It is well ascer-
177) imperator noster.
177) imperator noster.
William Smith - 1844 - Dictionary of Greek and Roman Antiquities - b
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
. 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)].
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
. 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)].
