Papinian

Lore & Background

Little is known about Papinian. He was of Syrian origin and birth and a native of Emesa, for he is said to have been a kinsman of Septimius Severus's second wife, Julia Domna, who was a member of the Emesene dynasty. One source shows him as a follower of the casuistry of Quintus Cervidius Scaevola, another shows him to have been his pupil. A concurring (but dubious) passage in the Augustan History claims that he studied law with Severus under Scaevola. 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 and Geta into the lawyer's charge. 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, who ordered Papinian to be beheaded (Spartianus, Caracalla), and his body dragged through the streets of Rome.

Reader's Guide

This law mandated that only the writings of Gaius, Paulus, Modestinus, Ulpian, and Papinian could be cited as primary sources for the Codex Theodosianus and the Corpus Juris Civilis. Crucially, whenever the views of the four other jurists were not congruent, Papinian's views prevailed. This gave his opinions extraordinary authority in Roman law and later legal traditions. The 16th century French jurist Jacques Cujas wrote that 'there was never such a great lawyer before, nor ever will be after him.' In his own time, he had been called 'the Asylum of Right and Treasurer of the Laws.' His principal works include Quaestiones in 37 books, nineteen books of Responsa, and the Definitiones and De adulteriis, among others. Much of his output has been lost, as what we have is small compared to other jurists such as Ulpian or Paul.

Did You Know?

• Third year law students were given the title 'Papinianistae', meaning 'they that are worthy to study Papinian'.
• Papinian was of Syrian origin and birth, a native of Emesa, and a kinsman of Septimius Severus's second wife Julia Domna.
• His views prevailed under the Law of Citations whenever the views of Gaius, Paulus, Modestinus, and Ulpian were not congruent.