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Updated: June 16, 2025
Papinian himself wrote that servitudes cannot be partially extinguished, because they are due from lands, not persons. /2/ Celsus thus decides the case which I took for my illustration: Even if possession of a dominant estate is acquired by forcibly ejecting the owner, the way will be retained; since the estate is possessed in such quality and condition as it is when taken. /3/ The commentator Godefroi tersely adds that there are two such conditions, slavery and freedom; and his antithesis is as old as Cicero. /4/ So, in another passage, Celsus asks, What else are the rights attaching to land but qualities of that land? /5/ So Justinian's Institutes speak of servitudes which inhere in buildings. /6/ So Paulus speaks of such rights as being accessory to bodies.
At last he put the note-book back on its shelf, and deigned to remember that I had come about the Junian Latins. "In which of the authorities do you find a difficulty?" "My difficulty lies in the want of authorities, sir, I wish to find out whether the Junian Latins had not a special dress." "To be sure." He scratched his head. "Gaius says nothing on the point?" "No." "Papinian?" "No."
Perhaps this deliberate distortion of the truth was another one of the libels against pagan Rome of which the pious Fathers are so fond "for the good of the Church." Papinian in Dig., 48, 5, 21 ; ibid., Ulpian, 24 . Paulus, ii, xxvi. Macer in Dig., 48, 5, 25 . Papinian in Dig., 48, 5, 23 . Papinian in Dig., 48, 5, 39 ; ibid., Marcianus, 48, 8, 1. Paulus, ii, xxvi.
And, even if the day arrives, or the condition is satisfied, during the testator's lifetime, Papinian decides, and rightly, that the legacy is nevertheless a good one, because it was good when first written; for the opinion that a legacy becomes void, because something happens to deprive it of all material effect, is now rejected.
"Well, sir, and what have you donn with your book to-day?" my lord might begin, and set him posers in law Latin. To a child just stumbling into Corderius, Papinian and Paul proved quite invincible. But papa had memory of no other. He was not harsh to the little scholar, having a vast fund of patience learned upon the Bench, and was at no pains whether to conceal or to express his disappointment.
As a mere literary composition, he might interpret it rightly, and Gaius, or Papinian, might be wrong; but if his interpretation was ever so right grammatically or critically, yet, legally it was nothing to the purpose; Gaius's interpretation had superseded it, and was not the law which he was bound to obey.
Papinian, the brave praetorian prefect, one of the most learned lawyers of his time, had incurred Caracalla's fury by refusing to say that the murder of Geta was not without excuse; and his noble answer, that it was easier to commit fratricide than to defend it, cost him his life.
But there is on record an opinion of Papinian, supported by the rescripts of the Emperors Pius, Severus, and Antoninus, that if, before the property of a deceased person who has left no heir is reported to the exchequer, some one has bought or received some part thereof, he can acquire it by usucapion.
The last of the great civilians associated with Gaius, Papinian, Paulus, and Ulpian, as oracles of jurisprudence, was Modestinus, who was a pupil of Ulpian. He wrote both in Greek and Latin. These great lawyers shed great glory on the Roman civilization.
The great lawyers who flourished from Trajan to Alexander Severus, like Gaius, Ulpian, Paulus, Papinian, and Modestinus, had no successors who can be compared with them, and their works became standard authorities in the courts of law.
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