Aemilius Papinianus
Encyclopedia
Aemilius Papinianus also known as Papinian, was a celebrated Roman
jurist, magister libellorum and, after the death of Gaius Fulvius Plautianus
in 205, praetorian prefect
.
n birth and a native of Emesa
, for he is said to have been a kinsman of Septimus Severus' second wife, Julia Domna
. A dubious passage in the Augustan History
claims that he studied law with Severus under Quintus Cervidius Scaevola.
Papinianus was an intimate friend of the emperor Severus and accompanied him to Britain
. Before his death, the emperor commended his two sons Caracalla
and Geta
into his charge. Papinian tried to keep peace between the brothers, but with no better result than to encourage the hatred of Caracalla. He died in the general slaughter of Geta's friends which followed the fratricide of 212. The author of the 1911 Encyclopædia Britannica
article states that the details of Papinianus' death "are variously related, and have undergone legendary embellishment."
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); Responsa (written sometime between 204 and his death); Definitiones; and De adulteriis.
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."
(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.
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
jurist, magister libellorum and, after the death of Gaius Fulvius Plautianus
Gaius Fulvius Plautianus
Gaius or Lucius Fulvius Plautianus was a member of the Roman gens Fulvius, a family of the patrician status which had been active in politics since the Roman Republic....
in 205, praetorian prefect
Praetorian prefect
Praetorian prefect was the title of a high office in the Roman Empire. Originating as the commander of the Praetorian Guard, the office gradually acquired extensive legal and administrative functions, with its holders becoming the Emperor's chief aides...
.
Life
Little is known about Papinianus. He was perhaps of SyriaSyria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
n birth and a native of Emesa
Homs
Homs , previously known as Emesa , is a city in western Syria and the capital of the Homs Governorate. It is above sea level and is located north of Damascus...
, for he is said to have been a kinsman of Septimus Severus' second wife, Julia Domna
Julia Domna
Julia Domna was a member of the Severan dynasty of the Roman Empire. Empress and wife of Roman Emperor Lucius Septimius Severus and mother of Emperors Geta and Caracalla, Julia was among the most important women ever to exercise power behind the throne in the Roman Empire.- Family background...
. A dubious passage in the Augustan History
Augustan History
The Augustan History is a late Roman collection of biographies, in Latin, of the Roman Emperors, their junior colleagues and usurpers of the period 117 to 284...
claims that he studied law with Severus under Quintus Cervidius Scaevola.
Papinianus was an intimate friend of the emperor Severus and accompanied him to Britain
Roman Britain
Roman Britain was the part of the island of Great Britain controlled by the Roman Empire from AD 43 until ca. AD 410.The Romans referred to the imperial province as Britannia, which eventually comprised all of the island of Great Britain south of the fluid frontier with Caledonia...
. Before his death, the emperor commended his two sons Caracalla
Caracalla
Caracalla , was Roman emperor from 198 to 217. The eldest son of Septimius Severus, he ruled jointly with his younger brother Geta until he murdered the latter in 211...
and Geta
Publius Septimius Geta
Geta , was a Roman Emperor co-ruling with his father Septimius Severus and his older brother Caracalla from 209 to his death.-Early life:Geta was the younger son of Septimius Severus by his second wife Julia Domna...
into his charge. Papinian tried to keep peace between the brothers, but with no better result than to encourage the hatred of Caracalla. He died in the general slaughter of Geta's friends which followed the fratricide of 212. The author of the 1911 Encyclopædia Britannica
Encyclopædia Britannica
The Encyclopædia Britannica , published by Encyclopædia Britannica, Inc., is a general knowledge English-language encyclopaedia that is available in print, as a DVD, and on the Internet. It is written and continuously updated by about 100 full-time editors and more than 4,000 expert...
article states that the details of Papinianus' death "are variously related, and have undergone legendary embellishment."
Much of his output has been lost, as what we have is small compared to other jurists such as Ulpian
Ulpian
Gnaeus Domitius Annius Ulpianus , anglicized as Ulpian, was a Roman jurist of Tyrian ancestry.-Biography:The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222...
or Paul
Paul (jurist)
Julius Paulus Prudentissimus was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus.-Life:...
. The principal works of Papinianus include: Quaestiones in 37 books (written before 198); Responsa (written sometime between 204 and his death); Definitiones; and De adulteriis.
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."
Law
In the Law of CitationsLaw of Citations
The Law of Citations was a Roman law created in AD 426 by the emperor Theodosius II. It was designed to help judges deal with vast amounts of jurist writings on a subject and thus to reach a decision...
(426) he is classed with Gaius
Gaius (jurist)
Gaius was a celebrated Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name...
, Paulus
Paul (jurist)
Julius Paulus Prudentissimus was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus.-Life:...
, Modestinus and Ulpian
Ulpian
Gnaeus Domitius Annius Ulpianus , anglicized as Ulpian, was a Roman jurist of Tyrian ancestry.-Biography:The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222...
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
Theodosius II
Theodosius II , commonly surnamed Theodosius the Younger, or Theodosius the Calligrapher, was Byzantine Emperor from 408 to 450. He is mostly known for promulgating the Theodosian law code, and for the construction of the Theodosian Walls of Constantinople...
and Justinian. His view was to prevail if the other four were not congruent.