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PAPINIANUS

Volume 17 · 279 words · 1860 Edition

Æmilius, one of the greatest jurists of antiquity, was born about the middle of the second century, and, after studying under Q. Cervidius Scævola, was appointed advocate fisci by the Emperor Marcus Antoninus. A high-toned integrity, adorned with all the penetration, erudition, and sagacity of a consummate lawyer, was the quality which distinguished his character, and determined the fortunes of his career. It secured for him the confidence of the Emperor Septimius Severus; so that he was appointed in succession libellorum magister and prefectus praetorii. Yet it also brought upon him the enmity of Caracalla, the son and successor of that monarch; for this imperial fratricide felt himself rebuked by the lofty morality of the lawyer, and could not pursue his bloody career in peace until he had put him to death. The writings of Papinian attained a reputation unsurpassed by those of any other Roman jurist. He is quoted with the highest commendation in various parts of the Code of Justinian; and the Constitution of Theodosius and Valentinian sets him up as the chief legal authority. Further, the law students of the third year assumed the name of "Papiniarius," and kept the first day of their session as a festival in honour of the great lawyer after whom they were called. There are 595 excerpts from Papinian's works in Justinian's Digest. They are extracted from the thirty-seven books of his Questiones, the nineteen books of his Respona, the two books of his Definitiones, the two books of his De Adulteria, the single book of his on this same subject, and his Greek fragment on the Office of the Edile. Papinian is also quoted by Paulus, Ulpian, and Marcian.