentions his fancy for small pictures (H. i.
1. ~ 5). Ulpian cites Labeo libro primo praetolis xxxv. 4). Bertrandus (de Juri.p. i. 7. ~ 4) would
urbani (Dig. 50. tit. 16. s. 19), and refers to his read Antistius for Ateius, and, unmindful of chrothirtieth book praetoris peregrini (Dig. 4. tit. 3. s. 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
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