A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

654 JU-LIANUS. JULIAN US.
from the. magistrates. Other writers, especially sertim perpeluo, Kilon. 1'830; Ifugo, 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 proceeddirect testimony of ancient writers upon this sub- ing, called the Interdictum Salvianum, by which a
ject is scanty. In Const. Aedwicev, ~ 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
sages, 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 conjeccompanied it, there was an enactment, that any ture was followed by MInage (Amoen. Jur. c. 24),
case not provided for might be ruled cy pres by but, as Bynkershoeck has, shown (Observ. Jzr.
the emperor and his magistrates. In Const. Tanta, Rom. i. 24), the Interdictum Salvianum is probably
~ 18, Julianus is styled by Justinian Iegum et of much earlier date than the reign of Hadrian. It
Edicti perpetui subtilissimus 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 Edict, but collected the Constitutions equitable construction to cases not originally conof 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 himinto the Edict (Dig. 37. tit. 8. s. 3). Paeanius, a self introduced or invented it. (Dig. 43. tit. 33.
contemporary of Justinian, in his Metaphrasis of s. 1.)
Eutropius (viii. 9, Paeanius, H. L'), says that the Pomponius enumerates Aburnus Valens, Tuscianew Edict was called the Edict of Hadrian, or, in nus, and Julianus, as the successors of Javolenus 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 opiof 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 very
turn erat " (Dig. 2. tit. 1. s. 7); but, after the re- able reasoner upon legal subjects. His style is
form of Hadrian, the epithet perpetuurn 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 maniafestus, in such an expression as " Manifestus
had long assumed an approach to permanence, not est dotem relegasse," (Dig. 33. tit. 4. s. 3.) His
only in matter but in form (for the earlier writers opinion was highly 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- (Vat. 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 vway of example in the
cases not provided for in- the compilation of Juli- citation-law of Valentinian III. (Cod. Theod. i.
anus. In a manuscript at Florence (Cod. Laurent. tit. 4. s. 3.) His authority is cited by emperors
Plut. lxxx. cod. 6) of a Graeco-Roman Epitome of in their Constitutions, as by Leo and Anthemius in
Law of the tenth century, Hadrian is said to have Cod. 6. tit. 61. s. 5, and by Justinian in Cod. 4.
associated Servius Cornelius with Julianus in the tit. 5. s. 10, Cod. 2. tit. 19. s. 24, Cod. 3. tit. 33.
task of consolidation and arrangement; but the s. 15, Nov. 74 pr. About 457 extracts from his
Graeco-Roman jurists are very unsafe authorities works are inserted in the Digest. In Hommel's
in matters of history, and the author of the cited Palingenesia these fragments occupy ninety pages.
Epitome may have been led to mention a Cornelius He is more often cited by other jurists than any
in connection with the Edict, from having heard of legal writer, except Ulpian, Paulus, and Papinian,
the lex Cornelia (proposed by the tribune C. Cor- and he is commonly named without special refernelius in B. C. 67), by which it was enacted " ut ence to the passage where his opinion is contained.
praetores ex edictis sullis perpetuis jus dicerent." Volusius Maecianus and Terentius Clemens both
[C. CORNELIUS; CORNELIUS, SERVIUS.] The call him Julianus noster (Dig. 35. tit. I. s. 85, Dig.
other early writers who mention the labours of Ju- 28. tit. 6. s. 6), perhaps as his pupils, or perhaps
lianus on the Edict are Aurelius Victor (de Caes. as his associates in the imperial council. In the
19), Eusebius (C/lron. ad A.U.C. 884, n. 2147), and fragments of Africanus there appears to be such a
Paulus Diaconus (Hist. Misc. x. 20). How far constant reference to the opinion's of Julianus, that
the reform affected the edict of the praetor pere- Africanus is generally supposed to have been his
grinus (which was in the main similar to that of pupil.
the praetor urbanus) and the edict of the aediles The following are the titles of his works:(which seems subsequently to have been treated of 1. Digestorum Libri XC. It was perhaps this
as an appendage to the praetor's edict, Pauli Sen- title which led Matthaeus Blastares, in the preface
tentiae, i. tit. 15. s. 2), there are not sufficient data to his Syntagma, to the blunder of attributing the
to determine. (F. A. Biener, de Salvii Juliani in Digest of Justinian to Hadrian. By some the voedicto praetoris meritis rite aestumandis, 4to. Lips. luminous Digest of Julianus has been confounded
1809; Francke, de Edicto praetoris urbani, prae- with the reformed Edict, which was comprised in 4