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

PAPINIAN TS. PAPINIANUS. 117
(Fragmenta Patrum Graecor. fascic. i. p. 13, &c.), fused to comply with the emperor's order to make
and in the first volume of the Bibliotheca Patrum of a defence before the senate and the people of his
Galland (fol. Venice, 1765), and of the Reliquiae brother's assassination (Spart. Caracalla, 8); but
Sacrae of Routh (8vo. Oxon. 1814). The last- Papinian's real crime was his abilities and his innamed collection is the most complete. (Hieron. tegrity. His biographer states (Spart. Caracall. 4)
De Viris Illustr. c. 18; Fabric. Biblioth. Graec. that Papinian was beheaded in the emperor's prevol. vii. p. 151; Cave, Hist. Litt. ad ann. 108, vol. sence, and that his son, who was then quaestor,
i. p. 47, ed. Oxford, 1740-1743; Tillemont, perished about the same time. The dying words
M.emoires, vol. ii. p. 296, &c.) [J. C. M.] of Papinian warned his successor in the office of
PAPIAS, sculptor. [ARISTEAS.] what his own fate might be, and they were proPAPINIA/NUS, AEMI'LIUS was a pupil phetic; for Macrinus, who did succeed him, rid
of Q. Cervidius Scaevola. An inscription records the empire of its tyrannical master by assassination.
his parents to be Papinianus Hostilis and Eugenia (Spart. Caracall. 8, 6.) Spartianusapparently supGracilis, and that they survived their son Aemilius posed that Papinian was praefectus praetorio at the
Paullus Papinianus, who died in his thirty-seventh time of his death. (Dion Cass. lxxvii. 1, and the
year. Aemilius Papinianus succeeded Septimius note of Reimarus.)
Severus, afterwards emperor, as Advocatus Fisci There are 595 excerpts from Papinian's works in
(Spartian. Caracall. 8). Now Severus held this the Digest. These excerpts are from the thirtyoffice under Marcus Antoninus, and he was em- seven books of Quaestiones, a work arranged acployed in various high capacities by Marcus during cording to the order of the Edict, the nineteen
his lifetime. Papinianus therefore was Advocatus books of Responsa, the two books of Definitiones,
Fisci during the reign of Marcus,'who died A. D. 180. the two books De Adulteriis, a single book De AdulSeverus became emperor A. D.' 192, and died A. D. teriis, and a Greek work or fragment, intitled eK roe
211. There is therefore an interval of about thirty- aorTvvotAcoU pIovol'eAoUv -ouv HarLvLavov, a work
two years between the death of Marcus and that which probably treated of the office of aedile both
of Severus, and consequently Papinianus, who held at Rome and in other towns. Papinian is chiefly
office under Marcus, and was put to death by Ca- cited by Paulus and Ulpian; and he is also cited
racalla, the successor of Severus, must have been by Marcian. All these three jurists wrote notes on
much more than thirty-six when he died. the works of Papinian, and in some cases at least
Papinian is said to have been related to Julia dissented from him. The following references conDomna, the second wife of Severus. (Spart. Cara- tain instances of annotations on Papinian: —Dig.
call. 8.) He was highly esteemed by Severus, 22. tit. 1. s. 1. ~ 2; 18. tit. 1. s. 72; 1. tit. 21. s. I.
under whom he was Libellorum magister (Dig. 20. ~ I; 3. tit. 5. s. 31. ~ 2.
tit. 5. s. 12), and afterwards praefectus praetorio. No Roman jurist had a higher reputation than
(Dion Cass. lxxvi. 10. 14.) Paulus (Dig. 12. tit. 1. Papinian. Spartianus (Severus, 21) calls him
s. 40) speaks of having delivered an opinion in the " juris asylum et doctrinae legalis thesaurus." The
auditorium of Papinian. Paulus and Ulpian were epithets of " prudentissimus," " consultissimnus,"
both assessors to Papinian (Papiniano in consilio " disertissimus," and others to the like effect, are
fuerunt, Spart. Pescen. Niger, 7). Lampridius bestowed upon him by various emperors. (Cod. 5.
(Alex. Severus, 68) enumerates the "juris profes- tit. 71. s. 14; 7. tit. 32. s. 3; 6. tit. 25. s. 9.)
sores," as he terms those who were pupils of Papi- As a practical jurist and a writer, few of his
nian: in the list are the names of Ulpian, Paulus, countrymen can be compared with him. Indeed
Pomponius, Africanus, Florentinus and Modestinus, the great commentator, who has devoted a whole
the most distinguished among the great Roman folio to his remarks upon Papinian, declares that he
jurists. was the first of all lawyers who have been or are
Severus came to Britain A. D. 208, in which to be, that no one ever surpassed him in legal
year his sons M. Antoninus Caracalla and P. Sep- knowledge, and no one ever will equal him. (Cutimius Geta were consuls, and he died at York jacius, Opera, vol. iv., In Prooem. ad Quaest.
A. D. 211. As Papinian was praefectus praetorio Papinian.) Nor is the reputation of Papinian ununder Severus, and is mentioned as being sum- merited. It was not solely because of the high
moned to the emperor's presence, when the design station that he filled, his penetration and his knowof Caracalla against his father's life was discovered, ledge, that he left an imperishable name; his exwe may conclude that the illustrious juristl was in cellent understanding, guided by integrity of purBritain during the residence of Severus; and he pose, has made him the model of a true lawyer.
may have drawn up the rescript given by Severus The fragments of Papinian are sometimes obscure,
in the last year but one of his reign, at York (A. D. and require the aid of a commentator; but they
210), to one Caecilia. (Cod. 3. tit. 32. s. 1.) It is will amply repay the labour that is necessary to
also said that the emperor commended his two sons seize the fullness of the meaning of this great
to the care of Papinian, which seems to imply that master of jurisprudence.
he was at York when Severus died there. A constitution of Theodosius and Valentinian
On the death of his father, Caracalla, according (Cod. Titeod. 1. tit. 4, De Responsis Prudentumn)
to Dion, dismissed Papinian from his office, and in declared all the writings of Papinian, Paulus, Caius,
the second year of his reign he murdered his bro- Ulpian and Modestinus to be authority for the
ther Geta, while lie was clinging to his mother for judge; the opinions of those jurists also were
protection. Papinian also was soon after put to to have authority, whose discussions and opinions
death by the emperor's orders. The reasons given (tractatus et opiniones) all the five mentioned jurists
for his death were various, but it is easy to con- had inserted in their writings, as Scaevola, Sabinus,
celve that a tyrant like Caracalla would be satisfied Julian and Marcellus: if the opinions of these
with any excuse for getting rid of so stern a mo- jurists, as expressed in their writings, were not
nitor and so honest a man. The pretext may have unanimous, the opinion of the majority was to prebeen that he was a partisan of Geta, or that he re- vail; if there was an equal number on each side,
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