rished in the time of the Antonines, was a great legal
authority; and the recent discovery of his Institutes has revealed the
least mutilated fragment of Roman jurisprudence which exists, and one of
the most valuable, which sheds great light on ancient Roman law; it was
found in the library of Verona. No Roman jurist had a higher reputation
than Papinian, who was praefectus praetorio under Septimius Severus (193
A.D.),--an office which made him second only to the Emperor, a sort of
grand vizier, whose power extended over all departments of the State; he
was beheaded by Caracalla. The great commentator Cujacius declares that
he was the first of all lawyers who have been, or who are to be; that no
one ever surpassed him in legal knowledge, and no one will ever equal
him. Paulus was his contemporary, and held the same office as Papinian.
He was the most fertile of Roman law-writers, and there is more taken
from him in Justinian's Digest than from any other jurist, except
Ulpian. There are two thousand and eighty-three excerpts from this
writer,--one sixth of the whole Digest. No legal writer, ancient or
modern, has handled so many subjects. In perspicuity he is said to be
inferior to Ulpian, one of the most famous of jurists, who was his
contemporary. Ulpian has also exercised a great influence on modern
jurisprudence from the copious extracts of his writings in the Digest.
He was the chief adviser of Alexander Severus, and like Paulus was
praefectus praetorio. 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. There are three hundred and forty-five
excerpts in the Digest from his writings, the titles of which show the
extent and variety of his labors.
These eminent lawyers shed great glory on the Roman civilization. In the
earliest times men sought distinction on the fields of battle, but in
the latter days of the republic honor was conferred for forensic
ability. The first pleaders of Rome were not jurisconsults, but
aristocratic "patrons," who looked after their "clients,"--men of lower
social grade, who in return for protection and assistance rendered
service, sometimes political by voting, sometimes pecuniary,
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