Aelius Marcianus
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Aelius Marcianus was a
Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *''Epistle to the Romans'', shortened to ''Romans'', a letter ...
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
who wrote after the death of
Septimius Severus Lucius Septimius Severus (; 11 April 145 – 4 February 211) was Roman emperor from 193 to 211. He was born in Leptis Magna (present-day Al-Khums, Libya) in the Roman province of Africa (Roman province), Africa. As a young man he advanced thro ...
, whom he calls ''Divus'' in his excerpts from the ''
Pandects The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine e ...
''. Other passages in the same source show that he was then writing under
Antoninus Caracalla Marcus Aurelius Antoninus (born Lucius Septimius Bassianus, 4 April 188 – 8 April 217), better known by his nickname "Caracalla" () was Roman emperor from 198 to 217. He was a member of the Severan dynasty, the elder son of Emperor Se ...
, the son and successor of Severus. It also appears from his ''Institutiones'' that he survived Caracalla. It is therefore probable that he also wrote under
Alexander Severus Marcus Aurelius Severus Alexander (1 October 208 – 21/22 March 235) was a Roman emperor, who reigned from 222 until 235. He was the last emperor from the Severan dynasty. He succeeded his slain cousin Elagabalus in 222. Alexander himself was ...
, whose reign commenced 222 AD. Caracalla died in 217. Another Aelius Marcianus is cited in the ''
Pandects The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine e ...
'', who was
proconsul A proconsul was an official of ancient Rome who acted on behalf of a consul. A proconsul was typically a former consul. The term is also used in recent history for officials with delegated authority. In the Roman Republic, military command, or ' ...
of
Hispania Baetica Hispania Baetica, often abbreviated Baetica, was one of three Roman provinces in Hispania (the Iberian Peninsula). Baetica was bordered to the west by Lusitania, and to the northeast by Hispania Tarraconensis. Baetica remained one of the basic ...
in the time of
Antoninus Pius Antoninus Pius (Latin: ''Titus Aelius Hadrianus Antoninus Pius''; 19 September 86 – 7 March 161) was Roman emperor from 138 to 161. He was the fourth of the Five Good Emperors from the Nerva–Antonine dynasty. Born into a senatoria ...
. The works of Marcianus, from which there are excerpts in the ''
Pandects The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine e ...
'', are: *Sixteen books of ''Institutiones'', from which there are excerpts in the ''Pandects'': this work was also used for the compilation of
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...
's ''
Institutions Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...
''; *Two books on ''Publica Judicia''. *Two books on ''Appellationes''. *Five books titled ''Regularia''. *A single book on ''Delatores''. *A single book on the ''Hypothecaria Formula''. *A single book ''ad Sct. Turpillianum''. Marcianus also wrote notes on
Papinian Aemilius Papinianus (; grc, Αἰμίλιος Παπινιανός; 142 CE–212 CE), simply rendered as Papinian () in English, was a celebrated Roman jurist, ''magister libellorum'', attorney general (''advocatus fisci'') and, after the dea ...
. Marcianus is cited by
Ulpian Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to ...
us and Paulus. There are 275 excerpts from Marcianus in the ''
Pandects The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine e ...
''. There are
rescript In legal terminology, a rescript is a document that is issued not on the initiative of the author, but in response (it literally means 'written back') to a specific demand made by its addressee. It does not apply to more general legislation. Over ...
s addressed by
Alexander Severus Marcus Aurelius Severus Alexander (1 October 208 – 21/22 March 235) was a Roman emperor, who reigned from 222 until 235. He was the last emperor from the Severan dynasty. He succeeded his slain cousin Elagabalus in 222. Alexander himself was ...
to "A. Marcianus" and to "A. Martianus", which may be the same name, and one by Gordian to "A. Martianus" in the year 239;Cod. 4. tit. 21. s. 4 but this may be a different person from the jurist whose writings are excerpted in the ''Pandects''.


References

{{DEFAULTSORT:Aelius Marcianus 3rd-century Romans 3rd-century Latin writers Ancient Roman jurists Year of birth unknown Year of death unknown
Marcianus Marcian (; la, Marcianus, link=no; grc-gre, Μαρκιανός, link=no ; 392 – 27 January 457) was Roman emperor of the Byzantine Empire, East from 450 to 457. Very little of his life before becoming emperor is known, other than that he wa ...