JAVOLENUS. direction of the testator that so much money should be thrown into the sea. Tlie two cases so com- pared in their legal effects have some resemblances and some differences. The other passage contains an opinion of Javolenus, which, instead of betray- ing any symptom of insanity, rests upon sound legal principles, and is correctly decided. In ge- neral, the writings of Javolenus manifest an accu- rate knowledge of antiquity, and of the works of preceding jurists. He is several times cited by some of the most eminent of his successors — Ju- lianus, Valens, Gains, Ulpian, and Paulus. When the name Priscus alone occurs, as in Ulpiani Frag- inenia, tit. 11. s. 28, Javolenus, and not Neratius Priscus, is to be understood. In an extract from Ulpian, Dig. 7. tit. 8. s. 10. § 2, we find the ex- pression " Et Priscus et Neratius." There are 206 extracts from Javolenus in the Digest, occupying twenty-three pages in Hommel. He wrote, 1. Ex Cassio Lihri XV., commentaries upon some work of Caius Cassius Longinus, a leader of the school to which Javolenus belonged. In this work he rarely departs from the opinion of Cassius, whom in two passages he cites by his praenomen Gaius alone. (Dig. 85. tit. 1. s. 54, Dig. 46, tit. 3. $ 78.) 2. Epistolarum Lihri XIV., consisting of opinions in answer to legal cases. 3. Ad Flautiam, or Ex Flauiio, commentaries on Plautius, a jurist who lived under Vespasian. 4. Lihri ex Fosteri- oribus, or Fosteriorum Labeonis, Fosteriorum Lahe- onis a Javoleno Epitomatorum Lihri, or Fosteriorum Luheonis Epitome. It is not certain whether these titles designate the same or different works. The Fosteriora was a posthmiious work of Labeo, and took its name from being published after the death of its author. (Gell. xiii, 10.) It is probable that Javolenus not only edited the Fosteriora with a commentary, but published an abridgment. (Blume in Savigny's Zeiischrift, vol. iv. pp. 318 — 324.) Javolenus has been thought to be sometimes cap- tious in his criticisms on Labeo, who was the founder of the opposite school. Gellius (xiii. 10) mentions the 40th book of the Posteriora of Labeo; the 37th is cited in Dig. 4. tit. 3. s. 9. § 3, and the 38th in Dig. 48. tit. 13. s. 9. § 2 and 6 ; yet the Florentine Index, under the name Labao, speaks of ten books only, and under the name Javolenus makes no reference to the Posteriora. The com- pilers of the Digest seem not to have been ac- quainted with the Posteriora of Labeo in any other form than the edition of Javolenus, and the Epi- tome, as well as the " Javohni Lihri ex Fosterioribus Labeonis' (if they were distinct), consisted each of ten books. The extract in Dig. 40. tit, 12. s. 42, though headed " Labeo Libro quarto Posteriorum," is undoubtedly taken from the edition of Javolenus, for at the end of the extract are these words : " Ja- volenus : haec vera sunt." The 1st book, as may be collected from the extracts in the Digest, treated of testaments, the 2nd and 3rd of legacies, the 4th and 5th of contracts, the 6th of Dos and Nuptiae. From the 7th there is no extract. The 8th treated of tutela, the 9th of private delicta, the lOth of procedure. (Regius in Otto. T/ies. Juris j vol. ii. p. 1473, seq.) (The modem biographers of Javolenus have been very numerous. The best and ablest is Van Al- phen, whose Spicilegia de Javoleno Frisco Icio et specimen ohservationum ad quaedam ejus fragmenta in Fandectis obvia, first published 4to, Ultraj. 1768, was reprinted in the excellent collection of ICADIUS. 557 Ger. Oelrichs, entitled " TJiesauriis Novus Disser- tationum Juridicarum selectissimarum in Academiis Belgicis hahitarum,' vol. iii. torn. i. pp. 1 — 94 ; Glob. Aug. Jenichen, de Frisco Javoleno Ida in- comparahili, 4to. Lips. 1734 ; Jo. Glieb. Lindner, de Javoleno Frisco Icto, 4to. Arnstadtii, 1770 ; 1^ eiiher. Die juristischen Klassiker, pp. 146 — 182; Ferd. Kammerer, Beitr'dge zur Geschichte und The- orie des R'omisclien Redds, vol. i. num. 6, pp. 245 —254.) [J. T. G.] I'BYCUS {'l€vKos), the fifth lyric poet in the Alexandrine canon, was a native of Rhegium. One writer calls him a Messenian, no doubt because the survivors of the second Messenian War formed a considerable portion of the population ot Rhegium. His father's name is differently stated, as Phytius, Polyzelus, Cerdas, Eelidas, but Phytius is probably the right name. The best part of his life was spent at Samos, at the court of Polycrates, about 01. 60, B. c. 540. Suidas erroneously places him twenty years earlier, in the time of Croesus and the father of Polycrates. We have no further accounts of his life, except the well-known story, about which even some doubt has been raised, of the manner of his death. While travelling through a desert place near Corinth, he was attacked by robbers and mortally wounded, but before he died he called upon a flock of cranes that happened to fly over him to avenge his death. Soon afterwards, when the people of Corinth were assembled in the theatre, the cranes appeared, and as they hovered over the heads of the spectators, one of the mur- derers, who happened to be present, cried out involuntarily, " Behold the avengers of Ibycus :" and thus Avere tlie authors of the crime detected. The phrase at 'l§viwv yepauoi. passed into a pro- verb. (Suid. ; Antip. Sid. Epig. 78, ap. Brunck, Anal. vol. ii. p. 27 ; Pint, de Garrul. p. 610, a.) The argument against this account of the poet's death, adduced by Schneidewin from another epigram in the Anthology (Brunck, Anal. vol. iii. p. 262), which seems to imply that Ibycus was buried at Rhegium, is answered by reference to the prevail- ing practice of erecting cenotaphs to the memory of great men, especially in their native place. The story at all events proves one thing, namely, that Ibycus was loved as well as admired by his con- temporaries, who therefore thought that he ought to be dear to the gods. His poetry was chiefly erotic, and partook largely of the impetuosity of his character. The charge of iraibepairrla is brought against him above all other erotic poets. (Cic. Tttsc. iv. 33.) Others of his poems were of a mythical and heroic character, but some of these also were partially erotic. In his poems on heroic subjects he very much resembled Stesichorus, his immediate predecessor in the canon. In his dialect, as well as in the chaiacter of his poetry, there was a mixture of the Doric and Aeolic. Suidas mentions seven books of his lyric poems, of which only a few fragments now remain. The best edition of the fragments is that of Schneidewin. (Schneid. Ibyd Carm. Rellq., with an introductory Epistle from K. 0. Mliller, Getting. 1835, 8vo. ; Schneid. Delect. Foes. Eleg. ; MuUer, Dorier, vol. ii. p. 350 ; Bergk, Frag. Foet. Lyr. Grace, Welcker, R]iei7i. Mus. 1832, vol. iii. p. 401, Kleirie Schriften, vol. i. p. 100 ; Bode, Ulrici, Gesch. d. Hellcn. Dichtkunst ; IMiiller, Bernhardy, Gesclud. Hell. Lit.) [P- S.J ICA'DIUS, a Cretan, and brother of lapys, who
