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JUS AELIA´NUM

JUS AELIA´NUM was a compilation by Sextus Aelius Paetus, called Catus “the shrewd” (Gel. 4.1.20), who was aedile B.C. 200, consul 198, censor 193 (Liv. 31.50; 32.7; 35.9), and who is described by his contemporary Ennius as “egregie cordatus homo Catus Aelius Sextus.” He is also frequently mentioned with praise by Cicero (Cic. Brut. 20, 78; de Rep. 1.18, 30; de Or. 1.45, 198, 3.33, 133). According to Pomponius (Dig. 1, 2, 2.7), the Jus Aelianum was composed not long after the publication of the Jus Flavianum, in order to supply certain kinds of action which were required “quia durant quaedam agendi genera, alias actiones composuit et librum populo dedit, qui appellatur Jus Aelianum.” In another paragraph ( § 38) of the same title of the Digest we learn from Pomponius that Sextus Aelius was the author of a work called Tripertita, which contained the law of the Twelve Tables, the juristical interpretations of that law (interpretatio), and the legis actiones. This collection of early law was still in existence when Pomponius wrote.

It is a question whether Tripertita and Jus Aelianum are only two names for the same book, or whether they signify two distinct compilations. Cicero speaks of some commentarii of Aelius (de Or. 1.56, 240; Top. 2, 10), which may or may not be identical with the Tripertita or Jus Aelianum mentioned by Pomponius. (Huschke, Zeitschr. f. gesch. Rechtsw. 15.177; Karlowa, Rechtsgesch. i. p. 475; Krüger, Gesch. d. Quellen u. s. w.; Roby, Introduction to the Digest, ch. vii. p. xciii.)

[G.L] [E.A.W]

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