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Marcia'nus, Ae'lius

a Roman jurist, who wrote after the death of Septimius Severus, whom he calls Divus (Dig. 50. tit.4. s. 7). Another passage (48. tit. 17. s. 1 ) shows that he was then writing under Antoninus Caracalla, the son and successor of Severus. It also appears from his Institutions, that he survived Caracalla (Dig. 35. tit. 1. s. 33; Cod. 9. tit. 8. s. 8 ). It is therefore probable that he also wrote under Alexander Severus, whose reign commnenced A. D. 222. Caracalla died A. D. 217. Another Aelius Marcianus is cited in the Digest, who was proconsul of Baetica in the time of Antoninus Pius (Dig. 1. tit. 6. s. 2, where Ulpian gives the rescript of Pius addressed to this Marcianus).

The works of Marcianus, front which there are excerpts in the Digest, are :--Sixteen books of Institttiones, from which there are excerpts in the Digest : this work was also used for the compilation of Justinian's Institutions (compare Inst. 4. tit. 3. s. 1, and Dig. 32. s. 65.4; Inst. 2. tit. 18, " hoc colore," &c., and Dig. 5. tit. 2. s. 2); two books on Publica Judicia; two books on Appellationes ; five books entitled Regularia; a single book on Delatores; a single book on the Hypothccaria Formula; and a single book ad Sct. Turpillianum. He also wrote notes on Papinian. Marcianus is cited by Ulpianus and Paulus. There are 275 excerpts from Marcianus in the Digest. Zimmern (Geschichte des Röm. Privatreckts) cites a work by G. Oelrichs, De Vita, Studüs, Honoribus et Scriptis Ael. Marciani ICti. Traj. ad Rhen. 1754. 4to.

There are rescripts addressed by Alexander Severus to A. Marcianus (Cod. 2. tit. 13. s. 6) and to A. Martianus, which may be the same name (Cod. 7. tit. 21. s. 4), 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 Digest.


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