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ment of the Lex Fabia de Plagiariis had fallen into disuse. Now that penalty was still in existence in the reign of Diocletian and Maximilian (Cod. 9. tit. 20. s. 6), who first made kidnapping a capital offence (Cod. 9. tit. 20. s. 7). He was acquainted (Dig. 4. tit. 4. s. 7) with the constitution of Constantine, bearing date a. d. 331, by which the right of appeal from the sentences of the praefecti praetorio was abolished (Cod. Theod. 11. tit. 30. s. 16; Cod. Just. 7. tit. 62. s. 19). Jacques Godefroi, in the commencement of his Prolegomena to the Theodosian Code (vol. i. p. 193), cites several passages which make it likely that Hermo-genianus survived Constantine, and wrote under the reign of his sons. Thus, in Dig. 28. tit. 1. s. 41, Dig. 39. tit. 4. s. 10, Dig. 49. tit. 14. s. 46.
•§ 7, he speaks of principes and imperatores in the plural number. The fact of his being contemporary with Constantine may have led to the notion that he was a Christian. Bertrandus (de Jurisp. i. 38) endeavours to prove that he was so, from the mention which he makes in Dig. 24. tit. 1. s. 60, of divorce, " Propter sacerdotium, vel etiam sterilita-tem ;" but, on the one hand, a divorce for barrenness was not in conformity with the then prevalent doctrine of the Christian church, and, on the other hand, it was not unusual for Gentiles, on entering the priesthood, to dismiss their wives. (Tertullian, ad TJxorem^ lib. i.)
Before his time, the living spirit of jurisprudence had departed. He is a mere compiler, and his language, like that of Charisius, is infected with barbarisms. He wrote Juris Epitomae in six books, following the arrangement of the edict (Dig. 1. tit. 5. s. 2). He appears in particular to have copied from Paulus, by whose side he is repeatedly quoted in the Digest. From his Epitomae there are 106 extracts in the Digest, occupying about ten pages in the Palingenesia of Hommel. From the inscription of Dig. 36. tit. 1. s. 14, it has been supposed that he wrote Libri Fideieommissorum, but there is no mention of such a work in the Florentine Index; and, as the preceding and following extracts are taken from Ulpian's Libri IV. Fideicommis-sorum, it is not unlikely that his name has been inserted by mistake, instead of Ulpian's.
It is probable that he was the compiler of the Codex Hermogenianus (Diet, of Ant. s. v. Codex Gregorianus and Hermogenianus), but so many persons of the same name lived nearly at the same time, that this cannot be affirmed with certainty. (Ritter, ad Heinec. Hist. Jur. Rom. § 369).
(Strauchius, Vitae Vet.lCt. p. 22; Jos. Finestres,
•Comment, in Hermogeniani ICti Juris JEpit. Libros
VI. 4to. Cervariae Lacetanorum, 1757 ; Manage,
Amoen. Jur. c. 11; Guil. Grotius, de Vit. ICtorum,
ii. 12. § 8; Bynkers, Obs. vi. 21; Zimmern,
•R. R. G. vol. i. § 104.) [J. T. G.]
HERMOLAUS ('Eftuo'Aaos), son of Sopolis, was one of the Macedonian youths who, according to a custom instituted by Philip, attended Alexander the Great as pages. It was during the residence of the king at Bactra in the spring of b.c. 327, that a circumstance occurred which led him, in conjunction with some of his fellow pages, to form a conspiracy against the life of Alexander. Among the duties of the pages j-who were in almost constant attendance on the king's person, was that of accompanying him when hunting, and it was on of these occasions that he gave offence to. the y by slaying a wild boar, without waiting to
allow Alexander the first blow. Highly incensed at this breach of discipline, the king ordered him to be chastised with stripes, and further punished by being deprived of his horse. Hermolaus, a lad of high spirit, already verging on manhood, could not brook this indignity : his resentment was in flamed by the exhortations of the philosopher Cal- listhenes, to whom he had previously attached himself as a pupil, and by the sympathy of his most intimate friend among his brother pages, Sos- tratus. The two youths in concert at length formed the scheme of assassinating the king while he slept, the duty of guarding his bed chamber de volving upon the different pages in rotation. They communicated their plan to four of their companions, and the secret was inviolably kept, though thirty- two days are said to have elapsed before they had an opportunity of executing their project. But all things having been at length arranged for a certain night, during which Antipater, one of their num ber, was to keep watch, the scheme was accident ally foiled, by Alexander remaining all night at a drinking party, and the next day the plot was di vulged by another of the pages, to whom it was communicated, in hopes of inducing him to take part in it. Hermolaus and his accomplices were immediately arrested, and subsequently brought before the assembled Macedonians, by whom they were stoned to death. It appears, however, that they had been previously submitted to examination by torture, when, according to one account, they implicated Callisthenes also in their conspiracy ; according to another, and on the whole a more probable one, they maintained that the plot had been wholly of their own devising. [callisthe nes.] Some authors also represented Hermolaus as uttering before the assembled Macedonians a long harangue against the tyranny and injustice of Alexander. (Arr. Anab. iv. 13, 14 ; Curt* viii. 6—8; Plut. Alex. 55.) [E. H. B.]
HERMOLAUS ('EfturfAaos), a Greek gram marian of Constantinople, of whom nothing more is known with certainty than that he wrote an epitome of the 'EQvucd of Stephanus of Byzantium, which he dedicated to the emperor Justinian. (Suidas, s. v. 'E/o^Aoos.) But whether he lived in the reign of the first or in that of the second emperor of that name cannot be clearly ascertained. There seems no reason for doubting that the epi tome of Hermolaus is the same which is still ex tant, and which bears the title " 'E/c tuv sQviKwv "2r€(pdt/ou Kara eirirofjidv," but without the name of the author. In its present form even this epi tome seems to have suffered considerable abridg ment and mutilation. Some passages in the work have been supposed to furnish a few particulars respecting the life of Hermolaus ; but as the more probable opinion seems to be that they are mere verbal extracts from the work of Stephanus, an account of them is given under stephanus. (Fa bric. Bibl. Graec. vol. iv. p. 622, &c.; Westermann, Praefat.adSteph.Byzant. pp.v.xxiv.&c. [C.P.M.] HERMOLA'US, statuary. [polydectus.] HERMO'LYCUS ('EpjuoAvKos), an Athenian, son of Euthynus, was distinguished as a pancra- tiast, and gained the dpiareia at the battle of Mycale, in b. c. 479. He was slain in the war between the, Athenians and Carystians, which took place about b. c. 468. Pausanias mentions a statue of him in the Acropolis at Athens. (Herod, ix. 105 ; Thuc. i. 98; Paus. i. 23.) [E. E.]