A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

118 PAPIRIA. PAPIRIUS.
the opinion of that side was to prevail on which been patricians (adFam. ix. 21). Cicero states that
Papinian was (si numerus (auctorum) aequalis sit, the Papirii were originally called Papisii, and that
ejus partes praecedat auctoribus in qua excellentis the first person who adopted the former form of the
ingenii vir Papinianus emineat, qui, ut singulos name was L. Papirius Crassus, consul, B. c. 336.
vincit, ita cedit duobus). It was one of the cha- We learn from the same authority that the patrician
racteristics of Papinian not to consider himself in- Papirii belonged to the minores gentes, and that
fallible, and he did not hesitate to change his they were divided into the families of CRASSUS,
opinion, when he found a better reason, of which CURSOR, MASO, and MUGILLANUS; and that the
there is an instance in the passages here referred to. plebeian Papirii consisted of the families of CARBO,
(Dig. 18. tit. 7. s. 6. ~ 1; and Cod. 6. tit. 2. s. 22. PAETUS, and TURDUS. The most ancient family
~ 3.) His strong moral feeling is indicated in was that of Mugillanus, and the first member of
another passage (Dig. 28. tit. 7. s. 15), where he is the gens who obtained the consulship was L. Paspeaking of conditions under which a heres may pirius Mugillanus, in B. c. 444. The gens, howbe instituted: conditions which are opposed to ever, was of still higher antiquity than this, and
filial duty, to one's good name, to regard to decency, is referred by tradition to the kingly period.
and generally, those which are against good morals The Papirius who composed the collection of the
(boni mores), must not be considered as conditions Leges Regiae, is said to have lived in the reign
that a man can fulfil. of Tarquinius Superbus (see below); and one M'.
In the four years' course of study, as it existed Papirius was the first rex sacrificulus appointed on
before the time of Justinian, Papinian's Responsa the expulsion of the kings (Dionys. v. 1).
formed part of the third year's course, but only PAPI'RIUS, C. or SEX., the author of a supeight books out of the nineteen were explained to posed collection of the Leges Regiae, which was
the students; and even this was done very irm- called Jzls Papirianum, or Jus Civile Papirianumn.
perfectly. In Justinian's course of studies, among Dionysius (iii. 36) states that the Pontifex Maxiother parts of the Digest, there were read in the mus, C. Papirius, made a collection of the religious
third year, the twentieth, twenty-first and twenty- ordinances of Numa, after the expulsion of the
second books, which were intended to take the last Tarquin: these ordinances, it is further said,
place of the exposition of Papinian formerly given had been cut on wooden tablets by the order of
in the third year's course; and it is stated that the Ancus Marcius (Liv. i. 20, 32; Dionys. ii. 63).
students will in this manner become much better Pomponius (Dig. 2. tit. 2. s. 2. ~ 2. 36) states that
acquainted with Papinian. To make this intel- Sex. or P. Papirius, in the time of Superbus, the
ligible, it should be observed, that all the titles of son of Demeratus (but Superbus was not the son
the twentieth book begin with an excerpt from Pa- of Demeratus), made a compilation of all the Leges
pinian, as Blume observes (Zeitschrift, vol. iv. p. 294, Regiae. Though much has been written in modern
Ueber die ordnung derfrapgzente in den Pandecten); times about this compilation, nothing certain is
but he appears not to have observed that one of the known; and all conjecture is fruitless. A work
titles of this book neither begins with nor contains of Granius Flaccus, "Liber de Jure Papiriano," is
any excerpt from Papinian. The students were also quoted as a commentary on the Jus Papirianum
to retain the old designation of Papinianistae, which (Dig. 50. tit. 16. s. 144). It appears that there
denoted students of the third year; and the fes- were Leges enacted in the time of the kings, or
tival which they used to celebrate on commen- there were laws which passed as such, for they are
cing their third year's course was still to be ob- sometimes cited by writers of the imperial period.
served. (Const. Onanem Reipublicae, s. 4, &c.; Gro- Thus Marcellus (Dig. 11. tit. 8. s. 2) quotes a Lex
tius, Vitae Jurisconsultorums; Zimmern, Gesc/zichte Regia, which provides that a pregnant woman who
des RoSnischen Privatrechts, vol. i. p. 361; Puchta, dies must not be buried before the child is taken
Cursus, &c. vol. i. p. 454; Cujacius, Op. tom. iv. out of her. The passage cited by Macrobiuns (Sat.
ed. Neapol. 1758.) [G. L.] iii. I 1), from the Jus Papirianum, is manifestly not
PAPI'NIUS. 1. L. PAP1NIUS, a wealthy the language of a period so early as that of PapiRoman eques, plundered by Verres (Cic. Verr. iv. rius, and accordingly the critics suppose that Ma21). In some manuscripts he is called Papirius. crobius refers to the commentary of Granius, though
2. PAPINIUS, the author of an epigram in four Macrobi-s refers distinctly to the Jus Papirianuzn.
lines, upon Casca, which is preserved by Varro The Lex Papiria of Servius (ad Virg. Aen. xii.
(L. L. vii. 28, ed. MUller). Priscian, in quoting 836) appears to refer to the.Jus Papirianum.
this epigram from Varro, calls him Pomponius (p. (Grotius, Vitae Jurisconsult.; Zimmern, Gesclsichle
602, ed. Putschius). des Rom. Privatrechts, vol. i. pp. 86, 88.) [G. L.]
3. SEX. PAPINIUS ALLIENUS, consul A. D. 36, L. PAPI'RIUS, of Fregellae, lived in the time
with Q. Plautius (Tac. Ann. vi. 40; Dion Cass, of Tib. Gracchus, the father of the two tribunes,
lviii. 26; Plin. H. N. x. 2). Pliny relates (H. N. and was reckoned one of the most eloquent orators
xv. 14) that this Papinius was the first person who of his time. Cicero mentions the speech which
introduced tuberes (a kind of apple) into Italy, and Papirius delivered in the senate on behalf of the
lie likewise states that he saw him in his consul- inhabitants of Fregellae and the Latin colonies
ship. The Sex. Papinius of a consular family, (Brut. 46). If that speech was delivered when
who threw himself down headlong from a height Fregellae revolted, B. c. 125, Papirius must then
(A. D. 37), in order to escape from the unhallowed have been a very old man, since Tib. Gracchus, in
lust of his mother, was probably a son of the whose time he is placed by Cicero, was consul a
consul. (Tac. Ann. vi. 49.) second time in B.C. 163. But the speech may
PAPI'NIUS STATIUS. [STATIUS.] perhaps have reference to some earlier event which
PAPI'RIA GENS, patrician, and afterwards is unknown. (Meyer, Orat. Romn. Fragm. p. 154,
plebeian also. The history of this gens forms the 2nd ed.)
subject of one of Cicero's letters to Papirius Paetus, PAPI'RIUS DIONY'SIUS. [DIoNYusIS.]
who did not know that any of the Papirii had ever PAPI'RIUS FABIA'NUS. [FABIANUS.]