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iii. 16, and:Mr. Adams's note, vol. L p. 390), and
Js curious and interesting. The second fragment
•is less interesting, and consists of about 100
verses. It was first published in a separate form
in Greek and Latin by Fred. Morell, Paris, 8vo.
1591, and is to be found in the first volume of
Fabricius, Bibl. Gr. ed. vet., and elsewhere. (See
Choulant, Handb. der Bucherkunde fur die Aeltere
Medicin.) [ W. A. G.]
MARCELLUS, SEX. VA'RIUS, a native of Apameia, the husband of Julia Soemias, by whom he was the father of Elagabalus. [See genealogical table prefixed to caracalla.] He frequently discharged the duties of an imperial procurator, and was admitted into the senate. His various designations, titles, and distinctions, have been preserved in a bilinguar inscription discovered near Velitrae, which was published at Rome in 1765, accompanied by a dissertation, and which are given by Eckhel, vol. vii. p. 245. After him, Elagabalus was originally called Varius Avitus Bassianus, and he gave his name to the Thermae Varianae, placed by Victor in the xiiitti Region. (Dion Cass. Ixxviii. 30.) [W. R.l
MARCELLUS, VICTO'RIUS, was the person to whom Quintilian dedicated his work, De Institutione Oratorio,. He was apparently a man of rank and learning. A son of Marcellus was educated by Quintilian. (Quint. Ep. ad Trypli.^ fnst. i. proem. Hi.proem, vi. proem, xii. fine.") See Dodwell, Ann. QuintiL § 27. Statius inscribed the third book of his Silvae to Marcellus. [W. B. D.]
MARCELLUS, U'LPIUS. The period of this jurist is determined by Capitolinus (Antonin. Pius, 12), who states that Marcellus was one of the legal advisers of the emperor Antoninus Pius, and enumerates with him, Salvius Valens, Javolenus, and others. It also appears from his own writings that Marcellus lived under Pius, for he mentions a decision of Aurelius Antoninus (Dig. 35. tit. 1. s. 48); if Aurelius Antoninus here means Pius, and not Marcus his successor. That he was living under the Divi Fratres, Marcus Antoninus and L. Verus, appears from a reference which he makes to an oration of the two emperors respecting tutors giving security (satisdatio). The passage is a citation by Ulpian from Marcellus, and the term Divi may be, and appears to be, the addition of Ulpian, and therefore does not prove that Marcellus survived Marcus Antoninus (Dig. 26. tit. 2. s. 19). Marcellus also quotes a judgment of Antoninus Augustus (Dig. 28. tit. 4. s. 3), by whom he means M. Antoninus, as appears from his naming the consuls Pudens and Pollio, who belong to a. d. 166. The question turned upon a will, in which the testator had cancelled the names of the heredes in his testament, and his property was claimed by the fiscus. as bona caduca. The case was argued before the emperor by the advocati of the fiscus and the advocati of the claimants under the will. The emperor's judgment was in favour of the equitable interpretation, but against the strict law.
The conjecture that the Ulpius Marcellus, who commanded in Britain in the reign of Commodus, is the jurist, hardly needs refutation. The only ground for it is the sameness of name, to which it is objected that Dion Cassius, who speaks of the military talent of Ulpius Marcellus, says nothing of his legal reputation (Dion Cassius, Ixxii. 8, and the note of Reimarus). Besides this, it is very unlikely that a man who had been a jurist during
the reigns of Pius and Marcus, the latter of which lasted near twenty years, should turn soldier under Commodus, the successor of Marcus, in the year a. d. 182. The soldier Marcellus may have been the son of the jurist.
The works of Marcellus mentioned in the Flo rentine Index are, thirty-one books of Digesta, six books on the Leges Julia et Papia, and a book of Responsa. But there are excerpts from other works of his in the Digest, as a work entitled " Publica" (Dig. 3* tit. 2. s. 22), the object of which may be collected from its being referred to under the title " De iis qui infamia notantur ;" on the office of a praesul (Dig. 4. tit. 4. s. 43) ; and on the office of a consul, the fifth book of which is quoted by Mar- cianus (Dig. 40. tit. 15. s. 1). Marcellus also commented on the writings of Salvius Julianus (Dig. 4. tit. 4. s. 11), and on Pomponius (Dig. 7. tit. 4. s. 29). Marcellus was commented on by Cervidius Scaevola (Dig. 24. tit. 1. s. 11) and Ulpian. He is often cited by subsequent jurists, especially Paulus and Ulpian, and by Modestinus, one of the latest of the jurists. There are 159 ex cerpts from Ulpius Marcellus in the Digest. This notice differs in some matters from that of Zim- mern, Geschichte des Rom. Privatrechts, vol. ii. p. 358, whose authorities do not always agree with his text. [G.L.]
MARCIANA, the sister of Trajan, who, if we may believe the panegyric of Pliny (Paneg. 84X was a woman of extraordinary merits and virtue. She was the mother of Matidia, who was the mother of Sabina, the wife of the emperor Hadrian [matidia], but we do not know the name of her husband. We learn from Pliny that she received from the senate the title of Augusta, which we also find upon coins and inscriptions; and after her death she was enrolled among the gods, and is therefore called Diva on coins and inscriptions. The year of her death is uncertain ; but it appears from one inscription that she was alive in A. d. 106, and from another that she had ceased to live in a. d. 115. It was in honour of her that Trajan gave the name of Marcianopolis to a city in Lower, Moesia, on the Euxine. (Eckhel, vol. vi. p. 467? &c.)
COIN OF MARCIANA.
4. The second wife of M. Cato Uticensis, to whom she bore many children, was the daughter of L. Marcius Philippus, consul b. c. 56. It was about the year b. c. 56 that Cato is related to have ceded her to his friend Q. Hortensius, with the approbation of her father: gome remarks upon this