Masurius Sabinus
Encyclopedia
Masurius Sabinus, also Massurius, was a Roman
jurist
who lived in the time of Tiberius
(reigned 14–37 AD). Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage. Masurius was the first person to give "state-certified opinions
" (publice respondere), 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. 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
.
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 Caelius Sabinus (consul
69 AD), C. Cassius Longinus (hence adherents of the school are also referred to as the Cassiani), Javolenus Priscus, and Salvius Julianus
. C. Ateius Capito
was the founder of the school. They were rivals to the Proculiani, named after Proculus, but despite many references in Gaius
to their controversies, it is hard to disentangle consistent views for each. Gaius seems to have counted himself among the Sabinians. It may be that the Sabinian school were strict constructivists
, while the Proculians exercised greater latitude in their arguments.
Masurius's principal work was a treatise on civil law
(ius civile
) in three volumes, which had extensive influence. Later jurists such as Ulpian
wrote commentaries on his work, but preserved no excerpts.
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
who lived in the time of Tiberius
Tiberius
Tiberius , was Roman Emperor from 14 AD to 37 AD. Tiberius was by birth a Claudian, son of Tiberius Claudius Nero and Livia Drusilla. His mother divorced Nero and married Augustus in 39 BC, making him a step-son of Octavian...
(reigned 14–37 AD). Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage. Masurius was the first person to give "state-certified opinions
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
" (publice respondere), a privilege granted by the emperor
Roman Emperor
The Roman emperor was the ruler of the Roman State during the imperial period . The Romans had no single term for the office although at any given time, a given title was associated with the emperor...
which marked increasing imperial control over the judicial process after the end of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
. Before the Principate
Principate
The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...
of Augustus
Augustus
Augustus ;23 September 63 BC – 19 August AD 14) is considered the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.The dates of his rule are contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian...
, the value of legal opinions was based on the expertise of those who gave them. The passage in the Digest of Justinian
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
that discusses the granting of Masurius's authority is thus a pivotal point in the history of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
.
Masurius was a leader of the Sabiniani
Sabinian school
The Sabinian school was one of the two important schools of Law in Rome during the 1st and 2nd centuries CE.The Sabinians took their name from Masurius Sabinus but later were known as Cassians after Sabinus' student, Cassius Longinus....
, a school or sect of legal thought in the 1st and 2nd centuries AD. He was succeeded by a line of jurists including Caelius Sabinus (consul
Roman consul
A consul served in the highest elected political office of the Roman Republic.Each year, two consuls were elected together, to serve for a one-year term. Each consul was given veto power over his colleague and the officials would alternate each month...
69 AD), C. Cassius Longinus (hence adherents of the school are also referred to as the Cassiani), Javolenus Priscus, and Salvius Julianus
Salvius Julianus
Lucius Octavius Cornelius Publius Salvius Julianus Aemilianus , generally referred to as Salvius Julianus, or Julian the Jurist, or simply Julianus [Iulianus], was a well known and respected jurist, public official, and politician who served in the Roman imperial state...
. C. Ateius Capito
Gaius Ateius Capito (jurist)
Gaius Ateius Capito was a Roman jurist in the time of emperors Augustus and Tiberius and consul suffectus in the year 5.-Life:...
was the founder of the school. They were rivals to the Proculiani, named after Proculus, but despite many references in Gaius
Gaius (jurist)
Gaius was a celebrated Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name...
to their controversies, it is hard to disentangle consistent views for each. Gaius seems to have counted himself among the Sabinians. It may be that the Sabinian school were strict constructivists
Strict constructionism
In the United States, Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. The phrase is also commonly used more loosely as a generic term for conservatism among the judiciary.- Strict sense of the term :Strict...
, while the Proculians exercised greater latitude in their arguments.
Masurius's principal work was a treatise on civil law
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
(ius civile
Ius civile
Ius civile is Latin for "citizen law" . It was the body of common laws that applied to Roman citizens and the Praetores Urbani, the individuals who had jurisdiction over cases involving citizens....
) in three volumes, which had extensive influence. Later jurists such as Ulpian
Ulpian
Gnaeus Domitius Annius Ulpianus , anglicized as Ulpian, was a Roman jurist of Tyrian ancestry.-Biography:The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222...
wrote commentaries on his work, but preserved no excerpts.