He was an intimate friend of Severus, whom he accompanied to Britain, and who before his death specially commended his two sons to Papinian's charge. Papinian tried to keep peace between the brothers, but this only excited the hatred of Caracalla, and who ordered his murder in the general slaughter of Geta's friends which followed the fratricide of AD 212. The details are variously related, and have undergone legendary embellishment, but the murder of Papinian, which took place before Caracalla himself, was one of the most disgraceful crimes of that emperor.
Little more is known about Papinian. He was perhaps a Syrian by birth, for he is said to have been a kinsman of Severus's second wife, Julia Domna; that he studied law with Severus under Scaevola is asserted in an interpolated passage in the Historia Augusta.
Although his output was small compared to other jurists such as Ulpian or Paulus, he was highly influential. The Law of Citations (issued in 426) stated that failing a majority of legal authorities for or against a decision or interpretation, the side Papinian sided with should prevail. His principal works include: Quaestiones in 37 books (written before 198); Responsa (written sometime between 204 and his death); Definitiones; and De adulteriis.
This article incorporates text from the public domain 1911 Encyclopędia Britannica.
Papinian (Aemilius Papinianus) (died AD 212), was a Roman jurist, magister libellorum and afterwards praetorian prefect under Septimius Severus.
Papinian tried to keep peace between the brothers, but this only excited the hatred of Caracalla, and who ordered his murder in the general slaughter of Geta's friends which followed the fratricide of AD 212.
He was perhaps a Syrian by birth, for he is said to have been a kinsman of Severus's second wife, Julia Domna; that he studied law with Severus under Scaevola is asserted in an interpolated passage in the Historia Augusta.
He was a close friend of the Roman emperor Septimius Severus, under whom he was libellorum magister [master of the rolls] and later Praetorian prefect; but Severus' son Caracalla had Papinian put to death for reasons that are obscure.
Papinian was a jurist of enormous erudition, perhaps the greatest figure in Roman law, and a stern moralist.
If they were not unanimous the majority was to prevail, but, in case of equal division, the opinion of Papinian was to decide.
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