according
to Eusebius, were undertaken about A.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - b
The Epitome was next printed at the end of
Epitome was perhaps at first regarded as the au- the Authenticum, apud Sennetonios fratres, Lugd.
thentic work, containing the latest legislation of 1550. In this edition the Epitome, as in many
Justinian. Zachariae, indeed, states (Anecdota, p. manuscripts, is divided into two parts or books,
202, citing Pertz, Monumenta, vol. iii. ), that Ju- and, through a misunderstanding of a manuscript
lianus is quoted as the author of it in the Capitula inscription, the authorship of the work is attributed
Ingelheimensia as early as A. D. 826, and Julianus, to an anonymous citizen of Constance.
apostate! and monk, is named by Huguccio in the 3. An independent edition of the Epitome is in-
twelfth century (in an unpublished Summa Decre- serted in the very rare edition of the Volumen,
torum) as the author of the Novello; but the apud Ludovicum Pesnot, 8vo. Lugd. 1558.
greater number of the glossators, though they dili- 4. Next comes the edition of Lud. Miraeus (Le
gently studied the Epitome (Ritter, ad Heineccii Mire, whose name appears in the preface), fol.
Hist. Jur. Civ. vol. i. $ 403), appear to have known | Lugduni
. 1561. In this edition Julianus is named
nothing of Julianus. After the Latin translation as the author, “ Imp. Justiniani Constitutiones, inter
of 134 Novells was found, it seems at first to bave prete Juliano. ” There is a reprint, with a prefaco
shared the name of Novella with the work of Ju-l by Goltzius, 4to. Brugis, 1565.
## p. 652 (#668) ############################################
652
JULIANUS.
JULIANUS.
å
5. The edition of Ant. Augustinus, 8ro. Ilerdae, / and belonged to the sect of the Methodici, and was
1567, at the end of Augustini Constitutionum Grae- said to have composed forty-eight books against the
carum Codicis Collectio. This edition is reprinted, Aphorisms ” of Hippocrates (Adv. Julian. I. c. ).
with additions, in Augustini Opera, vol. ii. pp. 255 The second of these was directed against the second
-406, fol. Lucae, 1766.
Aphorism of the first section, and is confuted in a
6. Imp. Justiniani Novellae Constitutiones, per short essay written by Galen with excessive and
Julianum, antecessorem Constantinopolitanum, de unjustifiable rudeness and asperity. None of his
Graeco translatae. Ex Bibliotheca Petri Pithoei, writings (which were numerous) are still extant.
fol. Basil. 1576.
From Galen's mentioning that it was more than
7. Petri et Francisci Pithoci Ictorum Olservati- twenty
years since he had met Julianus at Alex-
ones ad Codicem et Novellas Justiniani Imperatoris andria (De Meth. Med. p. 53), and that he was
per Julianum translutus, curu Francisci Desmarés, then still alive, it will appear that Julianus was
fol. Paris, 1689.
living as late as about the year 180 after
The last-mentioned editions, 6 and 7, are the Christ. (See Littré's Hippocrates, vol. i. Pp.
best known and the most complete. They contain 103, 114. )
(W. A. G. )
two short works, called the Dictalum pro Consili- JULIÁNUS, SAʼLVIUS, an eminent Roman
uriis and the Collectio de Tuloribus. These had jurist, who flourished under Hadrian and the An-
been previously printed in Pithou's first edition of tonines of his private history little is known, and
the Collatio Legum Mosaicarum et Romanarum different opinions have been held as to the place of
(entitled Frugmenta quaedam Papiniuni, &c. 4to. his birth. Many of his biographers (as Rivallius,
Paris, 1573). In several manuscripts they are Val. Forsterus, Pancirolus, Rutilius, Bertrandus,
attributed to Julianus ; but Biener, in his Historia Guil. Grotius) make him a native of Milan (Insu-
Authenticarum Codici Insertarum, 4to. Lips. 1807, ber Mediolanensis), while the majority of more
has adduced strong arguments to show that Juli. modern writers say that he was born at Hadrume
anus was not the author of them. Their Latinity tum, a Phoenician colony on the coast of Africa
is far less pure than that of the Epitome. It is not These opposite opinions are both grounded on a
unlikely, however, that these works, as well as the passage of Spartianus (Did. Julian. c. 1), where
ancient scholia upon the Epitome of Julianus, were it is asserted that the paternal grandfather of
written in Grecian Italy during the lifetime of the emperor who ascended the throne after Per-
Justinian, who in the Dictatum is twice styled tinax came from Mediolanum, and the maternal
princeps noster, and in the scholia (ed. Miraei, p. grandfather from Hadrumetum. It is well ascer-
177) imperator noster. (Savigny, Geschichte, &c. , tained that Salvius Julianus the jurist was a ma-
vol. ii
. pp. 195–197 ; Biener, in Savigny's Zeit- ternal ancestor of the emperor Didius Julianus, and
schrift, vol. v. pp. 338–357. )
it is probable that, according to the express tes-
A German translation of the Epitome, by D. timony of Spartianus (l. c. ), the jurist was the
Justin Gobler, was published anonymously, fol. great-grandfather (proavus) of the emperor, not, as
Frank. 1566.
Politianus aseerts (Epist. ad Jac. Modestum), the
Zachariae (Anecdota, p. 202, &c. ) endeavours to uncle, nor, as Paulus Diaconus (Hist. Misc. x. 20)
identify Julianus with the author of a much shorter would make him, the grandfather. Eutropius (viii.
Greek Epitome of the Novells, who is cited in the 9) hesitates. “Salvius Julianus," says he, “nepos
sources of Graeco-Roman law as Anonymus. Anu- vel, secundum Lampridium, pronepos Salvii Juliani,
nymus, like Julianus, seems to have been a pro- qui sub Hadriano perpetuum composuit edictum. ”
fessor at Constantinople. Anonymus cites the Zimmern (R. R. G. vol. i. § 91) agrees with
Novells of Justinian in an order which does not Paulus Diaconus. Many mistakes have been com-
very considerably differ from that of Julianus. mitted, from the confusion of the jurist with others
Anonymus seems to have been skilled in Latin as of the same name and family. For example, Au-
well as Greek, and was perhaps the author of an relius Victor, if his text be not interpolated (De
ancient Latin version of the Greek fragments of Caes. 19), confounds the jurist with the emperor,
Modestinus which occur in the Digest. Further, who, like his ancestor, was distinguished on account
there is strong reason to identify the anonymous of his legal acquirements. And this mistake of
with Enantiophanes ; and Enantiophanes, like Aurelius Victor misled the celebrated Hugo Gro-
Julianus, was a disciple of Stephanus. (Enantio- tius (Florum Sparsio, p. 78, ed. Amst. 1643). It
PHANES. ) When Italy, after the invasion of the is therefore historically important to establish cor-
Lombards in A. D. 568, was rent from the Roman rectly the genealogy of the family.
empire, Julianus may have turned to writing in This investigation was undertaken by Casaubon
Greek. Mortreueil (Histoire de Droit Byzantin, (ad Spartiani Did. Julian. 1, in Historiae Augustae
vol. i. pp. 293—300), who agrees with Zachariae Scriptores), and was subsequently pursued, with
in these conjectures, thinks that Julianus was pro- the aid of two inscriptions, by Reinesius (Var.
bably not an authorised expositor of the law, and Lect. iii. 2, p. 344 ; Gruter. Insc. p. xviii. 2, 10,
that none but jurists specially authorised could, p. 459), who was followed by Christ. ad. Ruperti
without a breach of rule, be cited by name. The (Animad. in Enchirid. Pomponiż, p. 473, inserted
conjecture that Julianus and Anonymus were iden- in the useful collection of Uhlus, entitled Opuscula
tical is controverted by G. E. Heimbach, in Rich- ad Historiam Juris pertinentia, p. 215). The
ter's Kritische Jahrbücher for 1839, p. 970. labours of former inquirers were reviewed by
(Winckler, Opuscula, vol. i. p. 418; Biener, Heineccius, whose elaborate researches have ex-
Geschichte der Norellen, pp. 70–84. ) [J. T. G. ] plored every source of information concering the
JULIANUS ('lovalavós), a PHYSICIAN of Alex- jurist Julianus. We subjoin tables of the gene-
andria, a contemporary of Galen, in the second cen- alogy of the family, so far as may be useful to
tury after Christ. (Gal
. Adv. Julian. c. l. vol. illustrate the relationships of persons with whom
xviii
. pt. i. p. 248. ) He was a pupil of Apollonius the jurist bas been confounded. These tables are
of Cyprus (Gal
. De Meth. Med. i. 7, vol. X. p. 54), constructed according to the view which, upon
ܪ
.
## p. 653 (#669) ############################################
JULIANUS.
653
JULIANUS.
comparison of authorities, appears to us by far the Julianus was born about the year A. D. 100,
most probable :-
after Trajan had become emperor. This is inferred
from the date of his laboun on the Edict, which.
(A) Paternal line of the Emperor Didius Julianus.
according to Eusebius, were undertaken about A. D.
Didius Severus,
132, when he was probably praetor. At this pe-
Insuber Me
riod the leges annalos were strictly observed, and
diolanensis.
the regular age for the praetorship was about thirty.
(Plin. Ep. vii. 30 ; Dion Cass. lii. p. 479. ) He
Didius Severus.
is the first jurist named in the Florentine Index to
the Digest, though there are fragments in that work
Petronius Didius Severus,
from nine jurists of earlier date, and, though he
married Aemilia Clara,
was not the last of the Sabinians, he is the last
grand-daughter of the
jurist named by his contemporary Pomponius in
jurist Julianus. (See
the fragment De Origine Juris (Dig. 1. tit. 2. . 2).
(B)].
That he flourished under Antoninus Pius, and sur-
vived that emperor, may be collected from several
passages in the Digest. (Dig. 4. tit. 2. s. 18; Dig.
M. Didius Salvius Didius Proculus. 3. tit. 5. 8. 6. ) In Dig. 37. tit. 14. 8. 17, the Divi
Julianus Severus
1
Fratres, Antoninus Marcus and Lucius Verus, call
Augustus, emperor,
A son,' to whom him their friend, a designation ordinarily given by
married Manlia
Didia Clara was the emperors to living members of their councii.
Scantilla.
betrothed. By many it has been supposed that he lived to a
1
great age, from a misunderstanding of Dig. 40. tit.
Didia Clara Augusta,
5. 6. 19. In that passage, the person who speaks
destined for her
of having attained his 78th year, and of being de
cousin, the son of
sirous to gain information, though he had one foot
Didius Proculus,
in the grave, is not Julianus, but the client who
but married to Cor-
seeks his opinion.
nelius Repentinus.
In Dig. 40. tit. 2. 6. 5, he speaks of Javolenus
as his praeceptor. It was usual to manumit slaves
(B) Maternal line of the Emperor Dulius Julianus. before praetors and consuls, when they held their
Salvius Julianus, the jurist,
levees. Whether the magistrate could manumit his
Hadrumetinus, Afer.
own slaves at his own levee was doubted. Julianus
says that he remembered Javolenus having done so
M. Salvius Julianus, by Dion
in Africa and Syria, that he followed bis praeceptor's
Cassius wrongly named Ser-
example in his own praetorship and consulship, and
vius, consul A. D. 175, put to
recommended other praetors who consulted him to
death by Commodus about
act in the same manner. It thus appears that he
A. D. 188, by many bio-
was consul, and Spartianus says that he was prae-
graphers confounded with
fectus urbi, and twice consul, but his name does not
the jurist.
appear in the Fasti among the consules ordinarii.
1
He was in Egypt when Serapias, the Alexandrian
woman who produced five children at a birth, was.
Aemilia Clara, married Salvius Julianus, uncle
in Rome. (Dig. 46. tit. 3. s. 46. ) Pancirolus and
Petronius Didius of the emperor, be-
others, from supposing the jurist to be referred to
Severus, father of
trothed to the daugh. 12)
which probably relate to other Salvii, have
in passages of the Digest (e. g. Dig. 48. tit. 3. s.
the emperor. [See
of the jurist conferred upon him various provincial governments.
(A)].
Taruntenus Paternus, The time of his death is uncertain, but it appears
has been sometimes that he was buried in the Via Lavicana, for Spar-
confounded with the
tianus (Julian. c. ult. ) says that the body of the
jurist Julianus.
emperor was deposited in the monument of his
proavus.
It appears from Spartianus, that the emperor had It was under Hadrian that he chiefly signalised
a brother, Numius Albinus, and from an inscription himself. That emperor was accustomed, when he
in Gruter (Inscr. p. 459, 2), it has been thought presided at trials, to have the advice and assistance
that Numius Albinus was the son of a Vibia Salvia not only of his friends and officers of state, but of
Varia Hence Reinesius conjectures that the Vi- jurists approved by the senate. Among the most
bia of the inscription and the Aemilia Clara of eminent of this legal council were Juventius Celsus,
Spartianus are the same person, while Heineccius Salvius Julianus, and Neratius Priscus. (Spart.
supposes that Numius Albinus was called the bro. Hadr. ) By the order of Hadrian, he collected
ther of the emperor, though he had neither the and arranged the clauses which the praetors were
same father nor the same mother, as being the son accustomed to insert in their annual edich, and ap-
by a former husband of a former wife of the em- pears to have condensed his materials, and to have
peror's father. According to Heineccius, one Nu- omitted antiquated provisions. The exact nature
mius and Vibia were the parents of Numius Albi- and extent of this reformation of the Edict is one
nus ; then, after the death of Numius the father, of the most obscure and disputed questions in the
Petronius Didius and Vibia were the parents of history of the Roman law. Some legal historians
Didius Proculus ; then, after the death of Vibia, look upon it as a most important change, and sup-
Petronius Didius and Aemilia Clara were the pa pose that the power of departing from the Edict by
repts of the emperor.
additions or modified clauses was now taken away
ter
## p. 654 (#670) ############################################
654
JULIANUS.
JULIANUS.
from the magistrates. Other writers, especially sertim perpetuo, Kilon. 1830 ; Hugo, R. R. G. p.
Hugo, seem disposed to reduce the dimensions of | 795; Puchta, Institutionen, vol. i. $ 114. )
the change within the narrowest compass. The In the Roman law there was a form of proceed-
direct testimony of ancient writers upon this sub-ing, called the Interdictum Salvianum, by which a
ject is scanty. In Const. Aébwkev, § 18, and landlord might obtain possession of goods of his
Const. Tanta, $ 18, is contained the most detailed tenant, which had been pledged as a security for
information we possess. From these parallel pas- the payment of the rent. (Gaius, iv. 147. ) Cujas
Bages, it appears that in the body of the reformed suspected that Julianus the jurist was the author
Edict, and in the decree of the senate which ac- of the Interdictum Salvianum, and in this conjec-
companied it, there was an enactment, that any ture was followed by Menage (Amoen. Jur. c. 24),
case not provided for might be ruled cy près by but, as Bynkershoeck has shown (Observ. Jur.
the emperor and his magistrates. In Const. Tuntă, Rom. i. 24), the Interdictum Salvianum is probably
§ 18, Julianus is styled by Justinian Tegum et of much earlier date than the reign of Hadrian. It
Edicti perpetui subtilissiinus Conditor, whence it is commented upon by Julianus as an established
may perhaps be inferred that Julianus not only form of proceeding, which had been extended by
arranged the Edick, but collected the Constitutions equitable construction to cases not originally con-
of emperors, which are often designated by the word templated (interdictum utile), and he does not use
Leges. He introduced a new clause of his own a single expression to render it likely that he him-
into the Edict (Dig. 37. tit. 8. B. 3). Pacanius, a self introduced or invented it. (Dig. 43. tit. 33.
contemporary of Justinian, in his Metaphrasis of s. 1. )
Eutropius (viii. 9, Paennius, H. 15), bays that the Pomponius enumerates Aburnus Valens, Tuscia-
new Edict was called the Edict of Hadrian, or, in nus, and Julianus, as the successors of Jarolenus in
Latin, the Edictum Perpetuum. The Edictum of the leadership of the Sabinian school of jurists. The
Hadrian, mentioned in Cod. x. tit. 39. s. 7, was addiction of Julianus to the tenets of his school is
probably a special proclamation of that emperor, clear, from many passages in his remains, but he was
distinct from the Edict we are treating of. The not an undeviating adherent. Thus, in Dig. 43. tit.
name perpetuum edictum was given in early times 24. s. 11. § 12, he differs from Cassius ; and in
to the praetor's annual edicts, intended as the rule Dig. 40. tit. 4. s. 57, Gaius observes that his opi-
of ordinary practice, as distinguished from special nion is inconsistent with the principles of Cassius
proclamations—to “id quod jurisdictionis perpetuae and Sabinus.
causa, non quod prout res incidit, in albo proposi- He was a voluminous legal writer, and a rery
tum erat” (Dig. 2. tit. 1. s. 7); but, after the re able reasoner upon legal subjects. His style is
form of Hadrian, the epithet perpetuum seems to easy and clear, and, though it has often been said
have acquired new force. Though all the great that his language abounds in Graecisms, not one
principles of the Jus Honorarium were settled has been pointed out, except the use of the word
before the end of the republic, though the Edict manifestus, in such an expression as “ Manifestus
had long assumed an approach to permanence, not est dotem relegasse,” (Dig. 33. tit. 4. 5. 3. ) His
only in matter but in form (for the earlier writers opinion was bighly valued by contemporary and
upon the Edict appear to follow the same order succeeding jurists, who constantly cite him with
with those who wrote after Hadrian), the new approbation, and some of whom appear to have
edictum perpetuum was manifestly endowed with consulted him personally on difficult questions.
an additional authority, which, if it did not pre. (lat. Frag. 77, Dig. 37. tit. 5. s. 6, Dig. 30. tit. 1.
clude the future exercise of the jus edicendi in s. 39. ) He is one of those foremost jurists whose
magistrates, must have practically restricted it to names are mentioned by way of example in the
cases not provided for in the compilation of Juli- citation-law of Valentinian 111.
Epitome was perhaps at first regarded as the au- the Authenticum, apud Sennetonios fratres, Lugd.
thentic work, containing the latest legislation of 1550. In this edition the Epitome, as in many
Justinian. Zachariae, indeed, states (Anecdota, p. manuscripts, is divided into two parts or books,
202, citing Pertz, Monumenta, vol. iii. ), that Ju- and, through a misunderstanding of a manuscript
lianus is quoted as the author of it in the Capitula inscription, the authorship of the work is attributed
Ingelheimensia as early as A. D. 826, and Julianus, to an anonymous citizen of Constance.
apostate! and monk, is named by Huguccio in the 3. An independent edition of the Epitome is in-
twelfth century (in an unpublished Summa Decre- serted in the very rare edition of the Volumen,
torum) as the author of the Novello; but the apud Ludovicum Pesnot, 8vo. Lugd. 1558.
greater number of the glossators, though they dili- 4. Next comes the edition of Lud. Miraeus (Le
gently studied the Epitome (Ritter, ad Heineccii Mire, whose name appears in the preface), fol.
Hist. Jur. Civ. vol. i. $ 403), appear to have known | Lugduni
. 1561. In this edition Julianus is named
nothing of Julianus. After the Latin translation as the author, “ Imp. Justiniani Constitutiones, inter
of 134 Novells was found, it seems at first to bave prete Juliano. ” There is a reprint, with a prefaco
shared the name of Novella with the work of Ju-l by Goltzius, 4to. Brugis, 1565.
## p. 652 (#668) ############################################
652
JULIANUS.
JULIANUS.
å
5. The edition of Ant. Augustinus, 8ro. Ilerdae, / and belonged to the sect of the Methodici, and was
1567, at the end of Augustini Constitutionum Grae- said to have composed forty-eight books against the
carum Codicis Collectio. This edition is reprinted, Aphorisms ” of Hippocrates (Adv. Julian. I. c. ).
with additions, in Augustini Opera, vol. ii. pp. 255 The second of these was directed against the second
-406, fol. Lucae, 1766.
Aphorism of the first section, and is confuted in a
6. Imp. Justiniani Novellae Constitutiones, per short essay written by Galen with excessive and
Julianum, antecessorem Constantinopolitanum, de unjustifiable rudeness and asperity. None of his
Graeco translatae. Ex Bibliotheca Petri Pithoei, writings (which were numerous) are still extant.
fol. Basil. 1576.
From Galen's mentioning that it was more than
7. Petri et Francisci Pithoci Ictorum Olservati- twenty
years since he had met Julianus at Alex-
ones ad Codicem et Novellas Justiniani Imperatoris andria (De Meth. Med. p. 53), and that he was
per Julianum translutus, curu Francisci Desmarés, then still alive, it will appear that Julianus was
fol. Paris, 1689.
living as late as about the year 180 after
The last-mentioned editions, 6 and 7, are the Christ. (See Littré's Hippocrates, vol. i. Pp.
best known and the most complete. They contain 103, 114. )
(W. A. G. )
two short works, called the Dictalum pro Consili- JULIÁNUS, SAʼLVIUS, an eminent Roman
uriis and the Collectio de Tuloribus. These had jurist, who flourished under Hadrian and the An-
been previously printed in Pithou's first edition of tonines of his private history little is known, and
the Collatio Legum Mosaicarum et Romanarum different opinions have been held as to the place of
(entitled Frugmenta quaedam Papiniuni, &c. 4to. his birth. Many of his biographers (as Rivallius,
Paris, 1573). In several manuscripts they are Val. Forsterus, Pancirolus, Rutilius, Bertrandus,
attributed to Julianus ; but Biener, in his Historia Guil. Grotius) make him a native of Milan (Insu-
Authenticarum Codici Insertarum, 4to. Lips. 1807, ber Mediolanensis), while the majority of more
has adduced strong arguments to show that Juli. modern writers say that he was born at Hadrume
anus was not the author of them. Their Latinity tum, a Phoenician colony on the coast of Africa
is far less pure than that of the Epitome. It is not These opposite opinions are both grounded on a
unlikely, however, that these works, as well as the passage of Spartianus (Did. Julian. c. 1), where
ancient scholia upon the Epitome of Julianus, were it is asserted that the paternal grandfather of
written in Grecian Italy during the lifetime of the emperor who ascended the throne after Per-
Justinian, who in the Dictatum is twice styled tinax came from Mediolanum, and the maternal
princeps noster, and in the scholia (ed. Miraei, p. grandfather from Hadrumetum. It is well ascer-
177) imperator noster. (Savigny, Geschichte, &c. , tained that Salvius Julianus the jurist was a ma-
vol. ii
. pp. 195–197 ; Biener, in Savigny's Zeit- ternal ancestor of the emperor Didius Julianus, and
schrift, vol. v. pp. 338–357. )
it is probable that, according to the express tes-
A German translation of the Epitome, by D. timony of Spartianus (l. c. ), the jurist was the
Justin Gobler, was published anonymously, fol. great-grandfather (proavus) of the emperor, not, as
Frank. 1566.
Politianus aseerts (Epist. ad Jac. Modestum), the
Zachariae (Anecdota, p. 202, &c. ) endeavours to uncle, nor, as Paulus Diaconus (Hist. Misc. x. 20)
identify Julianus with the author of a much shorter would make him, the grandfather. Eutropius (viii.
Greek Epitome of the Novells, who is cited in the 9) hesitates. “Salvius Julianus," says he, “nepos
sources of Graeco-Roman law as Anonymus. Anu- vel, secundum Lampridium, pronepos Salvii Juliani,
nymus, like Julianus, seems to have been a pro- qui sub Hadriano perpetuum composuit edictum. ”
fessor at Constantinople. Anonymus cites the Zimmern (R. R. G. vol. i. § 91) agrees with
Novells of Justinian in an order which does not Paulus Diaconus. Many mistakes have been com-
very considerably differ from that of Julianus. mitted, from the confusion of the jurist with others
Anonymus seems to have been skilled in Latin as of the same name and family. For example, Au-
well as Greek, and was perhaps the author of an relius Victor, if his text be not interpolated (De
ancient Latin version of the Greek fragments of Caes. 19), confounds the jurist with the emperor,
Modestinus which occur in the Digest. Further, who, like his ancestor, was distinguished on account
there is strong reason to identify the anonymous of his legal acquirements. And this mistake of
with Enantiophanes ; and Enantiophanes, like Aurelius Victor misled the celebrated Hugo Gro-
Julianus, was a disciple of Stephanus. (Enantio- tius (Florum Sparsio, p. 78, ed. Amst. 1643). It
PHANES. ) When Italy, after the invasion of the is therefore historically important to establish cor-
Lombards in A. D. 568, was rent from the Roman rectly the genealogy of the family.
empire, Julianus may have turned to writing in This investigation was undertaken by Casaubon
Greek. Mortreueil (Histoire de Droit Byzantin, (ad Spartiani Did. Julian. 1, in Historiae Augustae
vol. i. pp. 293—300), who agrees with Zachariae Scriptores), and was subsequently pursued, with
in these conjectures, thinks that Julianus was pro- the aid of two inscriptions, by Reinesius (Var.
bably not an authorised expositor of the law, and Lect. iii. 2, p. 344 ; Gruter. Insc. p. xviii. 2, 10,
that none but jurists specially authorised could, p. 459), who was followed by Christ. ad. Ruperti
without a breach of rule, be cited by name. The (Animad. in Enchirid. Pomponiż, p. 473, inserted
conjecture that Julianus and Anonymus were iden- in the useful collection of Uhlus, entitled Opuscula
tical is controverted by G. E. Heimbach, in Rich- ad Historiam Juris pertinentia, p. 215). The
ter's Kritische Jahrbücher for 1839, p. 970. labours of former inquirers were reviewed by
(Winckler, Opuscula, vol. i. p. 418; Biener, Heineccius, whose elaborate researches have ex-
Geschichte der Norellen, pp. 70–84. ) [J. T. G. ] plored every source of information concering the
JULIANUS ('lovalavós), a PHYSICIAN of Alex- jurist Julianus. We subjoin tables of the gene-
andria, a contemporary of Galen, in the second cen- alogy of the family, so far as may be useful to
tury after Christ. (Gal
. Adv. Julian. c. l. vol. illustrate the relationships of persons with whom
xviii
. pt. i. p. 248. ) He was a pupil of Apollonius the jurist bas been confounded. These tables are
of Cyprus (Gal
. De Meth. Med. i. 7, vol. X. p. 54), constructed according to the view which, upon
ܪ
.
## p. 653 (#669) ############################################
JULIANUS.
653
JULIANUS.
comparison of authorities, appears to us by far the Julianus was born about the year A. D. 100,
most probable :-
after Trajan had become emperor. This is inferred
from the date of his laboun on the Edict, which.
(A) Paternal line of the Emperor Didius Julianus.
according to Eusebius, were undertaken about A. D.
Didius Severus,
132, when he was probably praetor. At this pe-
Insuber Me
riod the leges annalos were strictly observed, and
diolanensis.
the regular age for the praetorship was about thirty.
(Plin. Ep. vii. 30 ; Dion Cass. lii. p. 479. ) He
Didius Severus.
is the first jurist named in the Florentine Index to
the Digest, though there are fragments in that work
Petronius Didius Severus,
from nine jurists of earlier date, and, though he
married Aemilia Clara,
was not the last of the Sabinians, he is the last
grand-daughter of the
jurist named by his contemporary Pomponius in
jurist Julianus. (See
the fragment De Origine Juris (Dig. 1. tit. 2. . 2).
(B)].
That he flourished under Antoninus Pius, and sur-
vived that emperor, may be collected from several
passages in the Digest. (Dig. 4. tit. 2. s. 18; Dig.
M. Didius Salvius Didius Proculus. 3. tit. 5. 8. 6. ) In Dig. 37. tit. 14. 8. 17, the Divi
Julianus Severus
1
Fratres, Antoninus Marcus and Lucius Verus, call
Augustus, emperor,
A son,' to whom him their friend, a designation ordinarily given by
married Manlia
Didia Clara was the emperors to living members of their councii.
Scantilla.
betrothed. By many it has been supposed that he lived to a
1
great age, from a misunderstanding of Dig. 40. tit.
Didia Clara Augusta,
5. 6. 19. In that passage, the person who speaks
destined for her
of having attained his 78th year, and of being de
cousin, the son of
sirous to gain information, though he had one foot
Didius Proculus,
in the grave, is not Julianus, but the client who
but married to Cor-
seeks his opinion.
nelius Repentinus.
In Dig. 40. tit. 2. 6. 5, he speaks of Javolenus
as his praeceptor. It was usual to manumit slaves
(B) Maternal line of the Emperor Dulius Julianus. before praetors and consuls, when they held their
Salvius Julianus, the jurist,
levees. Whether the magistrate could manumit his
Hadrumetinus, Afer.
own slaves at his own levee was doubted. Julianus
says that he remembered Javolenus having done so
M. Salvius Julianus, by Dion
in Africa and Syria, that he followed bis praeceptor's
Cassius wrongly named Ser-
example in his own praetorship and consulship, and
vius, consul A. D. 175, put to
recommended other praetors who consulted him to
death by Commodus about
act in the same manner. It thus appears that he
A. D. 188, by many bio-
was consul, and Spartianus says that he was prae-
graphers confounded with
fectus urbi, and twice consul, but his name does not
the jurist.
appear in the Fasti among the consules ordinarii.
1
He was in Egypt when Serapias, the Alexandrian
woman who produced five children at a birth, was.
Aemilia Clara, married Salvius Julianus, uncle
in Rome. (Dig. 46. tit. 3. s. 46. ) Pancirolus and
Petronius Didius of the emperor, be-
others, from supposing the jurist to be referred to
Severus, father of
trothed to the daugh. 12)
which probably relate to other Salvii, have
in passages of the Digest (e. g. Dig. 48. tit. 3. s.
the emperor. [See
of the jurist conferred upon him various provincial governments.
(A)].
Taruntenus Paternus, The time of his death is uncertain, but it appears
has been sometimes that he was buried in the Via Lavicana, for Spar-
confounded with the
tianus (Julian. c. ult. ) says that the body of the
jurist Julianus.
emperor was deposited in the monument of his
proavus.
It appears from Spartianus, that the emperor had It was under Hadrian that he chiefly signalised
a brother, Numius Albinus, and from an inscription himself. That emperor was accustomed, when he
in Gruter (Inscr. p. 459, 2), it has been thought presided at trials, to have the advice and assistance
that Numius Albinus was the son of a Vibia Salvia not only of his friends and officers of state, but of
Varia Hence Reinesius conjectures that the Vi- jurists approved by the senate. Among the most
bia of the inscription and the Aemilia Clara of eminent of this legal council were Juventius Celsus,
Spartianus are the same person, while Heineccius Salvius Julianus, and Neratius Priscus. (Spart.
supposes that Numius Albinus was called the bro. Hadr. ) By the order of Hadrian, he collected
ther of the emperor, though he had neither the and arranged the clauses which the praetors were
same father nor the same mother, as being the son accustomed to insert in their annual edich, and ap-
by a former husband of a former wife of the em- pears to have condensed his materials, and to have
peror's father. According to Heineccius, one Nu- omitted antiquated provisions. The exact nature
mius and Vibia were the parents of Numius Albi- and extent of this reformation of the Edict is one
nus ; then, after the death of Numius the father, of the most obscure and disputed questions in the
Petronius Didius and Vibia were the parents of history of the Roman law. Some legal historians
Didius Proculus ; then, after the death of Vibia, look upon it as a most important change, and sup-
Petronius Didius and Aemilia Clara were the pa pose that the power of departing from the Edict by
repts of the emperor.
additions or modified clauses was now taken away
ter
## p. 654 (#670) ############################################
654
JULIANUS.
JULIANUS.
from the magistrates. Other writers, especially sertim perpetuo, Kilon. 1830 ; Hugo, R. R. G. p.
Hugo, seem disposed to reduce the dimensions of | 795; Puchta, Institutionen, vol. i. $ 114. )
the change within the narrowest compass. The In the Roman law there was a form of proceed-
direct testimony of ancient writers upon this sub-ing, called the Interdictum Salvianum, by which a
ject is scanty. In Const. Aébwkev, § 18, and landlord might obtain possession of goods of his
Const. Tanta, $ 18, is contained the most detailed tenant, which had been pledged as a security for
information we possess. From these parallel pas- the payment of the rent. (Gaius, iv. 147. ) Cujas
Bages, it appears that in the body of the reformed suspected that Julianus the jurist was the author
Edict, and in the decree of the senate which ac- of the Interdictum Salvianum, and in this conjec-
companied it, there was an enactment, that any ture was followed by Menage (Amoen. Jur. c. 24),
case not provided for might be ruled cy près by but, as Bynkershoeck has shown (Observ. Jur.
the emperor and his magistrates. In Const. Tuntă, Rom. i. 24), the Interdictum Salvianum is probably
§ 18, Julianus is styled by Justinian Tegum et of much earlier date than the reign of Hadrian. It
Edicti perpetui subtilissiinus Conditor, whence it is commented upon by Julianus as an established
may perhaps be inferred that Julianus not only form of proceeding, which had been extended by
arranged the Edick, but collected the Constitutions equitable construction to cases not originally con-
of emperors, which are often designated by the word templated (interdictum utile), and he does not use
Leges. He introduced a new clause of his own a single expression to render it likely that he him-
into the Edict (Dig. 37. tit. 8. B. 3). Pacanius, a self introduced or invented it. (Dig. 43. tit. 33.
contemporary of Justinian, in his Metaphrasis of s. 1. )
Eutropius (viii. 9, Paennius, H. 15), bays that the Pomponius enumerates Aburnus Valens, Tuscia-
new Edict was called the Edict of Hadrian, or, in nus, and Julianus, as the successors of Jarolenus in
Latin, the Edictum Perpetuum. The Edictum of the leadership of the Sabinian school of jurists. The
Hadrian, mentioned in Cod. x. tit. 39. s. 7, was addiction of Julianus to the tenets of his school is
probably a special proclamation of that emperor, clear, from many passages in his remains, but he was
distinct from the Edict we are treating of. The not an undeviating adherent. Thus, in Dig. 43. tit.
name perpetuum edictum was given in early times 24. s. 11. § 12, he differs from Cassius ; and in
to the praetor's annual edicts, intended as the rule Dig. 40. tit. 4. s. 57, Gaius observes that his opi-
of ordinary practice, as distinguished from special nion is inconsistent with the principles of Cassius
proclamations—to “id quod jurisdictionis perpetuae and Sabinus.
causa, non quod prout res incidit, in albo proposi- He was a voluminous legal writer, and a rery
tum erat” (Dig. 2. tit. 1. s. 7); but, after the re able reasoner upon legal subjects. His style is
form of Hadrian, the epithet perpetuum seems to easy and clear, and, though it has often been said
have acquired new force. Though all the great that his language abounds in Graecisms, not one
principles of the Jus Honorarium were settled has been pointed out, except the use of the word
before the end of the republic, though the Edict manifestus, in such an expression as “ Manifestus
had long assumed an approach to permanence, not est dotem relegasse,” (Dig. 33. tit. 4. 5. 3. ) His
only in matter but in form (for the earlier writers opinion was bighly valued by contemporary and
upon the Edict appear to follow the same order succeeding jurists, who constantly cite him with
with those who wrote after Hadrian), the new approbation, and some of whom appear to have
edictum perpetuum was manifestly endowed with consulted him personally on difficult questions.
an additional authority, which, if it did not pre. (lat. Frag. 77, Dig. 37. tit. 5. s. 6, Dig. 30. tit. 1.
clude the future exercise of the jus edicendi in s. 39. ) He is one of those foremost jurists whose
magistrates, must have practically restricted it to names are mentioned by way of example in the
cases not provided for in the compilation of Juli- citation-law of Valentinian 111.
