Sabi'nus, Massu'rius
a hearer of Ateius Capito, was a distinguished jurist in the time of Tiberius, and he lived under Nero also, for the passage in Gaius (2.218) must certainly refer to this Sabinus, and not to Caelius.
This is the Sabinus from whom the school of the Sabiniani took its name. [CAPITO.] Massurius was nearly fifty years of age before he was admitted into the Equestris Ordo, and he is said to have been poor enough to require pecuniary assistance from his hearers.
He obtained under Tiberius the Jus Respondendi, which is a proof of his reputation as a jurist; and it is further evidence of this, that the Sabiniani took their name not from Capito, but from his more distinguished pupil.
There is no direct excerpt from Sabinus in the Digest, but he is often cited by other jurists, who commented upon his
Libri tres Juris Civilis. Pomponius wrote at least thirty-six
Libriad Sabinum, Ulpianus at least fifty-one, and Paulus at least forty-seven books.
This fact in itself shows that the work of Massurius must have been considered to be a great authority.
It is conjectured, but it is pure conjecture, that the arrangement was the same as that of the
Libri XVIII. Juris Civilis of Q. Mucius Scaevola.
A passage from Massurius is quoted by Gellius (
10.15), who, in another passage (3.16), quotes a passage of Plinius (
H. N. 7.5), in which Plinius quotes Massurius for a case in which a woman declared that she had gone thirteen months with child. Gellius (
4.1,
2) quotes the second book of Massurius on the
Jus Civile. In another pas sage (5.13) Gellius quotes the third book of the same work.
In the fourteenth book (100.2) he alludes to the same work, under the name of
Commentarii. It is conjectured that Persius means to refer to the same work (
Sat. 5.90),when he says--
"Excepto si quid Masuri rubric vetavit."
On which see the note of Heinrich. Massurius is also mentioned by Arrian (
Epist. 4.3,
Μασσουρίου νόμους). If Athenaeus (i. p. 1c.) means this Massurius, his chronology is in great confusion.
Numerous other works of Massurius are cited by name in the Digest:
Commentarii de indigenis Libri Memoralium, Fasti in two books at least (
Macr. 1.4), at least two books of
Responsa (
Dig. 14. tit. 2. s. 4), apparently a commentary
Ad Edictum (
Dig. 38. tit. 1. s. 18), and
Libri ad Vitellium. The fragments of the
Libri Memorialium and of the
Fasti are collected in Frotscher's Sallust. (Grotius,
Vitae Jurisconsult.; Zimmern,
Geschichta des Röm. Pricatrechts, 1.84; Puchta,
Instit. 1.99, and § 116, on the
Jus Respondendi.)
[
G.L]
