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Aemilius Papinianus (; grc, Αἰμίλιος Παπινιανός; 142 CE–212 CE), simply rendered as Papinian () in English, was a celebrated
Roman Roman or Romans most often refers to: *, the capital city of Italy *, Roman civilization from 8th century BC to 5th century AD *, the people of ancient Rome *', shortened to ''Romans'', a letter in the New Testament of the Christian Bible Roman ...
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholarnot necessarily with a formal qualification in law or a lawyer, legal practitioner, although in the U ...
, ''magister libellorum'', attorney general (''advocatus fisci'') and, after the death of
Gaius Fulvius Plautianus Gaius or Lucius Fulvius Plautianus (c. 150 – 22 January 205) was a member of the Roman ''gens'' Fulvia. Like Sejanus, Tigidius Perennis, Perennis and Marcus Aurelius Cleander, Cleande, as head of the Praetorian Guard, he was formally extraordin ...
in 205 CE,
praetorian prefect The praetorian prefect ( la, praefectus praetorio, el, ) was a high office in the Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Repub ...
. Papinian was one of the most revered jurists in ancient Rome, as third year law students were given the title "''Papinianistae''" (meaning "they that are worthy to study Papinian"). In his time, he had been called "the Asylum of Right and Treasurer of the Laws". Along with
Gaius Gaius, sometimes spelled ''Gajus'', Cajus, Caius, was a common Latin praenomen The praenomen (; plural: praenomina) was a given name, personal name chosen by the parents of a Ancient Rome, Roman child. It was first bestowed on the ''dies lustri ...
, Paulus,
Modestinus Herennius Modestinus, or simply Modestinus, was a celebrated Roman jurist, a student of Ulpian who flourished about 250 AD. He appears to have been a native of one of the Greek language, Greek-speaking provinces, probably Dalmatia (Roman province ...

Modestinus
and
Ulpian Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman Roman or Romans most often refers to: *, the capital city of Italy *, Roman civilization from 8th century BC to 5th century AD *, the people of ancient Rome *', short ...

Ulpian
, he was made one of the five jurists whose recorded views were considered decisive by the
Law of Citations The Law of Citations (''Lex citationum'') was a Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Ju ...
of 426 CE; their views would later be considered the only suitable ones to be cited as primary sources for the ''
Codex Theodosianus The ''Codex Theodosianus'' (Eng. Theodosian Code) was a compilation of the laws Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against huma ...

Codex Theodosianus
'' and the ''
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of . Scholars of ...
'', provided that Papinian's views prevailed whenever those of the four other jurists were not congruent. French jurist
Jacques Cujas ''Opera omnia'', 1722. Jacques Cujas (or Cujacius) (1522 – 4 October 1590) was a French legal expert. He was prominent among the legal humanists or ''mos gallicus'' school, which sought to abandon the work of the medieval Commentators and c ...

Jacques Cujas
later wrote that "there was never such a great lawyer before, nor ever will be after him".


Life

Little is known about Papinian. He was of
Arab The Arabs (singular Arab ; singular ar, عَرَبِيٌّ, : , Arabic pronunciation: , plural ar, عَرَبٌ, : , Arabic pronunciation: ) are an mainly inhabiting the . In modern usage the term refers to those who originate from an Arab co ...

Arab
birth and a native of
Emesa ar, حمصي, HimsiHimsi or Homsi is an Arabic locational surname, which means a person from Homs, Syria.Abu Assali, Sarah. (2012)"The Eye of the Beholder" ''Syria Today Magazine'', October 10. Retrieved on 25 January 2016. The name may refer to ...

Emesa
, for he is said to have been a kinsman of
Septimius Severus Lucius Septimius Severus (; 11 April 145 – 4 February 211) was Roman emperor from 193 to 211. He was born in Leptis Magna (present day Al-Khums, Libya) in the Roman province of Africa (Roman province), Africa. As a young man he advanced thro ...
' second wife,
Julia Domna Julia Domna (; – 217 AD) was Roman empress from 193 to 211 as the wife of Emperor Septimius Severus. She was born in Emesa (present-day Homs) in Roman Syria to an Arab family of priests of the deity Elagabalus (deity), Elagabalus. In 187, s ...

Julia Domna
, who was a member of the
Emesene dynasty The Emesene (or Emesan) dynasty, also called the Sampsigeramids or the Sampsigerami, were a Roman client dynasty of Arab priest-kings known to have ruled by 46 BC from Arethusa and later from Emesa, Syria Syria ( ar, سُورِيَا, '' ...
. One source shows him as a follower of the
casuistry Casuistry ( ) is a process of reasoning Reason is the capacity of consciously making sense of things, applying logic Logic (from Ancient Greek, Greek: grc, wikt:λογική, λογική, label=none, lit=possessed of reason, intellectua ...
of
Quintus Cervidius ScaevolaQuintus Cervidius Scaevola (fl. 2nd century AD) was a Roman jurist of the equites, equestrian order. Both the ''Historia Augusta'Historia Augusta'', "Marcus Antoninus Philosophus"11.10/ref> and the ''Tabula Banasitana'' attest that Scaevola was a ...
, another shows him to have been his pupil. A concurring (but dubious) passage in the ''
Augustan History The ''Historia Augusta'' (English: ''Augustan History'') is a late Roman collection of biographies A biography, or simply bio, is a detailed description of a person's life. It involves more than just the basic facts like education, work, r ...
'' claims that he studied law with Severus under Scaevola. Papinian was an intimate friend of Emperor Severus and accompanied him to
Britain Britain usually refers to: * United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United ...

Britain
during 207 CE, where he served in "the forum of York" in response to an uprising by
Scottish Highlanders The Highlands ( sco, the Hielands; gd, a’ Ghàidhealtachd , 'the place of the Gaels The Gaels (; ga, Na Gaeil ; gd, Na Gàidheil ; gv, Ny Gaeil ) are an ethnolinguistic group native to Ireland Ireland (; ga, Éire ; Ulster Sco ...
. He was at some time made an attorney general (''advocatus fisci''), master of petitions (requests), ''magister libellorum'', by Severus. He also served as Treasurer and Captain of the Guard for the Emperor. Before the emperor's death, he commended his two sons
Caracalla Caracalla ( ; 4 April 188 – 8 April 217), formally known as Antoninus (Marcus Aurelius Antoninus), was Roman emperor from 198 to 217. He was a member of the Severan dynasty, the elder son of Septimius Severus and Julia Domna. Co-ruler ...

Caracalla
and Geta into the lawyer's charge.


Death

Sharing in the governorship of the Roman Empire with Geta proved unsatisfactory for Caracalla, who decided at some time to usurp his brother. Papinian, trying to keep peace between the brothers, only proved to encourage the hatred of Caracalla, consequently passing an order to have the lawyer beheaded (Spartianus, ''Caracalla''), and his body dragged through the streets of Rome. His death followed the 212 CE fratricide of Geta, amongst the general slaughter of his friends and those perceived associated with him, according to one source estimated as 20,000 persons. The author of the 1911 ''
Encyclopædia Britannica The (Latin for "British Encyclopaedia") is a general knowledge English-language encyclopaedia which is now published exclusively as an online encyclopedia, online encyclopaedia. It was formerly published by Encyclopædia Britannica, Inc., ...
'' article states that the details of Papinian's death "are variously related, and have undergone legendary embellishment." Papinian's death was the subject of a play by
Andreas Gryphius Andreas Gryphius (german: Andreas Greif; 2 October 161616 July 1664) was a German poet and playwright. With his eloquent sonnets, which contains "The Suffering, Frailty of Life and the World", he is considered one of the most important poets of ...

Andreas Gryphius
(1659).


Works

Much of his output has been lost, as what we have is small compared to other jurists such as
Ulpian Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman Roman or Romans most often refers to: *, the capital city of Italy *, Roman civilization from 8th century BC to 5th century AD *, the people of ancient Rome *', short ...

Ulpian
or
Paul Paul may refer to: *Paul (name), a given name (includes a list of people with that name) *Paul (surname), a list of people People Christianity *Paul the Apostle (AD 5–67), also known as Saul of Tarsus or Saint Paul, early Christian missionar ...
. The principal works of Papinian include: ''Quaestiones'' in 37 books (written before 198 CE); nineteen books of Translated by John Ashton Cross (title-subject sourced originally i
Pollock & Maitland - The History of English Law, Volume 1
''Responsa'' (written sometime between 204 CE and his death); two books, the ''Definitiones'' and ''De adulteriis'', and other works, the shortest of these being Αστυνόμικος (City-Administration) which was a manual on the duties for commissioners of streets and bridges.


References


External links

* {{DEFAULTSORT:Papinian 142 births 212 deaths Ancient Roman jurists Severan dynasty Aemilii 2nd-century Romans 3rd-century Romans 2nd-century writers 3rd-century writers Praetorian prefects People from Homs Syrian jurists