Scae'vola, Q. Cervi'dius
a Roman jurist, appears to have been giving Responsa in the time of Antoninus Pius (Dig. 34
. tit. 1. s. 13.1). Scaevola speaks of constitutions of Verus and Marcus Antoninus, in such terms as imply that they were then living (Dig. 2
. tit. 15. s. 3, 50. tit. 1. s. 24); and he was employed by Marcus as a legal adviser (Jul. Capitol. Marc.
100.11, usus est Scaevola praecipue juris perito
); and Scaevola himself, as quoted by Ulpian, reports a judgment of Marcus in his auditorium (ad Sct. Trebell. Dig. 36
. tit. 1. s. 22). Whether Scaevola survived Marcus is uncertain.
As to the passage in the Digest, 32
. s. 39, in which the expression " Imperator noster Divus Marcus" occurs, see the note in Zimmern (Geschichte des Röm. Privatrechts,
vol. i. p. 360, No. 7).
Septimius Severus, afterwards emperor, and the jurist Papinian, were the hearers of Scaevola (Spartian. Caracalla,
He appears to have been living when Septimius was emperor and Paulus was active as a jurist (Dig. 28
. tit. 2. s. 19); and in one passage (Dig. 44
. tit. 3. s. 14) he speaks of a rule of law being confirmed by a rescript of Severus and Caracalla.
Some of his Responsa are given in a single word. His style is compressed, and hence has been sometimes considered obscure, but he left an illustrious name, which he earned well.
In the Theodosian Code Cervidius Scaevola is called " Prudentissimus omnium Jurisconsultorum." His writings which are excerpted in the Digest were: -- Digestorum Libri quadraginta,
which often contain the same matter that is given more briefly in his Responsorum Libri sex
&c. vol. iv. p. 325, Die Ordnung der Fragmente in aen Paudectentiteln
); Viginti Libri Quaestionum; Libri quatuor Regularum ;
and a Liber singularis Quaestionum publice
(that is judicially) tractarum.
There are 307 excerpts from Scaevola in the Digest. The Florentine Index also mentions a Liber Singularis de Quaestione Familiae.
He made notes on Julianus and Marcellus, which are merely cited in the Digest. The Liber Singularis ὅρων
must be attributed to Q. Mucius Scaevola the pontifex. Claudius Tryphoninus and Paulus made notes on Scaevola.
He is often cited by these and other jurists.
1.100) does not adopt the opinion of Bluhme above referred to, which is in fact the opinion of Conradi.
He observes, that "in the collection of Responsa the facts are stated with the necessary completeness, but the opinions generally in few words and without a statement of the grounds; the Quaestiones were appropriated to the complete examination and justification of the opinions; the Digests also contain Responsa, sometimes with a short notice of the opinion, sometimes, as in the Responsa, with an indication of the reasons."
Grotius (Vitae Jurisconsultorum
) has some remarks on the method of Scaevola. See Cujacius, Cervidii Scaevolae Responsa,
vol. vi. ed. Naples, 1758.