Scanned text contains errors.
the opinion of that side was to prevail on which Papinian was (si numerus (auctorum) aequalis sit ejus partes praecedat auctoribus in qua excellent ingenii vir Papinianus emineat, qui, ut singulos vincit, ita cedit duobus). It was one of the characteristics of Papinian not to consider himself infallible, and he did not hesitate to change his opinion, when he found a better reason, of which there is an instance in the passages here referred to. (Dig. 18. tit. 7. s. 6. § 1 ; and Cod, 6. tit. 2. s. 22. § 3.) His strong moral feeling is indicated in another passage (Dig. 28. tit. 7. s. 15), where he is speaking of conditions under which a heres may be instituted: conditions which are opposed to filial duty, to one's good name, to regard to decency, and generally, those which are against good morals (boni mores), must not be considered as conditions that a man can fulfil.
In the four years' course of study, as it existed before the time of Justinian, Papinian's Responsa formed part of the third year's course, but only eight books out of the nineteen were explained to the students ; and even this was done very im perfectly. In Justinian's course of studies, among other parts of the Digest, there were read in the third year, the twentieth, twenty-first and twenty- second books, which were intended to take the place of the exposition of Papinian formerly given in the third year's course ; and it is stated that the students will in this manner become much better acquainted with Papinian. To make this intel ligible, it should be observed, that all the titles of the twentieth book begin with an excerpt from Pa pinian, as Bknne observes (Zeifsckrif^ vol.iv. p. 294, Ueber die ordnung derfragmente in den Pandecten) ; but he appears not to have observed that one of the titles of this book neither begins with nor contains any excerpt from Papinian. The students were also to retain the old designation of Papinianistae, which denoted students of the third year; and the fes tival which they used to celebrate on commen cing their third year's course was still to be ob served. (Const. Omnem Reipuhlicae, s. 4, &c. ; Gro- tius, Vitae Jurisconsultorum; Zimmern, Geschichte des Romischen Privatrechts, vol. i. p. 361 ; Puchta, Cursus, &c. vol. i. p. 454 ; Cujacius, Op. torn. iv. ed. Neapol. 1758.) [G. L.]
PAPINIUS. 1. L. papinius, a wealthy Roman eques, plundered by Verres (Cic. Verr. iv. 21). In some manuscripts he is called Papirius.
2. papinius, the author of an epigram in four lines, upon Casca, which is preserved by Varro (L. L. vii. 28, ed. Miiller). Priscian, in quoting this epigram from Varro, calls him Pomponius (p. 602, ed. Putschius).
3. sex. papinius allienus, consul a. d. 36, with Q. Plautius (Tac. Ann. vi. 40 ; Dion Cass, Iviii. 26 ; Plin. H. N. x. 2). Pliny relates (H. N. xv. 14) that this Papinius was the first person who introduced tuberes (a kind of apple) into Italy, and he likewise states that he saw him in his consulship. The Sex. Papinius of a consular family, who threw himself down headlong from a height (a. d. 37), in order to escape from the unhallowed lust of his mother, was probably a son of the consul. (Tac. Ann. vi. 49.)
PAPIRIA GENS, patrician, and afterwards
plebeian also. The history of this gens forms the
who did not know that any of the Papirii had ever
been patricians (adFam. ix. 21). Cicero states that the Papirii were originally called Papisii, and that the first person who adopted the former form of the name was L. Papirius Crassus, consul, B. c. 336. We learn from the same authority that the patrician Papirii belonged to the minores gentes, and that they were divided into the families of crassus, cursor, maso, and mugillanus ; and that the plebeian Papirii consisted of the families of carbo, paetus, and turdus. The most ancient family was that of Mugillanus, and the first member of the gens who obtained the consulship was L. Papirius Mugillanus, in b. c. 444. The gens, however, was of still higher antiquity than this, and is referred by tradition to the kingly period. The Papirius who composed the collection of the Leges Regiae, is said to have lived in the reign of Tarquinius Superbus (see below) ; and one M'. Papirius was the first rex sacrificulus appointed on the expulsion of the kings (Dionys. v. 1).
PAPIRIUS, C. or SEX., the author of a supposed collection of the Leges Regiae, which was called Jus Papirianum, or Jus Civile Papirianum. Dionysius (iii. 36) states that the Pontifex Maxi-mus, C. Papirius, made a collection of the religious ordinances of Numa, after the expulsion of the last Tarquin: these ordinances, it is further said, had been cut on wooden tablets by the order of Ancus Marcius (Liv. i. 20, 32 ; Dionys. ii. 63). Pomponius (Dig. 2. tit. 2. s. 2. §2. 36) states that Sex. or P. Papirius, in the time of Superbus, the son of Demeratus (buf Superbus was not the son of Demeratus), made a compilation of all the Leges Regiae. Though much has been written in modern times about this compilation, nothing certain is known ; and all conjecture is fruitless. A work of Granius Flaccus, " Liber de Jure Papiriano," is quoted as a commentary on the Jus Papirianum (Dig. 50. tit. 16. s. 144). It appears that there were Leges enacted in the time of the kings, or there were laws which passed as such, for they are iometimes cited by writers of the imperial period. Thus Marcellus (Dig. 11. tit. 8. s. 2) quotes a Lex Regia, which provides that a pregnant woman who dies must not be buried before the child is taken out of her. The passage cited by Macrobius (Sat. iii. 11), from the Jus Papirianum, is manifestly not the language of a period so early as that of Papirius, and accordingly the critics suppose that Macrobius refers to the commentary of Granius, though Macrobius refers distinctly to the Jus Papirianum. The Lex Papiria of Servius (ad Virg. Aen. xii. 836) appears to refer to the Jus Papirianum. (Grotius, Vitae Jurisconsult.; Zimmern, Geschichte des Rom. Privatrechts, vol. i. pp. 86, 88.) [G. L.I L. PAPFRIUS, of Fregellae, lived in the time of Tib. Gracchus, the father of the two tribunes, and was reckoned one of the most eloquent orators of his time, Cicero mentions the speech which Papirius delivered in the senate on behalf of the inhabitants of Fregellae and the Latin colonies [Brut. 46). If that speech was delivered when Fregellae revolted, b.c. 125, Papirius must then have been a very old man, since Tib. Gracchus, in whose time he is placed by Cicero, was consul a iecond time in b.c. 163. But the speech may perhaps have reference to some earlier event which is unknown. (Meyer, Orat. Rom. Fragm. p. 154, 2nd ed.)