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Updated: June 16, 2025
Cato the censor derived some additional fame from his legal studies, and those of his son: the kindred appellation of Mucius Scævola was illustrated by three sages of the law; but the perfection of the science was ascribed to Servius Sulpicius, their disciple, and the friend of Tully; and the long succession, which shone with equal lustre under the republic and under the Cæsars, is finally closed by the respectable characters of Papinian, of Paul, and of Ulpian.
And subsequently, after codicils had been made by Labeo, nobody doubted their complete validity. 1 Not only can codicils be made after a will, but a man dying intestate can create trusts by codicils, though Papinian says that codicils executed before a will are invalid unless confirmed by a later express declaration that they shall be binding.
Why may not the same thing be allowed in the church? and why may not the interpretations of Cyprian, or Athanasius, or Augustine, or Chrysostom, be as decisive, with respect to the true sense of the Scripture, as those of Gaius, Paulus, Modestinus, Ulpian, and Papinian, were acknowledged to be with respect to the sense of the Roman law?
Papinian and Ulpian, the two foremost jurists of the reigns of Septimius and Alexander Severus, bear a reputation as high as that of any of their illustrious predecessors. Both rose to what was in this century the highest administrative position in the Empire, the prefecture of the praetorian guards.
In full assurance of his virtue and abilities, Severus, on his death-bed, had conjured him to watch over the prosperity and union of the Imperial family. The honest labors of Papinian served only to inflame the hatred which Caracalla had already conceived against his father's minister.
You were told that Caesar murdered his brother Geta, with many more who did but speak his victim's name. My father-in-law, and his daughter Plautilla, my wife, were, it is said, the victims of my fury. I killed Papinian, the lawyer and prefect, and Cilo whom you saw yesterday nearly shared the same fate. What did they conceal? Nothing.
The number of excerpts in the Digest from him is said to be two thousand four hundred and sixty-two, and they form a third part of it. Some fragments of his writings remain. 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.
Perhaps, if the preceptors and friends of Cicero were still alive, our candor would acknowledge, that, except in purity of language, their intrinsic merit was excelled by the school of Papinian and Ulpian. The science of the laws is the slow growth of time and experience, and the advantage both of method and materials, is naturally assumed by the most recent authors.
Papinian, a native it seems of the Syrian town of Emesa, and a kinsman of the Syrian wife of Septimius Severus, was the author of numerous legal works, both in Greek and Latin. Under Severus he was not only commander of the household troops, but discharged what we should now call the duties of Home Secretary.
On his return, he has to resume the burden of tutelage, without being entitled to claim a year's exemption, as has been settled since the opinion of Papinian was delivered in the fifth book of his replies; for the year's exemption or vacation belongs only to such as are called to a new tutelage.
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