Gaius Aquilius Gallus

Gaius Aquilius Gallus (* around 116 BC , † before 44 BC ) was one of the most important lawyers
of the late Roman Republic . He came from the knighthood and went through the senatorial career
( cursus honorum ) to praetor 66 v. Chr. Chr. Aquilius was a student of Quintus Mucius
Scaevola [1] and teacher of Servius Sulpicius Rufus , [2] attests of him "the greatest reputation among
the people". [3] Aquilius lived in Rome , where he housed a magnificent house on
the Viminalpossessed [4] temporarily on the island of Cercina. [5]
A political career pursued Aquilius after the clothing of the praetor no further. [6] Instead, he devoted
himself to the duties of a Roman jurists in consulting and assessment in legal transactions and in
court ( respondere and transient ), especially in the contractual arrangements ( cavere were). Several
legal institutions, attributed to Aquilius, testify to this activity: Cicero calls Aquilius the creator of
the formulae de dolo ("malice formulas") [7] , thus apparently the actio de dolo ("malice claim") and
the exceptio doli ("defense of the unlawful exercise of rights"). The stipulatio Aquiliana , a tool for
clearing up complex business relationships, bears his name as well as the will-testament in the case
that after testamentary first the son of the testator, then the testator dies and finally a grandchild still
begotten by the son should be born ( postumus Aquilianus ) ,
For - in the Roman Republic never professional - work as a judge ( iudex ) can be found in private
processes two documents, [8] a for arbitration / intermediary function [9] as a legal consultant, he
appears in Cicero's speech for Caecina , in Cicero , per Balbo 45 and in connection with his bon mot
in Cicero, Topica 51:
Nihil hoc ad ius; ad Ciceronem - "That does not concern the law, but Cicero".
Aquilius is associated by contemporaries and posterity with ideas of flexible application of law,
which take into account the very specific circumstances of the individual case. According to
Cicero in Procecina78, he has "never separated the theory of civil law from equity" and is "such a
just and decent man that by nature he does not seem to be well-versed in education".

Publius Mucius Scaevola

Publius Mucius Scaevola was a prominent Roman politician and jurist who was consul in 133 BC. In
his earlier political career he was tribune of the plebs in 141 BC and praetor in 136 BC. He also held
the position of Pontifex Maximus for sixteen years after his consulship and died circa 115 BC.

Scaevola was consul at the time of Tiberius Gracchus’ tribuneship and murder, and was heavily
involved in reconciling the senate following Tiberius Gracchus’ death. According to Cicero, Scaevola
supported Gracchus’ land reforms (Lex Sempronia Agraria), but the extent of his involvement has
been debated by some historians.[1]

Family
Publius belonged to the gens Mucia, a noble Plebeian family of Rome, of which the Scaevola were
the main branch. Several Scaevola appear in Roman magistracies before the appearance of Publius
Mucius, including a certain Publius Mucius Scaevola who served as a tribune of the plebs in 486 BC
and a Publius Mutius Scaevola—who, while not of the same branch, clearly belongs to the Scaevola
clan—who held the Tribunate of the Soldiers in the same year, suggesting the Scaevola family was
an entrenched Republican family of senatorial class from at least 486 BC. [2] In legend the Scaevolas
draw their name from a Gaius Mucius Scaevola of 508 BC who supposedly attempted to assassinate
the Etruscan king of Clusium, Lars Porsena and upon killing his secretary due to a mix up in
interpreting Etruscan dress, thrust his arm into a brazier and declared that 300 young men like him
would come for Porsena, leading to the king's withdrawal out of fear for his personal safety.[3]
Publius Mucius Scaevola had a father of the same name, who was consul in 175 BC with Marcus
Aemilius Lepidus.[4] Scaevola served as Pontifex Maximus following his younger brother Publius
Licinius Crassus Dives Mucianus’s death. Mucianus was elected consul alongside with high priest
Lucius Valerius Flaccus in the year 131 BC, after previously serving as Pontifex Maximus in 132
BC.[5][6]
Scaevola was also the father of Quintus Mucius Scaevola who was a consul in 95 BC. He was
responsible for the Lex Licinia Mucia, which sent Italian residents of Rome falsely claiming citizenship
back to their own towns.[7]

Early political career

Tribune of the Plebs 141 BC
Publius Mucius Scaevola served as tribune of the plebs in 141 BC. The consuls of this year were
Cnaeus Servilius Caepio and Quintus Pompeius.[8] Not much is known of Scaevola’s actions during
his year as tribune. Most significant in the historical record is his carrying of a plebiscite which placed
Hostilius Tubulus on trial for accepting bribes during his year as praetor in 142 BC.[9]
Praetor 136 BC
Scaevola was elected as praetor in 136 BC. Lucius Furius Philus and Sextus Atilius Serranus were
consuls during this year. During his year as a praetor Scaevola argued vehemently against the
citizenship rights of Mancinus,[10] who had demonstrated cowardice the previous year during a
campaign in the Numantine War and had subsequently been surrendered to the Numantines as
punishment, but had been rejected.[11][12]

Consulship 133 BC
Rome during Scaevola’s Consulship

Publius was elected consul at a pivotal point in Roman history. The Punic Wars had ended only 13
years beforehand and Rome now controlled many new territories around the Mediterranean through
military expeditions such as Scipio Aemilianus’ conquest of Numantia in modern-day Spain, as well
as the annexation of Asia Minor. Upon the death of Attallus III of Pergamum in 133 BC Rome was
granted the land belonging to Attallus in his will. However, an Attalid pretender called Eumenes
III tried to retain the lands. In 130 BC he defeated Scaevola’s brother and then-consul Publius Licinius
Crassus Dives Mucianus, killing him. Later, Scaevola’s son Quintus Mucius Scaevola engaged in
more fighting in the region, though not of clear nature, receiving a proconsular command in 121
BC.[13] The rapid expansionism throughout this period caused internal unrest that had triggered
the First Servile War in Sicily two years earlier in 135 BC. Publius Mucius Scaevola’s
fellow consul Lucius Calpernius Piso led armies in 133 BC against the slave revolt on the island of
Sicily. This revolt was led by a man named Eunus, a semi-prophetic military leader who managed to
win several small scale engagements against larger Roman forces. Piso managed to suppress this
long-running revolt, though Scaevola had little involvement in this campaign and therefore shared
little of the popularity and prestige it incurred.[14] At some point during this period both Piso and
Scaevola were absent from the city of Rome, meaning the Senate was presided over by the urban
praetor.[15]
Tiberius Gracchus
Lex Sempronia Agraria

Guillaume Rouille (1518?-1589) - "Promptuarii Iconum Insigniorum"

Before Tiberius Gracchus drew up the highly significant Lex Agraria, he consulted with the
preeminent citizens of the day, including Publius Mucius Scaevola, who was consul at the
time. Plutarch describes Publius Mucius as a jurist, foremost in virtue and reputation. [16] Following his
consultation with Publius Mucius, among others, Tiberius Gracchus drew up a law that was more
lenient towards those occupying public lands than expected. [17][18]
Jury (Gracchus vs. Scipio)
When conflict between Tiberius Gracchus and his opponents came to a head, Publius Mucius
Scaevola publicly refused to support Scipio Nasica’s attempt to depose Tiberius Gracchus. But
following Tiberius’ death he tried to restore stability to the Senate, by retrospectively approving the
violent events he had previously refused to support.[19] Twentieth century historians have debated
whether this about-face demonstrates a man of integrity standing above the factional squabbles in
order to secure stability in precarious circumstances, or the propensity to change his factional
allegiance at the drop of a hat. For example, in 1965 Erich S. Gruen depicted Publius Mucius
Scaevola as a man constantly changing factional allegiance – describing him as a successful but
unprincipled politician.[20] In contrast, Wiseman, Bernstein and Badian all argued in the early 1970s
for a more favourable assessment of Scaevola as a man of independence and integrity.[21][22][23][24]

Later life
Pontifex Maximus 130-115 BC
Publius Mucius Scaevola became Pontifex Maximus in 130 BC, after his brother, Publius Licinius
Crassus Dives Mucianus, was killed in battle while fighting in the kingdom of Pergamum.[25][26] His
most notable contribution during this period was the publication of the final Annales Maximi.
The Annales Maximi were annals maintained by the Pontifex Maximus, dating back to 400
BC.[27] The Pontifex Maximus, the highest-ranking priest in the Roman Republic, was responsible for
recording the names of the magistrates of each year, as well as significant events. The annals
ceased being written in the 130s BC, and Publius Mucius Scaevola reportedly published the complete
record in his capacity as Pontifex Maximus.[28]
Death
According to historian David Stockton, the exact year of Publius Mucius Scaevola’s death is
unknown. Later juristic writers indicate he was still alive in 121 BC, but he must have died some time
before 114 BC, when a different chief pontiff presided over the first trial of the Vestal Virgins. [29]

Aemilius Papinianus
Aemilius Papinianus (Greek: Αιμίλιος Παπινιανός) (142 CE–212 CE), also known as Papinian, was
a celebrated Roman jurist, magister libellorum, attorney general (advocatus fisci) and, after the death
of Gaius Fulvius Plautianus in 205 CE, praetorian prefect.
Papinianus was one of the most revered jurists in ancient Rome, as third year law students were
given the title "Papinianistae" (meaning "they that are worthy to study Papinian"). In his time, he had
been called "the Asylum of Right and Treasurer of the Laws".[1] Along
with Gaius, Paulus, Modestinus and Ulpian, he was made one of the five jurists whose recorded
views were considered decisive by the Law of Citations of 426 CE; their views would later be
considered the only suitable ones to be cited as primary sources for the Codex Theodosianus and
the Corpus iuris civilis, provided that Papinian's views prevailed whenever those of the four other
jurists were not congruent. French jurist Jacques Cujas later wrote that "there was never such a great
lawyer before, nor ever will be after him".[1]

Life
Little is known about Papinianus. He was of Syrian birth and a native of Emesa, for he is said to have
been a kinsman of Septimius Severus' second wife, Julia Domna,[2] who was a member of the royal
family of Emesa.
One source shows him as a follower of the casuistry of Quintus Cervidius Scaevola,[3] another shows
him to have been his pupil.[1][4] A concurring (but dubious) passage in the Augustan History claims
that he studied law with Severus under Scaevola.
Papinianus was an intimate friend of Emperor Severus and accompanied him to Britain during 207
CE, where he served in "the forum of York" [5] in response to an uprising by Scottish Highlanders.[6] He
was at some time made an attorney general (advocatus fisci), master of petitions (requests), magister
libellorum, by Severus.[3] He also served as Treasurer and Captain of the Guard for the
Emperor.[1] Before the emperor's death, he commended his two sons Caracalla and Geta into the
lawyer's charge. Sharing in the governorship of the Roman Empire with Geta proved unsatisfactory
for Caracalla, who decided at some time to usurp his brother. Papinian, trying to keep peace between
the brothers, only proved to encourage the hatred of Caracalla, consequently passing an order to
have the lawyer beheaded (Spartianus, Caracalla),[1][2][4] and his body dragged through the streets of
Rome.[7] His death followed the 212 CE fratricide of Geta, amongst the general slaughter of his
friends and those perceived associated with him, according to one source estimated as 20,000
persons.[6]
The author of the 1911 Encyclopædia Britannica article states that the details of Papinianus' death
"are variously related, and have undergone legendary embellishment."

Works
Much of his output has been lost, as what we have is small compared to other jurists such
as Ulpian or Paul. The principal works of Papinianus include: Quaestiones in 37 books (written before
198 CE); nineteen books of [8] Responsa (written sometime between 204 CE and his death); two
books,[8] the Definitiones[9] and De adulteriis, and other works,[8]the shortest of these being
Αστυνόμικος (City-Administration) which was a manual on the duties for commissioners of streets and
bridges.[9]

Salvius Julianus
Lucius Octavius Cornelius Publius Salvius Iulianus Aemilianus (c. 110 – c. 170), generally
referred to as Salvius Iulianus, or Julian the Jurist, or simply Iulianus, was a well known and
respected jurist, public official, and politician who served in the Roman imperial state. Of north African
origin, he was active during the long reigns of the emperors Hadrian (r. 117–138), Antoninus Pius (r.
138–161), and Marcus Aurelius (r. 161–180), as well as the shorter reign of Marcus Aurelius' first co-
Emperor, Lucius Verus (r. 161-169).
In the Roman government, Julianus gradually rose in rank through a traditional series of offices. He
was successively quaestor to the Emperor Hadrian (with double the usual salary), tribune of
the plebs, praetor, praefectus aerarii Saturni, and praefectus aerarii militaris, before assuming the
high annual office of Roman consul in 148.[1] Julianus also served in the emperor's inner circle,
the consilium principis, which functioned something like a modern cabinet, directing new legislation,
but also sometimes like a court of law. "Hadrian organized it as a permanent council composed of
members (jurists, high imperial functionaries of equestrian rank, and senators) appointed for life
(consiliarii)."[2] In the 4th-century Historia Augusta,[3] the Emperor Hadrian's consilium
principis included Julianus.
Though Julianus for decades served several emperors in succession, at high levels of the Roman
imperial government, to investigate the details of his jurisprudence his written works on law are the
primary sources. "The task of his life consisted, in the first place, in the final consolidation of the
edictal law; and, secondly, in the composition of his great Digest in ninety books."[4]

Life and career

Julianus was born during the last years of the Emperor Trajan (r. 98–117), probably at the village
of Pupput near the Roman colony of Hadrumetum, on the east coast of Africa Province (now
modern Sousse in Tunisia). Apparently he came from a Latin-speaking family. At Hadrumetum, an
inscription has been discovered which describes his career in office. [5][6]
He studied law with Javolenus Priscus, the head of the Sabinian school of legal thought. Julianus
refers to Javolenus in his mature legal writings.[7][8][9] Even as a young man he was renowned for his
learning. According to his contemporary the Roman jurist Sextus Pomponius, Julianus (along with
Aburnus Valens and Tuscianus) eventually came to lead for a time this very influential school
of jurisprudence. A student of Julianus, namely Sextus Caecilius Africanus, perhaps later followed as
the head of this Sabinian school.[10][11]
During the Principate the classical Roman law flourished.[12] Two schools of legal thought contended:
the Proculian (earlier linked to Labeo) and the Sabinian. It appears there was some rivalry between
Julianus, who led the Sabinian, and another Roman jurist, a contemporary named Publius Iuventius
Celsus, who led the Proculian. Neither one quoted the other in his writings, apparently. [13] Among
long-standing, close colleagues of Julianus were the aforementioned jurists Africanus and
Pomponius.[14][15]
During this period Hadrian (r.117–138) also appointed Julianus to revise into final form the Praetor's
Edict, which up until then had been announced annually. Thereafter, Iulianus became occupied with
writing his own substantial commentary on developments in Roman law, his celebrated Digestorum
libri xc [Digesta in 90 books].[16]
Under the next emperor, Antoninus Pius, Julianus continued serving in the imperial council,
the consilium principis.[17] Subsequently he became governor of Germania Inferior under Antonius
Pius, and later governor of Hispania Tarraconensis under the emperor Marcus Aurelius. Julianus then
returned to his native region where, c. 168-169, he concluded his career as proconsul of Africa
Province.[6] He seems to have died during the co-reign of Lucius Verus (r.161-169).[18]
Little is known of his private life. Yet Julianus (whose own date of birth is uncertain) evidently was
related to the emperor Didius Iulianus (133–193, r.193). Perhaps through his daughter from
Hadrumetum, who married into "one of the most prominent families of Mediolanum" (modern Milan),
he became the grandfather of Didius Iulianus, or else his uncle. [19][20][21] Yet Didius was unfortunately
a notorious scoundrel, who nonetheless was evidently raised by the mother of the noble
Emperor Marcus Aurelius (r.161–180).[22]

Legal works

Senatus Populusque Romanus.

The Praetor's Edict
Soon after 125, the emperor Hadrian appointed Julianus to collect and revise all the edicta
praetorum or Praetors' Edicts available. For centuries each incoming praetor urbanus had issued
these annual edicts, which announced his legal positions for the next year. "The contents of the
praetorian Edict can be summed up as constituting the praetor's programme of office: he is
announcing to the public, at the beginning of his term, how he intends to exercise his office." [23] For
centuries, until the end of the Republic (to 44 BC), this document had been a most influential and
pervasive legal authority in Roman law.[24] By the 2nd century, however, the Praetor's Edict merely
might adopt novel procedures to enforce new legislation made elsewhere, e.g., by imperial
enactment. In a senatus consultum, Hadrian directed that the revision by Iulianus thereafter be made
perpetual.[25][26] Professor Michael Grant writes that his revision proved to be of some use to the
poor.[27] Another scholar writes, "The Edict, that masterpiece of republican jurisprudence, became
stabilized. ... By order of [Hadrian] the famous jurist Julian settled the final form of the praetorian
and aedilician Edicts."[28]
Yet our sources for this major reform are "meagre and late", so that it "is difficult to tell what Julianus
in fact did."[29] A key feature of the Praetor's Edict was its organisational scheme, the order in which
the various subjects of the law are presented. This sequence had obviously "grown up gradually from
one generation to another. How far Julian's final redaction departs from the hitherto traditional
arrangement we have not the means of judging save in some exceptional cases." Nonetheless,
certain changes in the Edict wrought by Julianus are well known, e.g., regarding intestate succession,
that affecting shares of inheritance among children in the Bonorum possessio unde
liberi.[30] Moreover, his other alterations do not seem problematic. It was this received "edictal order of
topics" that was already widely used in juristic works of the Principate, during the classical period of
Roman Law.[31] Among Roman jurists, "Julian's work on the Edict was traditionally regarded as of
great importance [as] he is repeatedly spoken of as compositor, conditor, ordinator of the Edict."[32]
His Digesta in 90 books
Of his own writings, his principal work was the Digesta, a systematic treatise on civil and praetorian
law which was often cited by Roman legal writers. ―It is a comprehensive collection of responsa on
real and hypothetical cases; in general, it followed the edictal system.‖ The works of Iulianus, in
particular his Digesta, "are among the most highly appreciated products of Roman juristic
literature."[10]
Prof. Schulz, however, notes the reluctance of classical Roman jurists to formulate
principles.[33] "Even in the more theoretical works, such as Julian's... Digesta, case law is dominant,
and no attempt is made to translate the cases into abstract principles." This literature, however, does
employ "casuistical form" rather than "simply strung together" responsa.
"[P]roblems are considered from the point of view of general theory, with the result that imagined
cases play a considerable, perhaps even a predominant, part. But even so, a plain statement of the
theoretical result of the cases, a formulation of the principle to be deduced from them, is avoided." [34]
Other scholars remark on the ascendancy that his writings earned Julianus. According to Prof.
Buckland, his presence worked to transcend the opposing schools or sects of Roman law which had
continued for several centuries.[35] Prof. Sohm states:
"His vast acquaintance with practical case-law, the ingenuity of his own countless decisions, his
genius for bringing out, in each separate case, the general rule of law which, tersely and pithily put,
strikes the mind with all the force of a brilliant aphorism and sheds its light over the whole subject
around--these are the features which constitute the power of his work. Roman jurisprudence had
completed its dialectic training under Labeo and Sabinus, and the time had now arrived for applying
to the immense mass of materials the principles, categories, and points of view that had been thus
worked out. Julian's Digest exhibited Roman jurisprudence in all its strength, and its success was
proportionately great. ... From the time of Salvius Julianus, and as a consequence of his labors, there
was but one jurisprudence, and the lines on which it was progressing were those marked out by
him."[36]
The purpose of his Digesta was to expound the whole of Roman law. "It contains a collection
of responsa of the most varied kinds: answers by letter, answers in disputations (to be inferred when
the answer is introduced by dixi), true responsa in the technical sense, and answers to questions
which occurred to the author in the course of theoretical speculation." [37]
Other works
It is known that "Julianus also wrote commentaries on works of two earlier, [now] little known jurists,
Urseius Felix [Urseius, 4 books] and Minicius [Minicius, 6 books], and a booklet De
ambiguitatibus [On doubtful questions]."[10][38][39]
Excerpts in Corpus Juris Civilis
Following are short quotations of Julianus (c. 110 – c. 170) presented, chiefly from his Digesta, also
from his Minicius and his Urseius, taken from among Julian's hundreds found in the Corpus Juris
Civilis(Byzantium 533), as commissioned and promulgated by the Emperor Justinian I (r.527–565),
namely, in that part of the Corpus called the Digesta Iustiniani, in 50 books. These quotations are
translated here by Alan Watson as The Digest of Justinian, published by the University of
Pennsylvania (Philadelphia 1985), two volumes. Traditional Digest citation (book, chapter, source)
follows the quotation.

 libri 7 digestorum: "If the seller has misrepresented the condition of a farm but not its
measurements, he is still liable to the buyer; for example, suppose he said there were
fifty jugera of vineyard and fifty of meadow, and the meadow is found to be larger but there are
one hundred jugera in all." 19.1.22
 libri 13 digestorum: "When we indeed agree on the thing delivered but differ over the grounds of
delivery, I see no reason why the delivery should not be effective. ... Again, if I give you coined
money as a gift and you receive it as a loan, it is settled law that the fact that we disagree on the
grounds of delivery and acceptance is no barrier to the transfer of ownership to you." 41.1.36
 libri 15 digestorum: "It is not possible for every point to be specifically dealt with either in statutes
or in senatus consulta; but whenever in any case their sense is clear, the president of the tribunal
ought to proceed by analogical reasoning and declare the law accordingly." 1.3.12
 libri 27 digestorum: "We cannot follow a rule of law in instances where there has been a decision
against the ratio juris. 1.3.15 [Here, the latin text at the top of the article: In his, quae contra
rationem iuris constituta sunt, non possumus sequi regulam iuris.]
 libri 54 digestorum: "The nature of a cavil, which the Greeks call sorites, is this, that the argument
leads by short steps from what is evidently true to what is evidently false." 50.17.65
 libri 59 digestorum: "[A] person conceived after his grandfather's death can neither take the estate
on the latter's intestacy as suus heres nor receive bonorum possessio as cognate relative,
because the Law of the Twelve Tables calls to the inheritance a person who has been alive at the
time of the death of the man whose property is in question." 38.16.6
 libri 84 digestorum: "Age-encrusted custom is not undeservedly cherished as having almost
statutory force, and this is the kind of law which is said to be established by use and wont. For
given that statutes themselves are binding upon us for no other reason than that they have been
accepted by the judgment of the populace, certainly it is fitting that what the populace has
accepted without any writing shall be binding upon everyone. What does it matter whether the
people declares its will by voting or by the very substance of its actions? Accordingly, it is
absolutely right to accept the point that statutes may be repealed not only by vote of the
legislature but also by the silent agreement of everyone expressed through desuetude." 1.3.32:1
 libri 88 digestorum: "Whenever anyone stipulates for oil under a time clause or other condition, its
value ought to be assessed when the obligation vests; for from that moment it can be sued for. If it
is otherwise, the loss is the debtor's." 45.1.59
 libri 6 minicius: "If it is agreed that a landlord should not bring an action against a tenant and there
was a lawful ground for the agreement, the tenant nevertheless can bring an action against the
landlord." 2.14.56
 libri 3 urseius ferax: "A man agreed to buy land from one who had mortgaged it to a third party,
provided that the vendor discharged the encumbrance before the first of July. The question was
whether the purchaser could effectively bring the action on purchase to require the vendor to
redeem the land. The reply was: Let us consider what was agreed between the parties. If their
agreement was that come what may, the vendor should redeem the land before the first of July,
the action on purchase will lie for its redemption and the sale will not be regarded as conditional,
as though the purchaser said, 'I will buy the land, if you redeem it by the first of July' or 'provided
that you redeem it in that time from Titius.' But if the purchase were made under condition, there
will be no action to get the condition realized." 18.1.41

Influence and legacy

Among Roman jurists
His opinions influenced many other jurists, thanks to the clarity and finesse of his reasoning, as is
demonstrated by the fact that, in the Digest, there are 457 fragments written by Iulianus. His name
also appears first in the list of contributing jurisprudents prepared by order of Justinian, the Index
Florentinus. Centuries after his death, Emperor Justinianus would refer to him as legum et edicti
perpetui suptilissimus conditor.[40]
The 2nd-century Digesta of Salvius Iulianus was repeatedly excerpted, hundreds of times, by the
compilers of the 6th-century Pandectae (or Digest), created under the authority of
the Byzantine emperor Justinian I (r. 527–565). This imperial Pandect or Digest (part of the Corpus
Juris Civilis) was meant by the emperor to serve as a compendium of juristic experience and learning,
being drawn from the works of prior Roman jurists. "It has been thought that Justinian's compilers
used [Julian's Digest] as the basis of their scheme: in any case nearly 500 passages are quoted from
it."[41][42]
Julian died during the reign of the philosophical emperor Marcus Aurelius (r.161-180), who described
him in a rescript as amicus noster.[43] "His fame did not lessen as time went on, for later Emperors
speak of him in the most laudatory terms. ... Justinian speaks of him as the most illustrious of the
jurists."[44]
Among modern scholars
"[S]ome modern authorities would regard [Iulianus] as the greatest of all the Roman jurists, not
excluding even Papinian."[45] "With Iulianus, the Roman jurisprudence reached its
[10]
apogee." Professor William Warwick Buckland and Professor Peter Stein take stock of Iulianus, his
rôle and style, and compare him to a great jurist who flourished during the 18th century: [46]
No other jurist exercised so great an influence on the destinies of the law." [47]
His Digest was
a comprehensive treatise on both civil and praetorian law. ... The principal characteristics of Julian's
work seem to be a very lucid style and a clear recognition of the fact that legal conceptions must
move with the times. He seems to have played somewhat the part which Lord Mansfield did in
English law. He did a great work of co-ordination and generalisation, sweeping away unreal and
pedantic distinctions. [Prof.] Karlowa justly observes that the appearance of Julian was epoch-
making.[48]
Professor Fritz Schulz places the Roman jurist Iulianus in the context of the growth and development
of Roman law, praising his personal contribution made when Roman jurisprudence reached its full
height:
The heroic age of creative geniuses and daring pioneers had passed away with the Republic. Now
their ideas were to be developed to the full and elaborated down to the last detail. The culminating
point in the curve of this development lies unquestionably with the age of Trajan and Hadrian, when
the Principate itself reached its zenith. Julian's Digesta are the greatest product of Roman
jurisprudence; they dominate legal science till the end of the Principate. After Julian a slight decline is
sometimes observable, but on the whole the science of law remained on the same high level till the
middle of the third century.[49]

Marcus Antistius Labeo

Marcus Antistius Labeo (d. 10 or 11 AD) was an Ancient Roman jurist of the gens Antistia.
Marcus Antistius Labeo was the son of Quintus Antistius Labeo, a jurist who caused himself to be
slain after the defeat of his party at Philippi. A member of plebeian nobility in easy circumstances
young Labeo entered public life early. Marcus Antistius rose quickly to the praetorship; but
undisguised antipathy for the new regime and brusque manner he occasionally gave expression to
Republican sympathies in the Senate - what Tacitus[1] calls his incorrupta libertas - proved an
obstacle to his advancement. His rival, Ateius Capito, a loyal client of new ruling powers, was
promoted by Caesar Augustus to the consulateeven though Labeo was in line for the job. Smarting
under the wrong done him, Labeo declined the office when it was offered to him in a subsequent
year.[2]
From this time he seems to have devoted his whole time to jurisprudence. His training in the science
had been derived principally from Trebatius Testa. To his knowledge of the law he added a wide
general culture, devoting his attention specially to dialectics, philology (grammatica), and antiquities,
as valuable aids in the exposition, expansion, and application of legal doctrine. [3] Down to the time
of Hadrian his was probably the name of greatest authority; and several of his works were abridged
and annotated by later hands.
While Capito is hardly ever referred to, the dicta of Labeo are of constant recurrence in the writings of
the classical jurists, such as Gaius, Ulpian and Julius Paulus; and no inconsiderable number of them
were thought worthy of preservation in Justinian's Digest. Labeo gets the credit of being the founder
of the Proculian school, while Capito is spoken of as the founder of the rival Sabinian one; [4] but it is
probable that the real founders of the two scholae were Proculus and Masurius Sabinus, followers
respectively of the methods of Labeo and Capito.
Labeo's most important literary work was the Libri posteriores, so called because published only after
his death. It contained a systematic exposition of the common law. His Libri ad Edictum embraced a
commentary, not only on the edicts of the urban and peregrine praetors, but also on that of the curule
aediles. His Probabilium lib. VIII., a collection of definitions and axiomatic legal propositions, seems to
have been one of his most characteristic productions.

Sextus Caecilius Africanus

Sextus Caecilius Africanus (died ca. 169/175) was an ancient Roman jurist and a pupil of Salvius
Julianus.
Only one quote (Dig. 30,39 pr.) remains of his Epistulae of at least twenty books. Excerpts of
his Quaestiones, a collection of legal cases in no particular order in nine books, are also reproduced
in the Digests.
The Quaestiones are most likely intended for use in legal education. They also appear to be closely
connected to Julianus' work, who is often cited in them; it is assumed that he decided the majority of
these cases. Nonetheless, Caecilius at times also expresses his own opinion of Julianus, including
critically (Dig. 19,2,33).

Sextus Pomponius
Sextus Pomponius was a jurist who lived during the reigns of Hadrian, Antoninus Pius and Marcus
Aurelius.[1] Other writers have expressed a view that the name Pomponius Sextus was shared by
another jurist, although Puchta (Cursus der Institution, vol. i. p. 444) suggested the assumption of two
"Pomponii" lacked reason.
He wrote a book on the law up to the time of Hadrian, known as the Enchiridion of Sextus
Pomponius.[2][3]

Masurius Sabinus
Masurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius (reigned
14–37 AD).[1] Unlike most jurists of the time, he was not of senatorial rank and was admitted to
the equestrian order only rather late in life,[2] by virtue of his exceptional ability [3] and
imperial patronage. Masurius was the first person to give "state-certified opinions" (publice
respondere),[4] a privilege granted by the emperor which marked increasing imperial control over the
judicial process after the end of the Roman Republic. Before the Principate of Augustus, the value of
legal opinions was based on the expertise of those who gave them. [5] The passage in the Digest of
Justinian that discusses the granting of Masurius's authority is thus a pivotal point in the history
of Roman law.[6]
Masurius was a leader of the Sabiniani, a school or sect of legal thought in the 1st and 2nd centuries
AD. He was succeeded by a line of jurists including Marcus Arulenus Caelius Sabinus (consul 69
AD), Gaius Cassius Longinus (hence adherents of the school are also referred to as
the Cassiani), Javolenus Priscus, and Salvius Julianus. Gaius Ateius Capito was the founder of the
school.[7] They were rivals to the Proculiani, named after Proculus, but despite many references
in Gaius to their controversies,[8] it is hard to disentangle consistent views for each. [9] Gaius seems to
have counted himself among the Sabinians.[10] It may be that the Sabinian school were strict
constructivists, while the Proculians exercised greater latitude in their arguments. [11]
Masurius's principal work was a treatise on civil law (ius civile) in three volumes, which had extensive
influence.[12] Later jurists such as Ulpian wrote commentaries on his work, but preserved no
excerpts.[13]

Publius Juventius Celsus

Publius Juventius Celsus Titus Aufidius Hoenius Severianus (AD 67– AD 130) — the son of a
little-known jurist of the same name, hence also Celsus filius — was, together with Julian, the most
influential ancient Roman jurist of the High Classical era.
Celsus was presumably born in upper Italy, where the gentilicum of Juventius was common and
where senatorial Juventii can also be found. In either 106 or 107 Celsus was praetor. In 114/115 he
was governor of Thracia, and afterwards he became suffect consul for the nundinium of May–August
115 as the colleague of Lucius Julius Frugi. Celsus held the office of consul the second time
as consul ordinariusfor the year 129 with Lucius Neratius Marcellus as his colleague. He achieved the
apex of a successful senatorial career when he became proconsul of Asia in 129/130.
Celsus succeeded his father Juventius Celsus in the Proculian school of lawyers. He was part of the
Consilium of Hadrian and helped bring about the Senatus consultum Iuventianum, which held that a
good-faith possessor of an inheritance only had to yield it back inasmuch as he was enriched by it.
Another dictum of his, impossibilium nulla obligatio est – impossible obligations are void – has
become a core tenet of civil law.
Celsus' legal style was bold and biting. He left us the only definition Roman law ever conceived for
itself – ius est ars boni et aequi. Pliny the Younger did, however, criticise his rhetorical weaknesses.
Celsus' principal works are his 39 libri digestorum.

Notable dicta

 Ius est ars boni et aequi – Law is the art of the good and the equitable (Dig. 1, 1, 1)
 Scire leges non hoc est verba earum tenere, sed vim ac potestatem – Knowing the laws does not
mean knowing their words, but their intent and purpose (Dig. 1, 3, 17)
 Incivile est, nisi tota lege perspecta, una aliqua particula eius proposita iudicare vel respondere –
It is not artful to judge or to counsel based on a snippet of the law, without taking into
consideration the law in its entirety (Dig. 1, 3, 24)
 Impossibilium nulla obligatio est - There is no obligation to do the impossible (Dig. 50, 17, 185)
 Nihil aliud est actio quamd ius quod nobis debeatur, iudicio persequendi - An action is nothing
else but the right to recover by judicial process on the merits that which is owing to one (Dig. 44,
7, 51)

Ulpian
Ulpian (/ˈʌlpiən/; Latin: Gnaeus Domitius Annius Ulpianus; c. 170 – 223) was a
prominent Roman jurist born in Tyre.[1] He was considered one of the great legal authorities of his
time and was one of the five jurists upon whom decisions were to be based according to the Law of
Citations of Valentinian III.[2]

Biography
The exact time and place of his birth are unknown, but the period of his literary activity was between
AD 211 and 222. He made his first appearance in public life as assessor in the auditorium
of Papinian and member of the council of Septimius Severus; under Caracalla he was master of the
requests (magister libellorum). Elagabalus (also known as Heliogabalus) banished him from Rome,
but on the accession of Severus Alexander (222) he was reinstated, and finally became the emperor's
chief adviser and Praefectus Praetorio.
During the Severan dynasty, the position of Praetorian prefect in Italy came increasingly to resemble
a general administrative post, and there was a tendency to appoint jurists such as Aemilius
Papinianus, who occupied the post from 203 until his elimination and execution at the ascent of
Caracalla. Under Severus Alexander the Praetorian prefecture was held by Ulpian until his
assassination by the Guard in the presence of the Emperor himself.
His curtailment of the privileges granted to the Praetorian Guard by Elagabalus provoked their enmity,
and he narrowly escaped their vengeance; ultimately he was murdered in the palace by the Guard, in
the course of a riot between the soldiers and the mob.[3]

Works
His works include Ad Sabinum, a commentary on the jus civile, in over 50 books; Ad edictum, a
commentary on the Edict, in 83 books; collections of opinions, responses and disputations; books of
rules and institutions; treatises on the functions of the different magistrates — one of them, the De
officio proconsulis libri x., being a comprehensive exposition of the criminal law; monographs on
various statutes, on testamentary trusts, and a variety of other works. His writings altogether have
supplied to Justinian's Digest about a third of its contents, and his commentary on the Edict alone
about a fifth. As an author, he is characterized by doctrinal exposition of a high order, judiciousness of
criticism, and lucidity of arrangement, style, and language. [3] He is also credited with the first life
table ever.[4]
Domitii Ulpiani fragmenta, consisting of 29 titles, were first edited by Tilius (Paris, 1549). Other
editions are by Hugo (Berlin, 1834), Booking (Bonn, 1836), containing fragments of the first book of
the Institutiones discovered by Endlicher at Vienna in 1835, and in Girard's Textes de droit
romain (Paris, 1890).[3]

Legacy
It had been assumed for a long time that Ulpian of Tyre was a model for Athenaeus' Ulpian in The
Deipnosophists — or The Banquet of the Learned. Athenaeus makes 'Ulpian' out to be a grammarian
and philologist, characterised by his customary interjections: "Where does this word occur in
writing?". He is represented as a symposiarch and he occupies a couch alone; his death is passed
over in silence in Book XV 686c. Scholars today agree that Athenaeus's Ulpian is not the historical
Ulpian, but possibly his father.
The date of the real Ulpian's death in 223 AD has been wrongly used to estimate the date of
completion of The Deipnosophists.
In the study of law, he is mostly remembered for the phrase "Juris praecepta sunt haec: honeste
vivere, alterum non laedere, suum cuique tribuere (The basic principles of law are: to live honorably,
not to harm any other person, to render each his own)".[5]