APPENDIX Biographies of the Major Roman Jurists

Jurists who are cited or referred to more than once in the Cases are marked by an asterisk.

*AFRICANUS.

*ALFENUS. Publius Alfenus Varus, consul in 39 B.C. and a student of Servius, wrote forty books of Digests that were excerpted and commented on by Paul in the late classical period. He is the only preclassical jurist whose writings are represented by numerous excerpts (eighty-one fragments) in the Digest; they frequently report views of Servius.

BRUTUS. Marcus Junius Brutus, praetor in 142 B.C., is counted among the three founders of Roman legal science.

*CALLISTRATUS. Callistratus was a late classical jurist whose writings are mainly con­cerned with extraordinary cognition and administrative law. The Digest contains 108 fragments of his writings.

CAPITO. Gaius Ateius Capito was suffect consul in A.D. 5. From an undistinguished family, he enjoyed the favor of Augustus (reign: 31 B.C. to A.D. 14), in sharp contrast to Marcus Antistius Labeo, who did not attain the consulate. Capito wrote a treatise on pontifical law and a collection called Miscellanies (Coniectanea).

CASCELLIUS. Aulus Cascellius was a contemporary, if not a student, of Servius in the first century B.C.

*CASSIUS. Gaius Cassius Longinus, descended from an eminent Republican family, was consul in A.D. 30, later proconsul and legate in Asia and Syria, but in 65 he was ban­ished to Sardinia by Nero (reign: A.D. 54-68). A pupil of Sabinus, he helped found the school of jurists that is also called Cassian. His major work, a commentary on the ius civile, is known from excerpts reworked by Javolenus.

*CELSUS. Publius Juventius Celsus (praetor in A.D. 108, consul for the second time in 128, governor of Thrace and Asia, a member of Hadrian's Council) is one of the most prominent juristic personalities of the high classical period. His acuteness and originality were accompanied, at times, by aggressive polemics. Along with Ner- atius, he headed the Proculian school and appears to have contributed to overcom­ing school controversies. Of special note are his abstract statements on the sources of law and the methods of legal interpretation.

Celsus's major work, the Digests in thirty-nine books, follows the order of the Edict (Books 1-27) and a standard list of statutes and decrees of the Senate (279 fragments).

color=black face="Book Antiqua">CINNA. Cinna was a student of Servius Sulpicius Rufus and thus is datable to the sec­ond half of the first century B.C. Nothing else is known about him.

FLORENTINUS. He wrote the Institutes, a fairly comprehensive introductory work in twelve books, apparently no earlier than the reign of Marcus Aurelius (A.D. 161-180).

FULCINIUS.

FURIUS ANTHIANUS. He is an obscure jurist, possibly of late classical date, who wrote a commentary on the Edict.

*GAIUS. Gaius (his family name and origin are unknown) was an outsider in classical jurisprudence; he was a teacher of law, probably without the ius respondendi. His writings (some twenty in number, dating from A.D. 150-180) were intended mainly to instruct (e.g., the material is carefully organized) and also show an inter­est in legal history (e.g., his commentary on the Twelve Tables); but they avoid ca­suistic discussion of legal problems. Perhaps for this reason, Gaius was not consid­ered worthy of citation by his contemporaries, but he came to be recognized as a major jurist in the postclassical period and is frequently cited in the Digest (521 fragments). His main significance lies in the area of abstract doctrine and system building.

Gaius's thirty books on the Provincial Edict are an extended commentary on the model Edict for the provinces; the Emperor Hadrian (reign: A.D. 117-138) had or­dered the Provincial Edict to be edited along with the urban praetor's Edict, and the two closely resembled each other. Governors were required to proclaim the Provin­cial Edict unchanged. Gaius's commentary was perhaps written as a basis for law courses in a provincial city.

Gaius's Institutes, a beginner's text in four books, was used as the basis for Jus­tinian's Institutes, which have profoundly influenced Continental legal education and codification down to modern times. Gaius's Institutes is the only work of classi­cal jurisprudence that survives in approximately its original form.

Gaius also prepared an expanded seven-book edition of the Institutes, which he called the Res Cottidianae or Aurea. Scholars today believe that the preserved frag­ments from this work contain some postclassical additions.

GALLUS. Gaius Aquilius Gallus, a student of Quintus Mucius Scaevola, was praetor in 66 B.C. and one of the major jurists of his day He apparently wrote nothing, and his opinions are mainly transmitted through Servius.

*HERMOGENIANUS. He was an early postclassical jurist who wrote six books of Legal Excerpts under Diocletian (reign: A.D. 284-305); he probably also compiled the Hermogenian Code, a collection of Diocletian's rescripts between 291 and 294.

*JAVOLENUS. Lucius Javolenus Priscus, head of the Sabinian school and Julian's teacher, wrote during the late first and early second centuries A.D.; he was consul in A.D. 86 and later governor in Upper Germany, Syria, and Africa, as well as a mem­ber of Trajan's Council (reign: A.D. 98-117). The Digest contains seventy-two ex­cerpts from his most important work, the Letters (fourteen books), the longer frag­ments of which preserve the response format. He also prepared critical editions of several earlier jurists (Labeo, Cassius, Plautius).

*JULIAN. Publius Salvius Julianus, a student of Javolenus, enjoyed a brilliant career during the reigns of Hadrian (A.D.

Besides his major juristic work, the Digests (ninety books), he also wrote four books commenting on Urseius Ferox and six books of excerpts from Minicius (an otherwise unknown jurist of the late first century A.D.). Julian is praised especially for his clarity, elegance, and intuition and for the concrete vividness and realistic persuasiveness of his decisions. He seldom cites other jurists, basing his decisions instead on virtuosic reasoning from case to case; nor does he hesitate to overstep doctrinal boundaries in order to obtain fair results. The late classical jurists, espe­cially Ulpian, cite him as a towering authority In the Digest the compilers include more than 900 direct excerpts or citations from Julian's work.

*LABEO. Marcus Antistius Labeo was a student of Trebatius; because of his creative originality, he is considered the preeminent figure in early classical jurisprudence. He allegedly declined the consulate because of his opposition to the Emperor Au­gustus (reign: 31 B.C. to A.D. 14). Labeo taught law extensively—the Proculian ju­ristic school is traced back to him—and also wrote at length. Labeo's voluminous works (over 400 books) are known to us only through two abbreviated versions: the jurist Javolenus epitomized and commented on Labeo's posthumous writings (in ten books), and Paul later did the same for the Arguments (Pithana), in eight books).

LICINIUS RUFINUS.

MACER. Aemilius Macer was from a senatorial family prominent in the late second and early third centuries A.D. and was himself active in the reigns of Caracalla (211-217) and Alexander Severus (222-235), when he composed monographs on procedure, military law, and the provincial governorship.

*MARCELLUS. Ulpius Marcellus, a high classical jurist, belonged to the Councils of Antoninus Pius (reign: A.D. 138-161) and Marcus Aurelius (reign: A.D. 161-180). His major work is thirty-one books of Digests, a collection of problems influenced by Julian's Digests. Justinian's Digest contains 292 fragments of his writings.

*MARCIAN. Aelius Marcianus, one of the last of the late classical jurists, wrote a lengthy Institutes, in sixteen books, as well as a collection of Rules (Regulae) and some monographs, mainly on criminal procedure, most likely in the reigns of Elagabalus (218-222) and Alexander Severus (222-235).

MAURICIANUS. Junius Mauricianus wrote an extensive commentary on the lex Iulia et Papia, the Augustan marriage legislation, under Antoninus Pius (reign: 138-161).

MELA. Fabius Mela is thought to have written during the reign of Augustus (31 B.C. to A.D. 14).

*MODESTINUS. Herennius Modestinus, a student of Ulpian, is the last securely data­ble late classical jurist. Modestinus was Prefect of the Watch under Alexander Severus (reign: 222-235) and/or one of his successors. He composed Responsa in nineteen books, as well as Controversial Questions (Differentiae), Rules (Regulae, and—in Greek— Excusationes, a work dealing with grounds for exemption from guardianship.

P. MUCIUS. Publius Mucius Scaevola, consul in 133 B.C., and pontifex maximus, him­self the son of a consul, was a founder of Roman legal science and the father of Quintus Mucius Scaevola.

*Q. MUCIUS. Quintus Mucius Scaevola (the pontifex), consul in 95 B.C., is considered the most important preclassical jurist. He came from an aristocratic family that boasted many jurists, and his father, Publius Mucius Scaevola, was one of the founders of Roman legal science. According to Pomponius, Quintus Mucius was the first jurist to present the ius civile in systematic classifications. His eighteen books on the ius civile were still commented on by Pomponius in the second cen­tury A.D.

*NERATIUS. Lucius Neratius Priscus (consul in A.D. 98, later legate in Pannonia) headed the Proculian school after the elder Celsus; he belonged to the Imperial Council of Trajan (reign: A.D. 98-117) and of Hadrian (A.D. 117-138). His major works are collections of case law (Responses, Letters, Rules of Law, Parchments). He is well represented by 188 fragments or citations in the Digest.

NERVA. Marcus Cocceius Nerva (consul in A.D. 21 or 22) was a close advisor of the Emperor Tiberius (reign: A.D. 14-37). Along with Proculus, he led what was later called the Proculian school of jurists. Although later jurists often cite him, the titles of his writings are unknown. His son was also a jurist, and his grandson was Em­peror Nerva (reign: A.D. 96-98).

OCTAVENUS. He appears to have written at the beginning of the second century A.D.; his work is cited fairly frequently by later authors.

OFILIUS. Aulus Ofilius was a student of Servius and a friend of Julius Caesar; no ex­cerpts from his work survive in the Digest, but he is cited by other jurists more than fifty times.

*PAPINIAN. Aemilius Papinianus rose to the summit of the imperial bureaucracy. In A.D. 198 Papinian appears to have headed the Office of Petitions (a libellis), which drafted rescripts for the Emperor Septimius Severus (reign: A.D. 193-211) and his son, coruler, and successor, Caracalla (A.D. 198-217). Ulpian, who served as Pap- inian's clerk (adsessor), often refers to Severus's rescripts in his writings. From 203 to 211 Papinian served as praetorian prefect, with Paul and Ulpian probably act­ing as his clerks (adsessores) during part of this period. Papinian was executed in 211 or 212, allegedly because he objected to Caracalla's murder of his brother and coruler Geta.

Papinian's works (especially his thirty-seven books of Questions and nineteen books of Responses) preserve casuistry in its highest form. Despite their difficult style and their frequent extreme brevity of expression, Papinian's works are fasci­nating because of the richness of his thought and the sureness of his handling. The compilers of the Digest regarded him highly and made numerous excerpts from his writings (only Ulpian and Paul are used more frequently); and still today he is rightly regarded as one of the greatest Roman jurists.

PAPIRIUS JUSTUS. He may have held an equestrian post in the imperial bureaucracy; he collected the constitutions of Marcus Aurelius and Lucius Verus (joint reign: A.D. 161-169) and those of Marcus from his sole reign (A.D. 169-176). He is the only jurist known to have edited imperial constitutions in their original text, without commentary.

*PAUL. The late classical jurist Julius Paulus was a student of Cervidius Scaevola. Like Ulpian, he began his bureaucratic career as a clerk (adsessor) to the praetorian pre­fect Papinian. Along with Ulpian, he then served on the Council of Septimius Severus (reign: A.D. 193-211); and under Alexander Severus (A.D. 222-235) he may have become praetorian prefect, the highest imperial office. Paul is considered more original than his slightly younger contemporary Ulpian, who seems to have inclined more strongly toward consolidating legal conceptions through dogma, thereby obscuring their original elasticity.

Despite his undoubtedly difficult and time-consuming official duties, Paul was astonishingly productive (notes on Neratius, Julian, Marcellus, and Scaevola; six­teen books on Sabinus; twenty-six books on Questions; twenty-three books on Re­sponses; dozens of monographs on specialized topics). Paul's commentary on the praetor's Edict is a monumental work in eighty books, in which classical case law is critically assembled, examined, and presented from a relatively systematic view­point. The compilers of the Digest made numerous excerpts from his writings, amounting to about one-sixth of the entire Digest; but in the process they usually struck out Paul's extensive citation of earlier jurists and his reports of controversies.

The Sentences, attributed to Paul, is a collection of excerpts from the writings of Paul and (perhaps) other jurists; the collection was assembled in the late third cen­tury A.D. Until fairly recently the Sentences was considered a genuine and important work of Paul; as such, it had a major influence on postclassical and medieval law Today the work is valued mainly because it preserves many texts of Paul in pre-Jus- tinianic form.

PEDIUS. See SEX. PEDIUS.

PEGASUS. Pegasus succeeded Proculus as head of the Proculian school, served as pre­fect of the city under Vespasian (reign: A.D. 69-79) and under Domitian (reign: A.D. 81-96), and also became consul. His great reputation for learning led contempo­raries to describe him as “a book, not a man”; but he is rarely cited by other jurists.

PLAUTIUS. Plautius was an adherent of the Proculian school and wrote during the Flavian period (A.D. 69-96). His writings were regarded as highly as Sabinus's Civil Law; they were annotated by Neratius and Javolenus. Pomponius (seven books) and especially Paul (eighteen books) wrote commentaries on his work.

color=black face="Book Antiqua">*POMPONIUS. Sextus Pomponius, a contemporary of Gaius, like him represents an ac­ademic tendency in Roman jurisprudence. Nonetheless, he had great influence as the author of wide-ranging commentaries (39 books on Quintus Mucius; an ex­haustive commentary on Sabinus in 35 books; his commentary on the praetor's Edict may have reached the impressive length of 150 books). Pomponius is fre­quently cited, especially by Ulpian, and there are numerous excerpts from him in the Digest (861 fragments or citations).

*PROCULUS. The early classical jurist Proculus wrote in the first half of the first cen­tury A.D. Probably in A.D. 33 he took over direction of the school that was later named for him. The Digest contains thirty-three fragments from his main work, the Letters. This work discusses legal problems in the question-and-answer format of responses; but the actual cases are less prominent than their theoretical extensions. Proculus's numerous distinctions give the work a didactic schematism.

*SABINUS. Masurius Sabinus was an early classical jurist to whom the Emperor Tiberius (reign: A.D. 14-37) gave the ius respondendi. Sabinus was the first member of the equestrian order to have that right. The Sabinian school of jurists was founded by him. His most significant work, three books on the ius civile, was widely used throughout the classical period. Pomponius, Paul, and Ulpian wrote enor­mous commentaries on them.

SATURNINUS. Of uncertain date, though most likely from the mid- to late second century A.D., Claudius Saturninus wrote a treatise on criminal-law penalties.

*SCAEVOLA. Quintus Cervidius Scaevola was Paul's teacher and an advisor of Marcus Aurelius (reign: A.D. 161-180). His casuistic writings (six books of Responses, twenty of Questions, forty of Digests) contain brief, precise descriptions of cases, often without justifications. His writings are well represented by 344 excerpts or ci­tations in the Digest.

*SERVIUS. Servius Sulpicius Rufus, consul in 51 B.C., was one of the most prominent and versatile jurists of the later Republic. He taught many students; Cicero praised his eloquence as an advocate. Servius wrote, among other things, the first com­mentary on the praetor's Edict. After his death a comprehensive collection of his re­sponses was published by his students Aufidius and Alfenus.

SEX. PEDIUS. Sextus Pedius is known only through citations by Paul and Ulpian. He wrote a wide-ranging commentary on the praetor's Edict and was probably a con­temporary of Julian.

TERENTIUS CLEMENS. He is thought to have been a student of Julian; under An­toninus Pius (reign: A.D. 138-161) he wrote an extensive twenty-book commentary on the lex Iulia et Papia, the Augustan marriage legislation.

TREBATIUS. Gaius Trebatius Testa, a friend and protege of Cicero, also served as a legal advisor to Julius Caesar and Augustus. His opinions are known mainly through his student Labeo.

TRYPHONINUS. Claudius Tryphoninus was a member, along with Papinian, of the Council of Septimius Severus (reign: 193-211). He wrote a lengthy (twenty-one books) casuistic work, Disputationes, and is credited with a collection of Annotations (Notae) to the work of Cervidius Scaevola.

color=black face="Book Antiqua">TUBERO. Quintus Aelius Tubero. There were two jurists by this name. The elder is said to have been praetor in 129 B.C. and wrote on constitutional law and the duties of a judge. The younger was a student of A. Ofilius. Of an old senatorial family (his father was an associate of Cicero), his son was evidently the first to reach the con­sulate, in 11 B.C.

*ULPIAN. The late classical jurist Domitius Ulpianus was a student of Papinian; like Paul, Ulpian served as clerk (adsessor) when Papinian was praetorian prefect. Ulpian later became a member of the Imperial Council; under Alexander Severus (reign: A.D. 222-235) he finally reached the office of praetorian prefect. In 223 he was murdered during a riot of the Praetorian Guard.

Ulpian's eighty-three-book commentary on the praetor's Edict had virtually the same breadth as Paul's; it contained extensive discussion of the views of earlier ju­rists. Ulpian's commentary on the ius civile (fifty-one books on Sabinus) breaks off at the discussion of vindication; we do not know whether it was left incomplete at his death or a part has been lost. He also wrote numerous monographs and collec­tions of legal opinions.

The compilers of the Digest drew more extensively on Ulpian's writings than on those of any other classical jurist; more than 40 percent of the Digest comes from his work. Although Ulpian is often considered less brilliant than his slightly older con­temporary Paul, the compilers were evidently attracted by the comprehensive char­acter of Ulpian's writing, as well as by his open-minded willingness to entertain di­vergent views of earlier jurists.

URSEIUS FEROX. Apparently, he wrote in the second half of the first century A.D.; Ju­lian commented on his writings.

VALERIUS SEVERUS. He is first cited by Julian and may have written during the early second century A.D.

*VENULEIUS. Venuleius Saturninus wrote extensive monographs on private and pub­lic law during the reigns of Antoninus Pius (A.D. 138-161) and Marcus Aurelius (A.D. 161-180).

VITELLIUS. He most likely worked in the reign of Augustus (31 B.C. to A.D. 14); he was commented upon by Sabinus and Paul.

VIVIANUS. He seems to have written a commentary on the Edict during the first cen­tury A.D.; later jurists cite him occasionally