Aemilius Papinianus
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Aemilius Papinianus
| Aemilius Papinianus | |
|---|---|
 |
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| Born | 142 Syria |
| Died | 212 Rome |
| Allegiance | Roman Empire |
| Years of service | 205–212 |
| Rank | Praetorian prefect |
| Unit | Praetorian Guard |
Aemilius Papinianus (142–212), also known as Papinian, was a celebrated Roman jurist, magister libellorum and, after the death of Gaius Fulvius Plautianus in 205, praetorian prefect.
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Contents
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Life
Little is known about Papinianus. He was perhaps of Syrian birth and a native of Emesa, for he is said to have been a kinsman of Septimius Severus' second wife, Julia Domna.[1]
One source shows him as a follower of the casuistry[2] of Quintus Cervidius Scaevola,[3] another shows him to have been his pupil.[4][5] A concurring (but dubious) passage in the Augustan History claims that he studied law with Severus under Scaevola.
Papinianus was an intimate friend of the emperor Severus and accompanied him to Britain during 207,where he served in "the forum of York"[6] in response to an uprising by Scottish Highlanders.[7] He was at some time made a master of petitions (requests), magister libellorum, by Severus.[3] He also served as Treasurer and Captain of the Guard for the Emperor.[5] Before the emperors' death, he commended his two sons Caracalla and Geta into the lawyers' charge. Sharing in the governship of the Roman Empire with Geta proved unsatisfactory for Caracalla, who decided at sometime 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 (Spart. Caracall. 4),[5][4][1] and his body dragged through the streets of Rome.[8] His death was following the 212 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. [7]
The author of the 1911 Encyclopædia Britannica article though states that the details of Papinianus' death "are variously related, and have undergone legendary embellishment."
Works
Much of his output has been lost, as what we have is small compared to other jurists such as Ulpian or Paul. The principal works of Papinianus include: Quaestiones in 37 books (written before 198); nineteen books of [9] Responsa (written sometime between 204 and his death); two books of [9] Definitiones; two books [10] De adulteriis, and other works ,[9] the shortest of these being Αστυνόμικοσ which was a manual on the duties for commissioner's of streets and bridges.[10]
Papinianus was one of the most revered of Roman Jurists by the Romans, as third year law students were given the title "Papinianistae" ("they that are worthy to study Papinian").
| “ | ... there was never such a great lawyer before, nor ever will be after him ... - Cujacius [5] | ” |
Law
In his time he had been called "the Asylum of Right and Treasurer of the Laws".[5] In the Law of Citations (426) he is classed with Gaius, Paulus, Modestinus and Ulpian as one of the five jurists whose recorded views were considered decisive. The former are cited also as primary sources of the Codex Civilis of Theodosius II and Justinian. His view was to prevail if the other four were not congruent.
See also
References
- ^ a b Hitti, Philip K. (2004). History of Syria: including Lebanon and Palestine. Gorgias Press LLC. p. 326. ISBN 1-59333-119-3.
- ^ Definition of causistry from Brosnahan, T. (1908). Casuistry. In The New Advent Catholic Encyclopedia. New York: Robert Appleton Company. Retrieved April 8, 2012
- ^ a b Charles Phineas Sherman. Roman law in the modern world, Volume 1. New Haven Law Book Co., 1922. http://books.google.co.uk/books?id=3uQ2AAAAIAAJ&q=Papinian&dq=Papinian&hl=en&sa=X&ei=ioeBT-DNLqKg0QW97uCHBw&ved=0CFIQ6AEwBQ. Retrieved 2012-04-08.
- ^ a b William Smith. Dictionary of Greek and Roman biography and mythology, Volume 3. C. C. Little and J. Brown; [etc., etc. ], 1849. http://books.google.co.uk/books?id=2ek_AAAAYAAJ&pg=PA118&dq=Papinian&hl=en&sa=X&ei=KYuBT-3SHOSr0QXNjcWZBw&ved=0CFcQ6AEwBg#v=onepage&q=Papinian&f=false. Retrieved 2012-04-08.
- ^ a b c d e Patrick Mac Chombaich de Colquhoun. A summary of the Roman civil law: illustrated by commentaries on and parallels from the Mosaic, Canon, Mohammedan, English and foreign law, with an appendix, map, and general index, Volume 1. V. and R. Stevens and Sons, 1849. http://books.google.co.uk/books?id=WwFbAAAAQAAJ&pg=PA47&dq=Papinian&hl=en&sa=X&ei=e5uBT935NsSu0QXo6aH9Bg&ved=0CD0Q6AEwAzgK#v=onepage&q=Papinian&f=false. Retrieved 2012-04-08.
- ^ George Spence, Henry Maddock. The equitable jurisdiction of the Court of Chancery: comprising its rise, progress and final establishment; to which is prefixed, with a view to the elucidation of the main subject, a concise account of the leading doctrines of the common law in regard to civil rights; with an attempt to trace them to their sources; and in which the various alterations made by the legislature down to the present day are noticed, Volume 1. Lea and Blanchard, 1846. http://books.google.co.uk/books?id=iyYzAAAAIAAJ&pg=PA2&dq=Papinian&hl=en&sa=X&ei=IJiBT-_hM6SP0AW31OToBg&ved=0CGMQ6AEwCA#v=onepage&q=Papinian&f=false. Retrieved 2012-04-08.
- ^ a b Joseph J. Reed. Outlines of universal history: in three parts; with a copious index to each part, showing the correct mode of pronouncing every name mentioned .... J.B. Lippincott & Co., 1862. http://books.google.co.uk/books?id=St8-AAAAYAAJ&pg=PA149&dq=Papinian+beheaded&hl=en&sa=X&ei=yKiBT_SqLeOj0QX7o_nsBg&ved=0CFMQ6AEwBjgK#v=onepage&q=Papinian%20beheaded&f=false. Retrieved 2012-04-08.
- ^ Alexander Chalmers. The General Biographical Dictionary: A New Edition. Nichols, Son and Bentley 1815. http://books.google.co.uk/books?id=AYfp6fQpz3wC&pg=PA83&dq=Papinian+beheaded&hl=en&sa=X&ei=y6OBT8uTFofM0QWqoZGBBw&ved=0CFwQ6AEwCA#v=onepage&q=Papinian%20beheaded&f=false. Retrieved 2012-04-08.
- ^ a b c William Alexander Hunter, Gaius. A systematic and historical exposition of Roman law in the order of a code. Sweet & Maxwell, 1803. http://books.google.co.uk/books?id=5HgMAAAAYAAJ&printsec=frontcover#v=onepage&q=Papinian&f=false. Retrieved 8th of April 2012. Translated by John Ashton Cross (title-subject sourced originally in Pollock & Maitland - The History of English Law, Volume 1 )
- ^ a b Charles Sumner Lobingier. The Evolution of the Roman Law: From Before the Twelve Tables to the Corpus Juris. Wm. S. Hein Publishing, 1923. http://books.google.co.uk/books?id=SK-asCnPWn4C&pg=PA276&dq=Papinian&hl=en&sa=X&ei=u4KBT9mAHuOQ0AWWzsnpBg&ved=0CDgQ6AEwAQ#v=onepage&q=Papinian&f=false. Retrieved 2012-04-08.
This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press.
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