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]
