Page:Dictionary of Greek and Roman Biography and Mythology (1870) - Volume 2.djvu/669

JULIANUS. single book. The Digesta, like other works of other jurists bearing the same title, appears to have been a system of Roman law, following the arrangement of the Edict, and compiled from the commentators on the text of the Edict. In Julian's Digest, the actual words of the Edict seem to have been in- serted and interpreted. The work cited in Dig. 3. tit. 2. s. 1, as Julianus, libro 1" ad Edictum, is perhaps no other than the Digesta of Julianus, but the reading of the Florentine MS. is doubtful, and it is very likely that Ulpianus ought to be sub- stituted for Julianus. In Dig. 1. tit. 3. s. 32, the 94th book of the Digesta is cited, but here there is undoubtedly an error in the reading of Ixxxxiiii. in place of Ixxxiiii. Indeed, L. T; Gronovius as- serts that the fourth x in the Florentine manuscript is not from the first hand. The Digesta was an- notated by the Proculeian Ulpius Marcellus, one of the very, few jurists who seem more disposed, whenever it is practicable, to censure than to praise Julianus ; hence Cujas remarks {Obs. xiii. 35) that there can scarcely be a stronger proof of the cor- rectness of an opinion than the agreement of Mar- cellus and Julianus. Another critic was found in Mauricianus (Dig. 2. tit. 14. s. 7. § 2, and Dig. 7. tit. 1. s. 25. § 1). Cervidius Scaevola (Dig. 2. tit. 14. s. 54, Dig. 18. tit. 6. s. 10) was a less unfavour- able annotator. The fragment in Dig. 4. tit. 2. s. 11, is inscribed " Paulus lib. iv. Juliani Digest- orura notat," and there is a similar inscription in Dig. 18. tit. 5. s. 4, but there is no mention in the Florentine Index of any special work of Paulus upon Julianus. There are 376 extracts from the Digesta of Julianus in the Digest of Justinian. In modern times, the celebrated Cujas wrote lectures on the Digesta of Julianus. (Jac Cujacii Recitati- ones solemnes ad Salvii Juliani libros Digestorum, Opera, vol. i.) 2. Ad Minicium, or Ex Minicio, or Apud Mini- ciuiu Libri VI. In these various ways is this work named in the Florentine Index and the inscriptions of the Fragments. [Ferox.] This was a com- mentary upon some work of Minicius Natalis, who lived under Vespasian and Trajan. It appears to follow the arrangement not of the Edict, but of the Lihri Juris Civilis of Sabinus. Of the forty frag- ments in the Digest, those from the first and second book relate to testaments, bonorum possessiones, legacies, and fidei-commissa ; those from the third, to the patria potestas and the power of the do- minus ; those from the fourth, to loans and con- tracts ; those from the fifth, to marriage, tutela, acquiring pessession, &c. ; those from the sixth, to interdicts and procedure. In Dig. 19. tit. 1. s. 11. § 15, Ulpian appears to cite the tenth book, but the reading ought probably to be altered from x to V. 3. Ad Urseium Libri IV. A commentary upon some work of Urseius Ferox. From the forty-two extracts in the Digest, it appears that Julianus in this treatise followed the series of the books of Sabinus. 4. De Ambiguitatibus Liber Singularis. From this work there are four extracts in the Digest. It explained the legal sense of ambiguous words, and the niles of interpretation to be applied to obscure expressions in wills and contracts. These are all the ascertained works of Julianus. That Julianus wrote upon Sextus has by some been inferred from the expression '" Juliano ex Sexto placuit" in Gaius, ii. 218, compared with JULIUS. cr^b Fragmenta Vaticayia, § 88. Bertrandus, from a misunderstanding of the expression " tractatu pro- posito " in Cod. 0". tit. 60. s. 5, imagined that he wrote a special treatise, De Dokdi Praedio. (M6nage, Amoen. Juris, 24 ; Guil. Grotius, de Vit. Ictoriim., ii. 6. § 1 ; Strauchius, Vitae aliquot Idorum, Num. 1 ; Neuber, Die juridisclwn Klas- siker, pp. 183 — 208. Above all, Heineccius, de Salvia Juliano, Idorum sua aetate CovT/phaeo, Op- vol. ii. pp. 798 — 818 ; Historia Edictorum Edidi- que perpetui, ii. 3, Op. vol. vii. sect. 2, pp. 196 — 261.) [J. T. G.] JU'LIUS, was ordained bishop of Rome, as the successor of Mark, on the 6th of Februarj', a. d. 337, a short time before the period when the per- secution against Athanasius was most fiercely revived in consequence of the permission accorded to him by Constantinus, Constantius, and Constans to quit Treves, where he had been living in exih^, and return to Alexandria. Julius, who desired to be considered the arbiter of the dispute, invited both parties to appear before a council summoned to meet at Rome in the month of June, 341, a proposal gladly accepted by Athanasius, but evaded by his opponents. The cause of the former having been fully investigated before this assembly, he and his adherents were declared guiltless of all the crimes with which they had been charged, and were restored to the full exercise of all their rights, — a decision confirmed by the synod of Sar- dica, held a. d. 347, by permission of Constantius at the solicitation of Constans, in the proceedings of which the Arian dignitaries refused to take any share, because the bishops whom they had con- demned were not excluded. Throughout the struggle, the prelates of the Western churches, in their eagerness for victory, made many most im- portant admissions with regard to the authority of the Roman see, admissions which were carefully noted, and at a subsequent period turned to the best account. Julius died on the 12th of April, A. D. 352, after having occupied the papal chair for upwards of fifteen years. Many epistles of this pope connected with the Athanasian controversy have perished ; but two, unquestionably genuine, are still extant, written in Greek, one addressed to the inhabitants of Antioch in 342, the other to the Alexandrians in 349, both preserved in the Apologia contra Arianos of Athanasius. They will be found also in the Episiolae Pontijicum Romanorum of Constant (fol. Par. 1721), p. 350, p. 399, and Append, p. 69, with notes and illustrative pieces ; and in the Bibliotheca Patrum of Galland, vol. v. (fol. Venet. 1769), p. 3. The letters ^cf Dionysium Alexandrinum ; Ad Docum ; Ad Cpiilliim Alexandrinum, on topics connected with the Incarnation ; fragments of a Servio de Homousio, several Decreta, and various other tracts collected in the compilation of Con- stant, Append, p. dQ, all of which have at different periods been ascribed to Julius, are now univer- sally admitted to be the work of other hands, many of them being forgeries by the Eutychians. (See Du Pin, Ecdesiasiical History of the Fourth Century ; Schoneraann, Biblioth. Patrum Lot. vol. i. cap. 4. ^ 3 ; Bahr, Geschidd. der Rom,. Litterat, Suppl. Band. lite Abtheil. § 61.) [W. R.] JU'LIUS AFRICA'NUS. [Africanus.J JU'LIUS AGRI'COLA. [Agricola.] JU'LIUS A'QUILA. [Aquila.]