These again are divided
Latin Epitome of the Novells of Justinian is extant
into chapters, which, in the editions subsequent to
under this name.
Latin Epitome of the Novells of Justinian is extant
into chapters, which, in the editions subsequent to
under this name.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - b
The authenticity of several letters is con-
on various subjects, historical treatises, satires, tested. They treat on various subjects, and are of
and letters : most of the latter were intended for great importance for the history of the time. One,
public circulation. All these works are very ela- which was addressed to the senate and people of
borately composed, so much so as to afford a fa- Athens, and in which the author explains the mo-
tiguing and monotonous reading to those who peruse tives of his baving taken up arms against the em-
them merely for their merits as specimens of Greek peror Constantius, is an interesting and most im-
literature ; but they are at the same time very important historical document
portant sources for the history and the opinions of II. Orations. 1. 'Eykulov #pos Tór aŭtorpá-
the age on religion and philosophy. Julian also topa Kwvorávtior, with a Latin translation by
tried to write poetry, but he was no poet: he Petavius, Paris, 1614, 8vo. : an encomium of the
lacks iinagination, and his artificial manner of em- emperor Constantius, in which Julian is not con-
bellishing prose shows that he had no poetical sistent with his usual feelings of contempt and hatred
vein. He was a man of reflection and thought, but towards that emperor. In general Julian speaks
possessed no creative genius. His style is remark- very badly of the whole imperial family, and even
ably pure for his time, and shows that he had not Constantine the Great does not escape his severe
only studied the classical Greek historians and phi- censure. Wyttenbach, in the work quoted below, has
losophers, but had so far identified himself with his written some excellent observations on this work. 2.
models, that there is scarcely a page in his works | Περί των Αυτοκράτορος Πράξεων, η περί Βασιλείας,
where we do not meet with either reminiscences two orations on the deeds and the reign of the em-
from the classical writers, or visible efforts to express peror Constantius, which are of great importance
his ideas in the same way as they did. With this for the knowledge of the time: in the complete
painful imitation of his classical models he often editions. Julian wrote these orations in Gaul, and
unites the exaggerated and over-elaborate style of | betrays in many a passage his preference of pagan-
## p. 649 (#665) ############################################
JULIANUS.
619
JULIANUS.
ism to Christianity, as well as his enthusiastic | Antioch, with occasional ironical confessions of the
love of the new Platonic philosophy. 3. Eugeblas author's own faults, who was induced to write this
This Baoiridos 'Eynuov, an encomiurn on the em- amusing piece during his stay at Antioch, as men-
press Eusebia, the patroness of Julian: ed. Peta- tioned above. Julian chose the title Migonuyws
vius, Paris, 1614, 8vo. 4. Els TÒV Baonta "Hasov, because the inhabitants of Antioch, being accus-
an oration on the worship of the sun, addressed to tomed to shave themselves, ridiculed Julian, who
Sallustius, his old military councillor and friend, allowed his beard to grow, in the ancient fashion.
first in Gaul and afterwards in Germany: ed. by Editions : by Petrus Martinius, Paris, 1567, 8vo. ,
Theodorus Marcilius, Paris, 1583. 8vo. ; by Vin- 1583, 8vo. ; by H. I. Lasius, together with the
centius Marinerius, Madrid, 1625, 8vo. 5. Els Caesares, and a German translation of both, Greifs-
Tthe unrépa Tv Orwv, an oration on the mother wald, 1770, 8vo. ; there are also English, French,
of gods (Cybele) : Julian visited the temple of and German translations of the Misopogon. The
Cybele at Pessinus, and restored her worship. 6. following English translations of some of the minor
Είς τους απαιδεύτους Κύνας ; and 7. Προς Ηρά- productions of Julian are worthy of mention:
κλειον Κυνικόν, περί του πως Κυνιστέυν, και εί* Julian's Letter to the Bostrens," translated by
πρέπει τώ Κυνί μύθους πράττειν, two orations on the Earl of Shaftesbury, in his “ Characteristics,"
true and false Cynicism, the latter addressed to the London, 1733, 12mo. ; two Orations of the Em-
Cynic Heracleius. 8. 'Em Tô dfúsq Toll ázalo peror Julian, viz. to the Sun, and to the Mother
Tárov Zatlovoriou napauvontinós, a letter to the of the Gods, with notes, &c. . London, 1793, 8vo.
aforesaid Sallustius, in which he consoles himself | The English literature is rich in works on Julian.
and his friends on the recal of Sallustius, by the IV. Poems. Three epigrams of little import-
emperor Constantius, from Gaul to the East. 9. A ance, in the “ Anthologia Graeca," and a fourth,
letter, or more correctly dissertation, addressed to discovered by Boissonade, in the “ Analecta," and
his former tutor, the philosopher Themistius, on the in Heyler's edition of Julian's Letters.
difficulty the author thinks he would experience in V. Lost Works. The niost important is, Kard
showing himself so perfect an emperor as Themis Xprotiavô, a refutation of the Christian religion,
tius expected.
in seven books, according to Hieronymus, al-
III. Other Works. 1. Kaioapes Luutóolov, though Cyrill only speaks of three. These three
the “ Caesars or the Banquet," a satirical com- books were directed against the dogmatical part of
position, which Gibbon justly calls one of the most the Christian religion, as contained in the Gospels ;
agreeable and instructive productions of ancient and it is against this part of the work that Cyrill
wit. Julian describes the Roman emperors ap- wrote his famous work “Υπέρ της των Χριστια-
proaching one after the other to take their seat Γνων ευαγούς θρησκείας, προς τα του εν αθέοις
round a table placed in the heavens ; and as they | 'IovAcavoû, which is separately printed in Spanheim's
come up, their faults, vices, and crimes, are cen- edition of the works of Julian. All the copies
sured with a sort of bitter mirth by old Silenus, of Julian's work which could be found were de-
whereupon each Caesar defends himself as well as stroyed by order of the emperor Theodosius II. , and
he can, that is, as well as Julian allows him to do; the whole would have been lost for ever but for
but in this Julian shows much partiality, especially Cyrill, who gives extracts from the three first
towards Constantine the Great and other members books in his refutation of Julian. But these extracts
of the imperial family. Alexander the Great also are far from giving an adequate idea of the work.
appears. He and other great heroes at last ac- Cyrill confesses that he had not ventured to copy
knowledge that a royal philosopher is greater than several of the weightiest arguments of the author.
a royal hero, and the piece finishes with a great The Kard Xpuotiavê was likewise refuted by
deal of praise bestowed upon Julian by himself. | Apollinaris, whose Λόγος υπέρ αληθείας κατά
There are many editions and translations of this l 'lovliavou, however, is lost, as are the refutations
remarkable production. Of these, the most im- of Photius and Philippus of Sida. The marquis
portant are the text with a Latin translation by d'Argens, a chamberlain to Frederic the Great,
C. Cantoclarus, Paris, 1577, 8vo. , the Editio Prin- king of Prussia, translated the extracts made by
ceps; the same, Ibid. 1583, 8vo. ; the same, corrected Cyrill, and tried to complete them, according to
by Frederic Sylburg, in the third volume of his some, at the suggestion of his master. The title of
Romanae Historiae Scriptores Minores, and sepa- the translation is, Défense du Paganisme par
rately, Frankfort, 1590, fol. ; by Petrus Cunaeas, l'Empereur Julien, en Grec et en Français," &c.
with an elegant Latin translation, Leyden, 1612, &c. , Berlin, 1764, 8vo. ; lb. (Geneva), 1768, 8vo. ;
12mo. , 1632, 12mo. ; the same with the notes of Ib. 1769, 2 vols. 8vo. The marquis was any thing
Cellarius, Leipzig, 1693, 8vo. , 1735, 8vo. The but a Christian, and his opinions on Julian and
best editions are by J. M. Heusinger, Gotha, 1736, Paganism were attacked by G. F. Meier in his
8vo. , 1741, 8vo. , and by Harless, the editor of Beurtheilung der Betrachtungen des Marquis
Fabricius, Bibl. Graeca, Erlangen, 1785, 8vo. An d'Argens über Julian,” Halle, 1764, 8vo. ; by W.
English translation of the Caesares, the Misopogon, Crichton,“ Betrachtungen über den AbfallJulian's;"
and several other productions of Julian, is contained and by others. Other lost works of Julian are :
in “ Select Works of the Emperor Julian, and some nepl tv tpcov oxuátwv; Nepl toll tóbev od
Pieces of the Sophist Libanius, &c. , with Notes from κακά κατά τους απαιδεύτους ; Τα καλούμενα
Petav, La Bléterie, Gibbon, &c. , and a translation Kpória; Memoirs on his Campaigns in Germany;
of La Bléterie's Vie de Jovien, by John Duncombe," his Journal, in which he used to write down the
London, 1784, 8vo. Several French, German, events of every day; and others, especially many
Italian, and Dutch translations are mentioned by letters.
Fabricius.
Julian composed his works in the following
2. 'AytiOxukos Moonywv," the Antiochian, or chronological order:—The Encomia on Constantius;
the Enemy of the Beard, "a severe satire on the licen- the Encomium on the Empress Eusebia, not before
tious and effeminate manners of the inhabitants of A. D. 356 ; the Letter to Sallustius, in A. D. 360;
66
## p. 650 (#666) ############################################
050
JULIANUS.
JULIANUS.
the Letter to the Senate and the People of Athens, phrase " The luminary of the law," may be inferren
in A. D. 360 ; the Letter to Themistius, and the from the epigram* of his contemporary Theaetetus
Oration on Helius, in 361 ; the Kaioapes, in the Scholasticus preserved in the Anthologia Graeca
winter of 361-362, or perhaps in the following (vol. iii. p. 216, ed. Jacobs), among other epigrams
year; most of his extant Letters during the same addressed to the statues of eminent men :-
period ; one of his Orations on false Cynicism, and
Τούτον Ιουλιανόν, νομικόν φάος, είπον ιδούσαι
that on the Mother of Gods, as well as a Letter on
the restoration of ancient Hellenism, of which a frag-
Ρώμη και Βερόη, «Πάντα φύσις δύναται. »
ment is extant, in 362; the Misopogon in the be Hunc videntes Julianum, splendidum juris decus,
ginning of 363; and the Kard Xpiotiavwv, finished Roma Berytusque, Nil non, inquiunt, natura quit.
during his expedition against the Persians, in the To this same Julianus is attributed the authorship
summer of 363.
of three epigrams in the same collection (vol. ii.
(The works of Julian ; Amm. Marc. 5, 8-xxv. p. 230) headed ’lovasavoù ’AVTuÝVOOpos. Alciatus
5 ; most of the Orations and Epistles of Libanius, (Purerg. ii. 46) calls Julianus patricius and ex-
especially, Orutio Parentulis ; Ad Antiochenos de consul, but without sufficient authority; and Hu-
Imperutoris Ira; De Nece Juliuni ulciscenda ; ber Goltzius, in his preface to the edition of the
Socrates, H. E. lib. iii. ;. Zonar. lib. xiii. ; 20- Epitome of the Novells, which was published at
sim. lib. iii. ; Eutrop. x. 14, &c. ; Themist. Orat. Bruges in 1565, thinks it likely that the author of
iv. ; Gregor. Nazianz. Orat. iii. iv. x. xxi. ; So the Epitome was identical with the consul Julia-
zomen. lib. v. vi. ; Mamertinus in Panegyric. Vet.
nus, to whom Priscian dedicates his grammar.
(Mamertinus was Comes Largitionum to Julian,
That the author of the Epitome was a professor
whom he accompanied in Gaul, and on his me-
is shown by varions forms of expression occurring
morable expedition down the Danube); Aurel. in that work which are known to have been usual
Vict. Constuntius in fin. ; Moses Chorenensis
, among the professors of the Lower Empire ; as, for
lib. iii. ; Theophanes, pp. 29–44, ed. Paris : example, the word didicimus, at the beginning of
Fabric. Bibl. Graeca, vol. vi. p. 719, &c.
For
the 67th constitution of the Epitome. It is also
other sources, especially ecclesiastical writers, and clear, from internal evidence, that the author was a
with regard to Julian's apostacy, we refer the resident in Constantinople, which in c. 216 and
reader to Fabricius, the notes to the splendid life 358 he calls haec ciritas, although in neither case
of Julian by Gibbon, in his Decline and Fall, and does the Novell of Justinian which he is abstract-
the Abbé de la Bléterie's Vie de Julien, of which ing contain a parallel expression.
there is an English translation ; Neander, Ueber
The collection of Novells translated and abridged
den Kuiser Julian, Leipz. 1812; Wiggers, Dissert. by Julianus is referred by Freherus, in his Chrono-
de Juliano Apostata, Rostock, 1810, of which there logia prefixed to the Jus Graeco-Romanum, to the
is a new edition in German in Illgen's Zeitschrift
für Hist. Theol. 1837, vol. vii. ; Schulze, De Ju- year A. D. 570, and this date has been followed by
the majority of legal historians ; but there is every
liani Philosophin et Moribus, 1839; Teuffel, De
reason to believe that the Epitome was completed
Juliuno religionis Christiani contemptore, Tübingen. during the life of Justinian, in A. D. 556. In it
1844. )
(W. P. ] Justinian is uniformly called noster imperator, while
preceding emperors, as Leo and Justinus, are called
Divus Leo and Divus Justinus. In the abstracts
of Novells 117 and 134 there is no allusion to the
subsequent legislation of Justinian, which again
permitted divortium bona gratia. In the original col-
lection, also, no Novell of later date than the year
A. D. 556 is abstracted.
The original collection consists of 124, or at
JULIA'NUS, the Graeco-Roman Jurist. A most 125, constitutions.
These again are divided
Latin Epitome of the Novells of Justinian is extant
into chapters, which, in the editions subsequent to
under this name. In one MS. the work is attributed
A, D 1561, are doubly numbered, one numbering
to Joannes, a citizen of Constantinople ; in some, running through the work from the commencement,
no author is named ; but in several the translation and another beginning anew with each constitution.
and abridgment are ascribed to Julianus, a professor The 125 constitutions make 564 chapters. This
(antecessor) at Constantinople. It is remarkable will explain the different modes of citation. Thus
that no jurist of the name is recorded among the const. I consists of four chapters, and const. 2 of
compilers employed by Justinian, and no professor five chapters. The fourth chapter of const. 2 might
of the name occurs in the inscription of the Const. be cited as c. 9, or as const. 2, c. 4. Again, the
Omnem addressed by Justinian in A. D. 533 to the 8th constitution, the whole of which makes one
professors of law at Constantinople and Berytus. chapter (the 48th), may be cited as const. 8, or as
Among the extracts from contemporaries of Jus- c. 44.
All that follows the 125th constitution in
tinian, which were originally appended to the text
of the Basilica, there is not one that bears the name
* In this epigram, by 'Pun we are probably to
of Julianus. In Basil. 16. tit. 1. s. 6. & 2 (vol. ii. understand Constantinople, which was New Rome.
p. 180, ed. Heimbach), a Julianus is named as
Perhaps ʼlovalavóv is to be pronounced as a tri-
putting a question to Stephanus, one of the eminent syllable, Youlyānon. In the epigram prefised to
jurists of Justinian's time, and hence it has been the Digest in the Florentine manuscript, we find
supposed that the author of the Epitome of the the name Tp16wviavós admitted into an hexameter
Novells was a disciple of Stephanus. That a Ju-
line :
lianus, however, attained such legal celebrity in the Βίβλον Ιουστινιανός άναξ τεχνήσατο τήνδε
reign of Justinian as to be complimented with the "Ην ρα Τριβωνιανός μεγάλο κάμε Παμβασιλής, .
99
po
SAVREME
COIN OF FLAVIUS CLAUDIUS JULIANUS.
## p. 651 (#667) ############################################
JULIANUS.
JULIANUS.
651
the manuscripts and printed editions consists of lianus, and its authenticity was for a time doubted
additions forming an appendix to the original col- by Irnerius, even after it had received the name of
lection.
authenticum, recognising its authenticity, and dis-
The order of the Epitome is very different from tinguishing it from the Epitome of Julianus. (Sa-
that of the 168 Novells in the ordinary modem vigny, Geschichte des Röm. Rechts im Mittelalter,
editions of the Corpus Juris. Of those 168 No- vol. ii. pp. 453—466, iv. p. 484. ) The Authen-
vells, seven are constitutions of Justin II. and Ti- ticum, or Versio Vulgata, was now taught in the
berius, four are edicts of praefecti praetorio, and schools, while the Epitome or Novella, though per-
several are constitutions of Justinian subsequent to mitted to be read as a subsidiary source of in-
A. D. 556. Of the 168 Novells, Novells 114, 121, struction, so rapidly fell into disuse, that neither
138, 143, and 150, are abstracted in the appendix Fulgosius uor Caccialupi ever saw a copy of it. It
to the Epitome found in some manuscripts, and 19, is commonly believed that the Epitome of Julian
21, 33, 36, 37, 50, 116, 122, 132, 133, 135, 137, was re-discovered by the monk Ambrosius Traver-
139—149, 151-158, are altogether wanting in sarius, in A. D. 1433, in the library of Victorinus at
Julianus.
Mantua. The main authority for this statement
Tables exhibiting the correspondence of the Nois Suarez, in his Notit. Basil. & 21 ; but there is
vells in the Corpus Juris with the corresponding reason to doubt the story, which is not confirmed
abstracts in Julianus may be found in Biener, Ges-by an extant letter of Ambrosius (Ambrosii Tru-
chichte der Novellen, pp. 538-9 ; Savigny's Zeit- versarii Cameldunensis Epistolae, vol. i. p. 419,
schrift, vol. iv. p. 187; Böcking, Institutionen, pp. Florent. 1759), giving an account of the books
73–75. The first thirty-nine constitutions in the that he found in the library at Mantua. He men-
Epitome are arranged very irregularly, but the ar- tions a work Joannis Consulis de Variis Quaesti-
rangement from const. 40 to const. Ill is chrono onibus, but by this he can scarcely mean the Epi-
logical, and agrees pretty closely with that of the tome, for it seems to have been a Greek book. A
Novells in the Corpus Juris from Nov. 44 to Nov. very elaborate and valuable literary history of the
120.
Epitome was drawn up by Haubold, and inserted
Julianus translated from the original Greek, and in the fourth volume of Savigny's Zeitschrif. As
he had before him the Latin text of those Novells an appendix to this paper, Professor Hänel of
which were originally published in Latin. He Leipzig has given in the eighth volume of the
leaves out the inscriptions, verbose prooemia, and Zeitschrift an accurate enumeration of the known
epilogues, but gives the subscriptiones (containing existing manuscripts. Though the printed editions
the date at the end). The substance of the enact. . of the Epitome are numerous, they are scarce, and
ing part is given without much abridgment, and the the new edition which Hänel is understood to be
Latin style of the author is tolerably clear and pure. preparing will be an acceptable boon to students of
It may seem strange that a professor living in a Roman law.
country where Greek was the vernacular language, The following are the principal printed editions,
at a time when others were translating into Greek for the full citles of which the reader is referred to
the monuments of Roman legislation, should em- the above-mentioned paper of Haubold. Transcripts
ploy himself in composing a Latin Epitome of the of preceding editions of the Epitome have from
Greek Novells. It may be that his work was time to time been inserted in editions of the Vo-
composed for the benefit of the Italians, who by the lumen--that is to say, the last volume into which
conquest of the Ostrogoths in A. D. 554 had been the Carpus Juris Civilis was formerly usually di-
reduced under the dominion of Justinian, or for vided, containing the Authenticum or Versio Vulgata
those western students who frequented the law of the Novells, the last three of the twelve books of
schools of Constantinople and Berytus. There are the Code, the Libri Feudorum, &c.
passages in the work (e. g. , c. 15. c. 29–32) which 1. The first printed edition was published in
show that it was intended for those who were not 8vo. , without name or year, at Lyons in 1512, at
Greeks.
the end of a collection of the Laws of the Lom-
Among the cultivators of Roman law in the bards. The editor was Nic. Boherius. The work,
school of Bologna, this Epitome was called Novella, which is imperfectly given, is divided into nine
Novellae, Liber Novellarum. It was probably collationes. This division, found in several manu-
known early in the eleventh century, before the scripts, was probably made about the time of Ir-
discovery by Irnerius of another ancient translation nerius, to correspond with the first nine books of
of the Novells, containing 134 constitutious in an the Code. The Authenticum was similarly divided
unabridged form. The glossators were wholly un- into nine collationes.
acquainted with the original Greek Novells. The 2. 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
.
on various subjects, historical treatises, satires, tested. They treat on various subjects, and are of
and letters : most of the latter were intended for great importance for the history of the time. One,
public circulation. All these works are very ela- which was addressed to the senate and people of
borately composed, so much so as to afford a fa- Athens, and in which the author explains the mo-
tiguing and monotonous reading to those who peruse tives of his baving taken up arms against the em-
them merely for their merits as specimens of Greek peror Constantius, is an interesting and most im-
literature ; but they are at the same time very important historical document
portant sources for the history and the opinions of II. Orations. 1. 'Eykulov #pos Tór aŭtorpá-
the age on religion and philosophy. Julian also topa Kwvorávtior, with a Latin translation by
tried to write poetry, but he was no poet: he Petavius, Paris, 1614, 8vo. : an encomium of the
lacks iinagination, and his artificial manner of em- emperor Constantius, in which Julian is not con-
bellishing prose shows that he had no poetical sistent with his usual feelings of contempt and hatred
vein. He was a man of reflection and thought, but towards that emperor. In general Julian speaks
possessed no creative genius. His style is remark- very badly of the whole imperial family, and even
ably pure for his time, and shows that he had not Constantine the Great does not escape his severe
only studied the classical Greek historians and phi- censure. Wyttenbach, in the work quoted below, has
losophers, but had so far identified himself with his written some excellent observations on this work. 2.
models, that there is scarcely a page in his works | Περί των Αυτοκράτορος Πράξεων, η περί Βασιλείας,
where we do not meet with either reminiscences two orations on the deeds and the reign of the em-
from the classical writers, or visible efforts to express peror Constantius, which are of great importance
his ideas in the same way as they did. With this for the knowledge of the time: in the complete
painful imitation of his classical models he often editions. Julian wrote these orations in Gaul, and
unites the exaggerated and over-elaborate style of | betrays in many a passage his preference of pagan-
## p. 649 (#665) ############################################
JULIANUS.
619
JULIANUS.
ism to Christianity, as well as his enthusiastic | Antioch, with occasional ironical confessions of the
love of the new Platonic philosophy. 3. Eugeblas author's own faults, who was induced to write this
This Baoiridos 'Eynuov, an encomiurn on the em- amusing piece during his stay at Antioch, as men-
press Eusebia, the patroness of Julian: ed. Peta- tioned above. Julian chose the title Migonuyws
vius, Paris, 1614, 8vo. 4. Els TÒV Baonta "Hasov, because the inhabitants of Antioch, being accus-
an oration on the worship of the sun, addressed to tomed to shave themselves, ridiculed Julian, who
Sallustius, his old military councillor and friend, allowed his beard to grow, in the ancient fashion.
first in Gaul and afterwards in Germany: ed. by Editions : by Petrus Martinius, Paris, 1567, 8vo. ,
Theodorus Marcilius, Paris, 1583. 8vo. ; by Vin- 1583, 8vo. ; by H. I. Lasius, together with the
centius Marinerius, Madrid, 1625, 8vo. 5. Els Caesares, and a German translation of both, Greifs-
Tthe unrépa Tv Orwv, an oration on the mother wald, 1770, 8vo. ; there are also English, French,
of gods (Cybele) : Julian visited the temple of and German translations of the Misopogon. The
Cybele at Pessinus, and restored her worship. 6. following English translations of some of the minor
Είς τους απαιδεύτους Κύνας ; and 7. Προς Ηρά- productions of Julian are worthy of mention:
κλειον Κυνικόν, περί του πως Κυνιστέυν, και εί* Julian's Letter to the Bostrens," translated by
πρέπει τώ Κυνί μύθους πράττειν, two orations on the Earl of Shaftesbury, in his “ Characteristics,"
true and false Cynicism, the latter addressed to the London, 1733, 12mo. ; two Orations of the Em-
Cynic Heracleius. 8. 'Em Tô dfúsq Toll ázalo peror Julian, viz. to the Sun, and to the Mother
Tárov Zatlovoriou napauvontinós, a letter to the of the Gods, with notes, &c. . London, 1793, 8vo.
aforesaid Sallustius, in which he consoles himself | The English literature is rich in works on Julian.
and his friends on the recal of Sallustius, by the IV. Poems. Three epigrams of little import-
emperor Constantius, from Gaul to the East. 9. A ance, in the “ Anthologia Graeca," and a fourth,
letter, or more correctly dissertation, addressed to discovered by Boissonade, in the “ Analecta," and
his former tutor, the philosopher Themistius, on the in Heyler's edition of Julian's Letters.
difficulty the author thinks he would experience in V. Lost Works. The niost important is, Kard
showing himself so perfect an emperor as Themis Xprotiavô, a refutation of the Christian religion,
tius expected.
in seven books, according to Hieronymus, al-
III. Other Works. 1. Kaioapes Luutóolov, though Cyrill only speaks of three. These three
the “ Caesars or the Banquet," a satirical com- books were directed against the dogmatical part of
position, which Gibbon justly calls one of the most the Christian religion, as contained in the Gospels ;
agreeable and instructive productions of ancient and it is against this part of the work that Cyrill
wit. Julian describes the Roman emperors ap- wrote his famous work “Υπέρ της των Χριστια-
proaching one after the other to take their seat Γνων ευαγούς θρησκείας, προς τα του εν αθέοις
round a table placed in the heavens ; and as they | 'IovAcavoû, which is separately printed in Spanheim's
come up, their faults, vices, and crimes, are cen- edition of the works of Julian. All the copies
sured with a sort of bitter mirth by old Silenus, of Julian's work which could be found were de-
whereupon each Caesar defends himself as well as stroyed by order of the emperor Theodosius II. , and
he can, that is, as well as Julian allows him to do; the whole would have been lost for ever but for
but in this Julian shows much partiality, especially Cyrill, who gives extracts from the three first
towards Constantine the Great and other members books in his refutation of Julian. But these extracts
of the imperial family. Alexander the Great also are far from giving an adequate idea of the work.
appears. He and other great heroes at last ac- Cyrill confesses that he had not ventured to copy
knowledge that a royal philosopher is greater than several of the weightiest arguments of the author.
a royal hero, and the piece finishes with a great The Kard Xpuotiavê was likewise refuted by
deal of praise bestowed upon Julian by himself. | Apollinaris, whose Λόγος υπέρ αληθείας κατά
There are many editions and translations of this l 'lovliavou, however, is lost, as are the refutations
remarkable production. Of these, the most im- of Photius and Philippus of Sida. The marquis
portant are the text with a Latin translation by d'Argens, a chamberlain to Frederic the Great,
C. Cantoclarus, Paris, 1577, 8vo. , the Editio Prin- king of Prussia, translated the extracts made by
ceps; the same, Ibid. 1583, 8vo. ; the same, corrected Cyrill, and tried to complete them, according to
by Frederic Sylburg, in the third volume of his some, at the suggestion of his master. The title of
Romanae Historiae Scriptores Minores, and sepa- the translation is, Défense du Paganisme par
rately, Frankfort, 1590, fol. ; by Petrus Cunaeas, l'Empereur Julien, en Grec et en Français," &c.
with an elegant Latin translation, Leyden, 1612, &c. , Berlin, 1764, 8vo. ; lb. (Geneva), 1768, 8vo. ;
12mo. , 1632, 12mo. ; the same with the notes of Ib. 1769, 2 vols. 8vo. The marquis was any thing
Cellarius, Leipzig, 1693, 8vo. , 1735, 8vo. The but a Christian, and his opinions on Julian and
best editions are by J. M. Heusinger, Gotha, 1736, Paganism were attacked by G. F. Meier in his
8vo. , 1741, 8vo. , and by Harless, the editor of Beurtheilung der Betrachtungen des Marquis
Fabricius, Bibl. Graeca, Erlangen, 1785, 8vo. An d'Argens über Julian,” Halle, 1764, 8vo. ; by W.
English translation of the Caesares, the Misopogon, Crichton,“ Betrachtungen über den AbfallJulian's;"
and several other productions of Julian, is contained and by others. Other lost works of Julian are :
in “ Select Works of the Emperor Julian, and some nepl tv tpcov oxuátwv; Nepl toll tóbev od
Pieces of the Sophist Libanius, &c. , with Notes from κακά κατά τους απαιδεύτους ; Τα καλούμενα
Petav, La Bléterie, Gibbon, &c. , and a translation Kpória; Memoirs on his Campaigns in Germany;
of La Bléterie's Vie de Jovien, by John Duncombe," his Journal, in which he used to write down the
London, 1784, 8vo. Several French, German, events of every day; and others, especially many
Italian, and Dutch translations are mentioned by letters.
Fabricius.
Julian composed his works in the following
2. 'AytiOxukos Moonywv," the Antiochian, or chronological order:—The Encomia on Constantius;
the Enemy of the Beard, "a severe satire on the licen- the Encomium on the Empress Eusebia, not before
tious and effeminate manners of the inhabitants of A. D. 356 ; the Letter to Sallustius, in A. D. 360;
66
## p. 650 (#666) ############################################
050
JULIANUS.
JULIANUS.
the Letter to the Senate and the People of Athens, phrase " The luminary of the law," may be inferren
in A. D. 360 ; the Letter to Themistius, and the from the epigram* of his contemporary Theaetetus
Oration on Helius, in 361 ; the Kaioapes, in the Scholasticus preserved in the Anthologia Graeca
winter of 361-362, or perhaps in the following (vol. iii. p. 216, ed. Jacobs), among other epigrams
year; most of his extant Letters during the same addressed to the statues of eminent men :-
period ; one of his Orations on false Cynicism, and
Τούτον Ιουλιανόν, νομικόν φάος, είπον ιδούσαι
that on the Mother of Gods, as well as a Letter on
the restoration of ancient Hellenism, of which a frag-
Ρώμη και Βερόη, «Πάντα φύσις δύναται. »
ment is extant, in 362; the Misopogon in the be Hunc videntes Julianum, splendidum juris decus,
ginning of 363; and the Kard Xpiotiavwv, finished Roma Berytusque, Nil non, inquiunt, natura quit.
during his expedition against the Persians, in the To this same Julianus is attributed the authorship
summer of 363.
of three epigrams in the same collection (vol. ii.
(The works of Julian ; Amm. Marc. 5, 8-xxv. p. 230) headed ’lovasavoù ’AVTuÝVOOpos. Alciatus
5 ; most of the Orations and Epistles of Libanius, (Purerg. ii. 46) calls Julianus patricius and ex-
especially, Orutio Parentulis ; Ad Antiochenos de consul, but without sufficient authority; and Hu-
Imperutoris Ira; De Nece Juliuni ulciscenda ; ber Goltzius, in his preface to the edition of the
Socrates, H. E. lib. iii. ;. Zonar. lib. xiii. ; 20- Epitome of the Novells, which was published at
sim. lib. iii. ; Eutrop. x. 14, &c. ; Themist. Orat. Bruges in 1565, thinks it likely that the author of
iv. ; Gregor. Nazianz. Orat. iii. iv. x. xxi. ; So the Epitome was identical with the consul Julia-
zomen. lib. v. vi. ; Mamertinus in Panegyric. Vet.
nus, to whom Priscian dedicates his grammar.
(Mamertinus was Comes Largitionum to Julian,
That the author of the Epitome was a professor
whom he accompanied in Gaul, and on his me-
is shown by varions forms of expression occurring
morable expedition down the Danube); Aurel. in that work which are known to have been usual
Vict. Constuntius in fin. ; Moses Chorenensis
, among the professors of the Lower Empire ; as, for
lib. iii. ; Theophanes, pp. 29–44, ed. Paris : example, the word didicimus, at the beginning of
Fabric. Bibl. Graeca, vol. vi. p. 719, &c.
For
the 67th constitution of the Epitome. It is also
other sources, especially ecclesiastical writers, and clear, from internal evidence, that the author was a
with regard to Julian's apostacy, we refer the resident in Constantinople, which in c. 216 and
reader to Fabricius, the notes to the splendid life 358 he calls haec ciritas, although in neither case
of Julian by Gibbon, in his Decline and Fall, and does the Novell of Justinian which he is abstract-
the Abbé de la Bléterie's Vie de Julien, of which ing contain a parallel expression.
there is an English translation ; Neander, Ueber
The collection of Novells translated and abridged
den Kuiser Julian, Leipz. 1812; Wiggers, Dissert. by Julianus is referred by Freherus, in his Chrono-
de Juliano Apostata, Rostock, 1810, of which there logia prefixed to the Jus Graeco-Romanum, to the
is a new edition in German in Illgen's Zeitschrift
für Hist. Theol. 1837, vol. vii. ; Schulze, De Ju- year A. D. 570, and this date has been followed by
the majority of legal historians ; but there is every
liani Philosophin et Moribus, 1839; Teuffel, De
reason to believe that the Epitome was completed
Juliuno religionis Christiani contemptore, Tübingen. during the life of Justinian, in A. D. 556. In it
1844. )
(W. P. ] Justinian is uniformly called noster imperator, while
preceding emperors, as Leo and Justinus, are called
Divus Leo and Divus Justinus. In the abstracts
of Novells 117 and 134 there is no allusion to the
subsequent legislation of Justinian, which again
permitted divortium bona gratia. In the original col-
lection, also, no Novell of later date than the year
A. D. 556 is abstracted.
The original collection consists of 124, or at
JULIA'NUS, the Graeco-Roman Jurist. A most 125, constitutions.
These again are divided
Latin Epitome of the Novells of Justinian is extant
into chapters, which, in the editions subsequent to
under this name. In one MS. the work is attributed
A, D 1561, are doubly numbered, one numbering
to Joannes, a citizen of Constantinople ; in some, running through the work from the commencement,
no author is named ; but in several the translation and another beginning anew with each constitution.
and abridgment are ascribed to Julianus, a professor The 125 constitutions make 564 chapters. This
(antecessor) at Constantinople. It is remarkable will explain the different modes of citation. Thus
that no jurist of the name is recorded among the const. I consists of four chapters, and const. 2 of
compilers employed by Justinian, and no professor five chapters. The fourth chapter of const. 2 might
of the name occurs in the inscription of the Const. be cited as c. 9, or as const. 2, c. 4. Again, the
Omnem addressed by Justinian in A. D. 533 to the 8th constitution, the whole of which makes one
professors of law at Constantinople and Berytus. chapter (the 48th), may be cited as const. 8, or as
Among the extracts from contemporaries of Jus- c. 44.
All that follows the 125th constitution in
tinian, which were originally appended to the text
of the Basilica, there is not one that bears the name
* In this epigram, by 'Pun we are probably to
of Julianus. In Basil. 16. tit. 1. s. 6. & 2 (vol. ii. understand Constantinople, which was New Rome.
p. 180, ed. Heimbach), a Julianus is named as
Perhaps ʼlovalavóv is to be pronounced as a tri-
putting a question to Stephanus, one of the eminent syllable, Youlyānon. In the epigram prefised to
jurists of Justinian's time, and hence it has been the Digest in the Florentine manuscript, we find
supposed that the author of the Epitome of the the name Tp16wviavós admitted into an hexameter
Novells was a disciple of Stephanus. That a Ju-
line :
lianus, however, attained such legal celebrity in the Βίβλον Ιουστινιανός άναξ τεχνήσατο τήνδε
reign of Justinian as to be complimented with the "Ην ρα Τριβωνιανός μεγάλο κάμε Παμβασιλής, .
99
po
SAVREME
COIN OF FLAVIUS CLAUDIUS JULIANUS.
## p. 651 (#667) ############################################
JULIANUS.
JULIANUS.
651
the manuscripts and printed editions consists of lianus, and its authenticity was for a time doubted
additions forming an appendix to the original col- by Irnerius, even after it had received the name of
lection.
authenticum, recognising its authenticity, and dis-
The order of the Epitome is very different from tinguishing it from the Epitome of Julianus. (Sa-
that of the 168 Novells in the ordinary modem vigny, Geschichte des Röm. Rechts im Mittelalter,
editions of the Corpus Juris. Of those 168 No- vol. ii. pp. 453—466, iv. p. 484. ) The Authen-
vells, seven are constitutions of Justin II. and Ti- ticum, or Versio Vulgata, was now taught in the
berius, four are edicts of praefecti praetorio, and schools, while the Epitome or Novella, though per-
several are constitutions of Justinian subsequent to mitted to be read as a subsidiary source of in-
A. D. 556. Of the 168 Novells, Novells 114, 121, struction, so rapidly fell into disuse, that neither
138, 143, and 150, are abstracted in the appendix Fulgosius uor Caccialupi ever saw a copy of it. It
to the Epitome found in some manuscripts, and 19, is commonly believed that the Epitome of Julian
21, 33, 36, 37, 50, 116, 122, 132, 133, 135, 137, was re-discovered by the monk Ambrosius Traver-
139—149, 151-158, are altogether wanting in sarius, in A. D. 1433, in the library of Victorinus at
Julianus.
Mantua. The main authority for this statement
Tables exhibiting the correspondence of the Nois Suarez, in his Notit. Basil. & 21 ; but there is
vells in the Corpus Juris with the corresponding reason to doubt the story, which is not confirmed
abstracts in Julianus may be found in Biener, Ges-by an extant letter of Ambrosius (Ambrosii Tru-
chichte der Novellen, pp. 538-9 ; Savigny's Zeit- versarii Cameldunensis Epistolae, vol. i. p. 419,
schrift, vol. iv. p. 187; Böcking, Institutionen, pp. Florent. 1759), giving an account of the books
73–75. The first thirty-nine constitutions in the that he found in the library at Mantua. He men-
Epitome are arranged very irregularly, but the ar- tions a work Joannis Consulis de Variis Quaesti-
rangement from const. 40 to const. Ill is chrono onibus, but by this he can scarcely mean the Epi-
logical, and agrees pretty closely with that of the tome, for it seems to have been a Greek book. A
Novells in the Corpus Juris from Nov. 44 to Nov. very elaborate and valuable literary history of the
120.
Epitome was drawn up by Haubold, and inserted
Julianus translated from the original Greek, and in the fourth volume of Savigny's Zeitschrif. As
he had before him the Latin text of those Novells an appendix to this paper, Professor Hänel of
which were originally published in Latin. He Leipzig has given in the eighth volume of the
leaves out the inscriptions, verbose prooemia, and Zeitschrift an accurate enumeration of the known
epilogues, but gives the subscriptiones (containing existing manuscripts. Though the printed editions
the date at the end). The substance of the enact. . of the Epitome are numerous, they are scarce, and
ing part is given without much abridgment, and the the new edition which Hänel is understood to be
Latin style of the author is tolerably clear and pure. preparing will be an acceptable boon to students of
It may seem strange that a professor living in a Roman law.
country where Greek was the vernacular language, The following are the principal printed editions,
at a time when others were translating into Greek for the full citles of which the reader is referred to
the monuments of Roman legislation, should em- the above-mentioned paper of Haubold. Transcripts
ploy himself in composing a Latin Epitome of the of preceding editions of the Epitome have from
Greek Novells. It may be that his work was time to time been inserted in editions of the Vo-
composed for the benefit of the Italians, who by the lumen--that is to say, the last volume into which
conquest of the Ostrogoths in A. D. 554 had been the Carpus Juris Civilis was formerly usually di-
reduced under the dominion of Justinian, or for vided, containing the Authenticum or Versio Vulgata
those western students who frequented the law of the Novells, the last three of the twelve books of
schools of Constantinople and Berytus. There are the Code, the Libri Feudorum, &c.
passages in the work (e. g. , c. 15. c. 29–32) which 1. The first printed edition was published in
show that it was intended for those who were not 8vo. , without name or year, at Lyons in 1512, at
Greeks.
the end of a collection of the Laws of the Lom-
Among the cultivators of Roman law in the bards. The editor was Nic. Boherius. The work,
school of Bologna, this Epitome was called Novella, which is imperfectly given, is divided into nine
Novellae, Liber Novellarum. It was probably collationes. This division, found in several manu-
known early in the eleventh century, before the scripts, was probably made about the time of Ir-
discovery by Irnerius of another ancient translation nerius, to correspond with the first nine books of
of the Novells, containing 134 constitutious in an the Code. The Authenticum was similarly divided
unabridged form. The glossators were wholly un- into nine collationes.
acquainted with the original Greek Novells. The 2. 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
.
