Quick Facts
Biography
Aemilius Papinianus (Greek: Αιμίλιος Παπινιανός) (142–212), also known as Papinian, was a celebrated Roman jurist, magister libellorum, attorney general (advocatus fisci) and, after the death of Gaius Fulvius Plautianus in 205, praetorian prefect.
Papinianus was one of the most revered jurists in the antiquity, as third year law students were given the title "Papinianistae" (meaning "they that are worthy to study Papinian"). In his time, he had been called "the Asylum of Right and Treasurer of the Laws". Along with Gaius, Paulus, Modestinus and Ulpian, he was made one of the five jurists whose recorded views were considered decisive by the Law of Citations of 426; their views would later be considered the only suitable ones to be cited as primary sources for the Codex Theodosianus and the Corpus iuris civilis, provided that Papinian's views prevailed whenever those of the four other jurists were not congruent. French jurist Jacques Cujas later wrote that "there was never such a great lawyer before, nor ever will be after him".
Life
Little is known about Papinianus. He was of Syrian birth and a native of Emesa, for he is said to have been a kinsman of Septimius Severus' second wife, Julia Domna, who was a member of the royal family of Emesa.
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.
Papinianus was an intimate friend of the emperor Severus and accompanied him to Britain during 207,where he served in "the forum of York" in response to an uprising by Scottish Highlanders. 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, consequently passing an order to have the lawyer beheaded (Spartianus, Caracalla), and his body dragged through the streets of Rome. 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.
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 ofResponsa (written sometime between 204 and his death); two books ofDefinitiones; two books De adulteriis, and other works, the shortest of these being Αστυνόμικος (City-Administration) which was a manual on the duties for commissioners of streets and bridges.