7*7 



KYD, THOMAS. 



LABORDE, COMTE ALEXANDER 



758 



produce such attractive variety as their pictures offer ? How could it 

 happen that BO many pictures, even of eminent masters, such as J. 

 Both and Pynaker, who represent the rich and varied scenery of Italy, 

 have leas power to touch our feelings than those of Kuyp, Ruysrlaal, 

 and Hobbima ? In elevation of conception, knowledge of aerial per- 

 spective, with the greatest glow and warmth of the serene atmosphere, 

 Kuyp stands unrivalled, and may justly be called the Dutch Claude. 

 In the impasto, the breadth and freedom of execution, he greatly 

 resembles Rembrandt." Though Kuyp is reckoned among the cattle- 

 painters, all kinds of which he represented with equal truth and 

 felicity, he likewise painted landscapes, properly so called, and sea- 

 pieces. He excelled in everything that he attempted ; and yet it is 

 remarkable that he has been comparatively little known abroad. 

 Scarcely anything is known of the circumstances of his life ; even of 

 the year of his death we can find no record : he was living in the early 

 part of 1683. Kuyp's works were so low in value, that a beautiful 

 picture of his, for which Sir Robert Peel paid 350 guineas, was bought 

 at Doom, in Holland, eome years ago, for one shilling; English. He is 

 a great favourite in England, and it ia here that his finest works are 

 found, chiefly in the Royal, National, Bridgewater, Grogvenor, and 

 Dulwich Galleries, in the collections of Sir Robert Peel, Lord Yar- 

 borough, the Duke of Bedford, the Marquis of Bute, &c. 



KYD, THOMAS, was one of those dramatic poets who immediately 

 preceded Shakspere. Three plays of his are extant 1, ' Cornelia, or 

 Pompey the Great, his fair Cornelia's Tragedy,' a translation respect- 

 ably executed, from the French of Garnier, printed in 4 to, 1591, 1595; 



2, ' The First Part of Jeronimo,' 1605, 4to ; 3, ' The Spanish Tragedy, 

 or Hieronymo is Mad again,' of which there are many editions, the 

 oldest known being of 1599, though the play was certainly printed 

 earlier. All the three are in ' Dodsley's Old Plays.' ' The First Part 

 of Jeronimo ' is merely an introduction to the ' Spanish Tragedy.' 

 The former, and probably the latter also, must have been on the stage 

 about the year 1587 or 1588; and they kept their place in 1601 and 

 1602, when Ben Jonson was paid for making large additions to the 

 Second Part, which are in the modern editions, and are quite worthy 

 of his genius. The portions written by Kyd himself are the objects 

 of continual ridicule to Sbakspere and his contemporaries, whose comic 

 characters parody the most extravagant speeches of the mad Hieronymo. 

 Yet the play, even in its Introduction, and still more in the Second 

 Part, possesses great vigour, both of imagination and of passion. It is 

 an irregular and rude work, belonging essentially to the infancy of the 

 drama, in its conception of character as well as in its plan and in its 

 language. But it was by no means unworthy of the great popularity 

 which it enjoyed. It is a tragedy of bloodshed, after the, manner of 

 ' Titus Andronicus,' to which however it is much inferior; and it has 

 been observed by more than one critic, that there are iu it points which 

 may naturally enough be supposed to have suggested thoughts for 

 ' Hamlet.' Kyd has also been supposed to have been the author of 

 the old ' Taming of a Shrew,' 1594, and of the tragedy of ' Solyman 

 and Peraeda,' 1599. For the former supposition there is no ground ; 

 and for the other there is no better reason than the particular mention 

 made of the story of a ' Solymau ' in the ' Spanish Tragedy.' 





T ABEO, QUINTUS ANTISTIUS, a Roman of some distinction as a 

 -* J jurat, was the father of a more distinguished son. He was at the 

 battle of Philip])!, on the side of M. Brutus and Cassias, and after the 

 defeat he killed himself in hU tent, and was buried there. (Appian, 

 'Civil Wars,' iv. 135.) 



Q. ANTISTIUS LAREO, the son, was a pupil of C. Trebathis; hut 

 contrary to the practice of that time, instead of devoting himself exclu- 

 sively to one master, he attended several. Hu lived in the time of 

 Augustus. Labeo was distinguished for his knowledge of Roman law 

 and Koman usages, ami also for the freedom with which he, expressed 

 his opinions to Augustus (Suetonius, ' Octavianus Caesar,' c. 54), to 

 whose measures he set himself in opposition. Some critics suppose 

 that be is alluded to by Horace (1 'Sat.' 3. 82); but th-re ini.-Lt be 

 other persons of the name of Labeo. Ateius Capito, his rival in legal 

 knowledge, was raised to the consulship by Augustus in order that he 

 might have that superiority iu rank which his talents alone could not 

 give him. Labeo never enjoyed any higher honour than the praetor- 

 ship. (Tacitus, ' Annal.' iii. 75.) The character of Labeo is given by 

 Gelliua (xiii. 10) : "Labeo Antistius principally applied biincelf to the 

 study of the civil law, and publicly gave his opinions to those who 

 consulted him. He was also not unacquainted with other liberal 

 pursuit*, and he deeply studied grammar, dialectic, and ancient 

 learning ; he was also well acquaint*'! with the origins and principles 

 of Latin words, and he availed himself of that kind of knowledge espe- 

 cially to clear up most legil difficulties." He was confident in his 

 abilities and acquirements, and bold enough to advance many new 

 opinions. He was a copious writer, and is said to have produced four 

 hundred different treatises, from which there are sixty-three excerpts 

 in the Digest, and he is very often cited by the other jurists. Labeo 

 wrote commentaries on the Twelve Tables, fifteen books at least on 

 Pontifical Law, and fifteen De Disciplinis Etruscis. His works which 

 are mentioned in the Digest are, eight books of neiffard, of which 

 Paulua made an epitome with notes ; and ten books of Posteriora, so 

 called from having been published after bis death, of which Javolenus 

 made an epitome ; but Gellius refers to the fortieth book of Posteriora. 

 He also wrote Libri ad Edictum, Libri Prsetoris Urbani, and thirty 

 Libri Pretoria 1'eregrini. 



A brief notice of C. ATEIUS CAPITO may be appropriately intro- 

 duced here, for he was the rival of Labeo, xnd founded a sect or school 

 which was opposed to that of Labeo. The father of Capito attained 

 the rank of pnetor ; hit grandfather was a centurion who served under 

 L. Cornelius Sulla. Capito was made Consul Suffectus by Augustus 

 A.U.C. 758, and it was during hU term of office that he decided that a 

 patrou could not take his freedwoman to wife againit her consent, a 

 decision perfectly consistent with Roman principles. Capito was a 

 flatterer ; Labeo was an independent man and said what he thought. 

 Instances of Capito'a adulation are recorded by Tacitus ('Annal.' 

 iii. 70) and Suetonius. He died in the time of Tiberius, A. u. 22. 

 (' Annal.' iii. 76.) 



Capito is often cited by other jurists, 1'roculus, Javolenus, Paulus, 

 and oucn by Labeo : they always call him Ateius. Capito's reputation 

 as a lawyer was very gr* at. He wrote on Pontificial Law at least five 

 books, aa appears from Gelliua (iv. 6), and numerous books of Conjee- 

 taoea (Gvllius, xx. 2; xiv. 7). He also wrote a single book De Omcio 

 Seoatorio, from which Gellius gives an extract (iv. 10), and a book 

 D Jure Sacrificiorum (Macrobius, ' Saturn.' iii. 10). Gellius (xiii. 12) 



also quotes a letter of Capito, in which he speaks highly of Labeo's 

 le r 'al knowledge. There are no excerpts from Capito in the Digest. 



From the time of Labeo and Capito we data the formation of two 

 opposed sects or schools of law among the Romans. The nature of 

 this opposition is collected from the words of Pomponius (' Dig.' i. 

 tit 2). Labeo was a man of greater acquirements than Capito and of 

 a bolder temper. He applied to his legal studies the stores of know- 

 ledge that were open to him, and thus was led to many new views. 

 Capita stuck close to what had been transmitted by his predecessors : 

 he was one of those who appealed to authority. So far as concerns 

 general principles, we cauuo condemn the method of either of these 

 great jurists. Each has its merit, but either of them, if carried too 

 far, may be injurious to jurisprudence. He who handles the matters 

 of law in an enlarged and comprehensive manner may improve juris- 

 prudence ; but if he does not well know what the law is, and if he is 

 more eager to change what is established than to maintain its stability, 

 he may destroy the edifice on which he is labouring. He who merely 

 studies the laws of his country as they exist, and is satisfied if he can 

 find authority for anything, however inconsistent with fair dealing 

 and the general interests of society, may be a good lawyer of a kiud, 

 but he is a bad citizen. The Roman jurisconsult! were mainly engaged 

 in writing on law and giving their opinions (responaa) to all persons 

 who consulted them. Their business was not that of the modern 

 advocate, who has to make the best of his client's case. The opposi- 

 tion then between Labeo and Capito, between him whoso method, 

 if judiciously practised, would lead to a progressive improvement of 

 law, and him whose method would stop all such improvement, if 

 strictly adhered to, hardly constitutes a ground of like comparison 

 between lawyers in this country. 



The followers of Labeo were called Proculiani, from Proculus, one 

 of the successors of Labeo. Those who attached themselves to the 

 school of Capito were called Sabiuiani, or sometimes Sehola Cassiana, 

 from Massurius S.ibium aud C. Cassius Longinus. For further remarks 

 on the subject of the two schools the reader may consult Puchta, 

 ' Cursus der Instit.,' L 98. 



LABIENUS. [C.E3AR.] 



LABORDE, COMTE ALEXANDRE-LOUIS-JOSEPH DE, was 

 born on the 17th of September 1773, at Paris. His father, a peasant 

 of liuarn, is stated to have come to Paris in sabots (wooden shoes), 

 and to have accumulated some prop.-rty. Alexandra de Laborde 

 received a good education. His father, foreseeing the dangers of the 

 Revolution, sent him to Vienna, where he became successively sub- 

 lieutenant, captain, ai io-de-cauip, aud commander of a squadron of 

 light horse. His father b came one of the victims of the revolution, 

 and was guillotined in 1794. When war was declared between Francs 

 aud Austria, Alexandre de Laborde continued in the service of Austria, 

 and fought in five, campaigns against his native country. After the 

 treaty of Campo Formio in 1797 he returned to France and devoted 

 hims-lf to study. He travelled in Spain, Italy, aud England. After 

 his return to France he solicited and obtained employment from 

 Napoleon I. in the civil service. In Is03 he was appointed Auditeur 

 to the Conseil d'Etat. In 1809 he became Maltre dea Requetes to the 

 Conseil d'Etat, aud was created a Chevalier of the Legion of Honour. 

 In 1810 he was made President of the commission for the liquidation 

 of the debts of the grand army, and in 1811 Admiuistrateur of the 

 Pont et Chausse'ea for the department of the Seine. la 1814 he was 



