Lucius Octavius Cornelius Publius Salvius Iulianus Aemilianus (c. 110 – c. 170), generally referred to as Salvius Julianus, or Julian the Jurist, or simply Julianus, was a well known and respected jurist, public official, and politician who served in the Roman imperial state. Of north African origin, he was active during the long reigns of the emperors Hadrian (r. 117–138), Antoninus Pius (r. 138–161), and Marcus Aurelius (r. 161–180), as well as the shorter reign of Marcus Aurelius' first co-Emperor, Lucius Verus (r. 161–169).
In the Roman government, Julianus gradually rose in rank through a traditional series of offices. He was successively quaestor to the Emperor Hadrian (with double the usual salary), plebeian tribune, praetor, praefectus aerarii Saturni, and praefectus aerarii militaris, before assuming the high annual office of Roman consul in 148.H. F. Jolowicz and Barry Nicholas, Historical Introduction to the Study of Roman Law (Cambridge University 1932 by Jolowicz; 3d ed. 1972 by Nicholas) at 384–385. Julianus also served in the emperor's inner circle, the consilium principis, which functioned something like a modern cabinet, directing new legislation, but also sometimes like a court of law. "Hadrian organized it as a permanent council composed of members (jurists, high imperial functionaries of equestrian rank, and senators) appointed for life (consiliarii)."Adolph Berger, Encyclopedic Dictionary of Roman Law (Philadelphia: American Philosophical Society 1953), "Consilium principis" at 408. In the 4th-century Historia Augusta,The Historia Augusta purports to be a 3rd-century collection of biographies on Roman emperors written by six different authors. Scholarly consensus now accepts Hermann Dessau's 1889 theory that it is a late 4th-century work by one author. Anthony Birley, "Introduction" 7–22, at 7–8, to the Lives of the later Caesars (Penguin 1976), a partial translation of the Historia August. Thus it was probably the fictitious "Aelius Spartianus" who purportedly wrote, e.g., the Vita Hadriani (at 57–87), and other biographies contained therein. the Emperor Hadrian's consilium principis included Julianus.
Though Julianus for decades served several emperors in succession, at high levels of the Roman imperial government, to investigate the details of his jurisprudence his written works on law are the primary sources. "The task of his life consisted, in the first place, in the final consolidation of the edictal law; and, secondly, in the composition of his great Digest in ninety books."Rudolph Sohm, Institutionen. Ein Lehrbuch der Geschichte und System des römischen Privatrechts (Leipzig: Duncker und Humblot 1883, 12th ed. 1905), translated as The Institutes. A textbook of the History and System of Roman Private Law (London: Oxford University, Clarendon Press, 3d ed. 1907; reprint: Augustus Kelly 1970) at 97–98.
Life and career Julianus was born during the last years of the Emperor Trajan (r. 98–117), probably at the village of Pupput near the Roman colony of Hadrumetum, on the east coast of Africa Province (now modern Sousse in Tunisia). Apparently he came from a Latin-speaking family. At Hadrumetum, an inscription has been discovered which describes his career in office.H. F. Jolowicz and Barry Nicholas, Historical Introduction to the Study of Roman Law (Cambridge University 1932 by Jolowicz; 3d ed. 1972 by Nicholas) at 384 text and note 4.Diana Bowder, editor, Who Was Who in the Roman World (Ithaca: Cornell University 1980) at 119.
He studied law with Javolenus Priscus, the head of the Sabinian school of legal thought. Julianus refers to Javolenus in his mature legal writings.Julianus, his Digesta, at book 42; i.e., Iulianus, liber xlii, digestorum.Centuries later this short text concerning manumissions was quoted in the Digest (or Pandectae) of Justinian (r.527–565); in it Iulianus refers to Javolenus as "praeceptorem meum" [my teacher].Digesta Iustiniani (Byzantium 533), edited by Theodor Mommsen (1818-1903), translated by Alan Watson as The Digest of Justinian (Philadelphia: University of Pennsylvania 1985), volume II: at 40.2.5 (book, chapter, source), "For my part, since I remember that my teacher, Javolenus, had manumitted... ." Even as a young man he was renowned for his learning. According to his contemporary the Roman jurist Sextus Pomponius, Julianus (along with Aburnius Valens and Tuscianus) eventually came to lead for a time this very influential school of jurisprudence. A student of Julianus, namely Sextus Caecilius Africanus, perhaps later followed as the head of this Sabinian school.Adolph Berger, Encyclopedic Dictionary of Roman Law (Philadelphia: American Philosophical Society 1953), "Iulianus" at 522.Yet Prof. Buckland writes, "The last recorded chief of the Sabinians, [Iulianus] was too strong to be bound by the traditions of any school." W. W. Buckland, A Text-Book of Roman Law from Augustus to Justinian (Cambridge University 1923, 3d ed. revised by Peter Stein, 1966) at 29.
During the Principate the classical Roman law flourished.Fritz Schulz, History of Roman Legal Science (Oxford University 1946, 1967) at 99, 126. Roman law's classical period is said to begin with Augustus (r.31 BC–AD 14) and end as Diocletian (r.284–305) was starting the next bureaucratic period. Two schools of legal thought contended: the Proculian (earlier linked to Labeo) and the Sabinian. It appears there was some rivalry between Julianus, who led the Sabinian, and another Roman jurist, a contemporary named Publius Iuventius Celsus, who led the Proculian. Neither one quoted the other in his writings, apparently.H. F. Jolowicz and Barry Nicholas, Historical Introduction to the Study of Roman Law (Cambridge University 1932 by Jolowicz; 3d ed. 1972 by Nicholas) at 385. Among long-standing, close colleagues of Julianus were the aforementioned jurists Africanus and Pomponius.Rudolph Sohm, The Institutes. History and system of Roman private law (Leipzig 1883; Oxford Univ. 3d ed. 1907; reprint 1970) at 98.Of the opinions of Iulianus, many were published with commentary by his student Africanus. Adolph Berger, Encyclopedic Dictionary of Roman Law (Philadelphia: American Philosophical Society 1953), "Africanus" at 356.
During this period Hadrian (r.117–138) also appointed Julianus to revise into final form the Praetor's Edict, which up until then had been announced annually. Thereafter, Iulianus became occupied with writing his own substantial commentary on developments in Roman law, his celebrated Digestorum libri xc [Digesta in 90 books].Fritz Schulz, History of Roman Legal Science (Oxford University 1946, 1967) at 105 (offices held); 127, 148–152 (Edicta praetorum); 130–132, 229–30 (Digestorum libri xc).
Under the next emperor, Antoninus Pius, Julianus continued serving in the imperial council, the consilium principis.Cf., Julius Capitolinus, "Antoninus Pius", 96-107, at 106, in the Historia Augusta translated by Anthony Birley as Lives of the later Caesars (Penguin 1976). Subsequently, he became governor of Germania Inferior under Antoninus Pius, and later governor of Hispania Tarraconensis under the emperor Marcus Aurelius. Julianus then returned to his native region where, c. 168–169, he concluded his career as proconsul of Africa Province. He seems to have died during the co-reign of Lucius Verus (r.161-169).W. W. Buckland, A Text-Book of Roman Law (Cambridge University 1923, 3d ed. revised by Peter Stein, 1966) at 29.
Little is known of his private life. Yet Julianus (whose own date of birth is uncertain) evidently was related to the emperor Didius Iulianus (133–193, r.193). Perhaps through his daughter from Hadrumetum, who married into "one of the most prominent families of Mediolanum" (modern Milan), he became the grandfather of Didius Iulianus, or else his uncle.Cf., Aelius Spartianus, "Didius Iulianus" in the Historia Augusta, translated as Lives of the later Caesars (Penguin 1976), 192–200, at 192 ("his maternal grandfather [was] from the colony of Hadrumetum [Sousse]").Cf., Michael Grant, The Roman Emperors (New York: Scribner's 1985; reprint Barnes & Noble 1997), "Didius" at 105 ("his mother, a North African, was a close relative of Salvius Iulianus, the outstanding lawyer of Hadrian's reign").Compare: H. F. Jolowicz and Barry Nicholas, Historical Introduction to the Study of Roman Law (Cambridge University 1932 by Jolowicz; 3d ed. 1972 by Nicholas) at 384 note 4. Here: "great grandfather", "grandfather", or "uncle". Yet Didius was unfortunately a notorious scoundrel, who nonetheless was evidently raised by the mother of the noble Emperor Marcus Aurelius (r.161–180).Michael Grant, The Roman Emperors (New York: Scribner's 1985; reprint Barnes & Noble 1997), "Didius Julianus" at 105–08.
Legal works
The Praetor's Edict
Soon after 125, the emperor Hadrian appointed Julianus to collect and revise all the edicta praetorum or Praetors' Edicts available. For centuries each incoming praetor urbanus had issued these annual edicts, which announced his legal positions for the next year. "The contents of the praetorian Edict can be summed up as constituting the praetor's programme of office: he is announcing to the public, at the beginning of his term, how he intends to exercise his office."Fritz Schulz, History of Roman Legal Science (Oxford University 1946, 1967) at 150. For centuries, until the end of the Republic (to 44 BC), this document had been a most influential and pervasive legal authority in Roman law.Alan Watson, Law Making in the latter Roman Republic (Oxford University 1974), chapter 3, "Development of the Praetor's Edict", 31–62, e.g., at 35 (summarising the Edict from the 3rd century to 100 BC when follows the "main period of the Edict"). By the 2nd century, however, the Praetor's Edict merely might adopt novel procedures to enforce new legislation made elsewhere, e.g., by imperial enactment. In a senatus consultum, Hadrian directed that the revision by Iulianus thereafter be made perpetual.W. W. Buckland, Text-book on Roman Law. From Augustus to Justinian (Cambridge University 1921, 3rd ed. 1963), the third edition (posthumous) as revised by Peter Stein, at 8-10.Constitutio Tanta (533), per Buckland, A Text-Book of Roman Law (1921 3d ed. 1966 rev'd by Stein) at 10 note 5. Professor Michael Grant writes that his revision proved to be of some use to the poor.Michael Grant, The Roman Emperors (New York: Scribner's 1985; reprint Barnes & Noble 1997), at 79-80. Another scholar writes, "The Edict, that masterpiece of republican jurisprudence, became stabilized. ... By order of [Hadrian] the famous jurist Julian settled the final form of the praetorian and aedilician Edicts."Fritz Schulz, History of Roman Legal Science (Oxford University 1946, 1967) at 127. "The edictal system is so important in the history of juristic systematization... ." Schulz (1946, 1967) at 148.