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• belonging to the christians, which may be naturally enough ' supposed; this is the oldest testimony we have of any edi• fice publicly consecrated to the worship of our holy re·ligion, known to be such by the pagans.'

So Crevier. But I think it may be questioned whether these observations are exactly suited to this passage of Lampridius.

7. Once more. The same writer says of the same emperor: If" any went out of the road into the grounds of any ' private person, according to the nature of the ground, he

was to be beaten with sticks in bis presence, or whipped ' with rods, or fined. And if the quality of the offender * exempted him from such punishments, he would severely

reprove him, saying: “ Are you willing to have that done ' in your own field, which you do in another's ?” And he ' would often use a saying, which he had heard from some Jews or christians, and which he well remeinbered; and * when any one was corrected, be ordered the cryer to pro• claim : « What

" What you would not have done to yourself, that . do not you do to another." Which saying he so highly

esteemed, that he ordered it to be engraved upon his palace, ' and upon public buildings.'

These and other things, mentioned by Lampridius, are very honourable to this emperor.

III. His mother Mamınæa also is greatly commended by some christian writers. Eusebiuso calls her a pious and religious woman. And Orosius says, she was a christian. The main foundation of this supposition is, that as Eusebius informs us, she sent for Origen to come to her at Antioch; which might be no more than curiosity to see and discourse with a man, who was then in great reputation for learning. Crevier! therefore justly observes : She is said to have • been a christian; but that fact is not sufficiently proved.' And Basnager has offered divers arguments, sufficient to overthrow that supposition.

^ Si quis de viâ in alicujus possessionem deflexisset, pro qualitate loci, aut fustibus subjiciebatur in conspectu ejus, aut virgis, aut condemnationi, aut, si hæc omnia transiret dignitas hominis, aut gravissimis contumeliis, quum diceret: Visne hoc in agro tuo fieri, quod alteri facis ? Clamabatque sæpius quod a quibusdam, sive Judæis sive christianis, audierat, et tenebat. Idque per præconem, quum aliquem enendaret, dici jubebat: Quod tibi fieri non vis, alteri ne feceris.' Quam sententiam usque adeo dilexit, ut in palatio, et in publicis operibus, præscribi juberet. Id. ib. cap. 51. p. 1006. o H. E. l. vi. cap. 21.

p Cujus mater Mamınæa, christiana, Origenem presbyterum audire curavit. Oros. I. vii. cap. 18.

9 Hist. of the Rom. Emperors, vol. viii. p. 277. r Ann, 222. num. iv.



I. His time. II. A passage of Lactantius concerning his

work of the Duty of a Proconsul, in which he says, that Ulpian had collected all the edicts of former emperor's against the christians. III. Observations of learned men concerning Ulpian, and his work. IV. Qu. Whether there remain, in the Pandects, any laws against the christians.

I. DOMITIUS ULPIANUS, or ULPIAN, was a native of Tyre in Phænicia. After he had distinguished bimself as a great lawyer in former reigns, he was made præfect of the prætorium by Severus Alexander, but was murdered by the prætorian soldiers, as is computed, in the year 228. I place him at the year 222, when the emperor Alexander began his reign.

II. Lactantius, among other cruelties practised by worshippers of idols, or heathen deities, reckons laws of princes, and decrees of lawyers, against good men, worshippers of the true God.. Domitius, writing of the office

of a proconsul, in the seventh book of that work, put toge*ther the wicked edicts, that he might show what punish• ments ought to be inflicted upon those who professed them• selves to be worshippers of God.' 111. Herman Witsius supposeth, that` Ulpian was very

• a Vid. Dion. Cass. lib. 80. Eutrop. I. viii. cap. 23. Zos. I. i. p. 638. Spartian. de Pescennio Nigro. cap. 7. Lamprid. in Alexandro Severo. cap. 26. 31. 51. Victor. de Cæsarib. cap. 24. Tillem. L'Emp. Alexandre. art. xvii. Crevier, in his Lives of the Roman Emperors, vol. viii. p. 112, &c. Fabric. Bib. Lat. Tom. i. p. 820.

b Hoc est Deorum disciplina. Ad hæc opera cultores suos erudiunt. Hæc sacra desiderant. Quinetiam sceleratissimi homicidæ contra pios jura impia condiderunt. Nam et constitutiones sacrilegæ, et disputationes Jurisperitorum leguntur injustæ. Domitius de Officio Proconsulis, libro septimo, rescripta nefaria collegit, ut doceret, quibus pænis affici oporteret eos qui se cultores Dei profiterentur. Lactant. Inst. l. v. cap. 11. fin.

Cujus collectionis hanc credibile est fuisse occasionem. Ulpianus Alex andrum Severum regebat, et ejus nomine Proconsulibus in provincias ituris mandata dabat. Sed quum videret abs christianis non alienum, ab corum sanguine certe abhorrentem, vix impelli posse, uti iis exterminandis aliquid ediceret; videtur vetera impiorum tyrannorum rescripta Proconsulibus obia


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averse to the christians; but the emperor was favourable • to them. He saw that Alexander would never enact any • laws against then, which should bring them into any

danger of their lives; Ulpian therefore put together thie • laws which bad been made against the christians in former

times, that the proconsuls might see how they might treat • them.'

Tillemontd thinks that work was published before the reign of Alexander. Basnage likewise is of opinion, that e this work was composed some good while before in the time of Septimius Severus. Nor can he believe that Ulpian would publish such a thing in the time of Alexander, when it would be far from being acceptable.

Crevier expresseth himself after this manner : Ulpian • has been praised by all the pagans without exception, and * without reserve. The christians have reproached' him with carrying his aversion so far, as, contrary to the inclination of his sovereign, who did not dislike them, to collect all • the edicts which former emperors bad published against • them. Let us pity a blindness, in wbich he was confirmed even by bis regard for the laws, which he had so much studied.'

So Crevier. But a part of those remarks depends upon a supposition that these books of the Duty of a Proconsul were published in the time of Alexander; which, as we have just seen, is far from being certain.

As for Ulpian's having been praised by all the pagans, (which Crevier repeats after Tillemont,) it is acknowledged that he has been commended by several heathen authors, and the confidence placed in him by Alexander is much to his honour. Nevertheless bys Dion Cassius, or by Xiphilinus from him, he is said to have killed Flavian and Chrestus, that he might succeed them. And Zosimus, giving an account of Ulpian's death, says, “ Theh soldiers


jecisse, ut ex iis suum in hoc genere officium æstimarent. Wits. se Legion. Fulmin. num. lxv. d Ubi supra, note a.

e Quæ collectanea edidisse existimamus, imperante Severo, cum Papiniano in consiliis fuit. Regnante quidem Alexandro, nil perniciei christianis machinatus est Ulpianus, quos Mammææ et filio ejus acceptos esse noverat. Ad dominorum ergo suorum studia sese composuit aulicus homo. Nec Alexandri Mammææque gratiam retinuisset, si ecclesiam, cui favebant, ad sanguinem usque persecutus fuisset. Basnag. ann. 228. num. iii.

f As before, p. 46. 8 Τον δε δη Φλαβιανον, τον τε Χρησoν αποκτεινας, ένα αυτες διαδεξηται, και αυτος και πολλω ύσερον υπο των δορυφορων, επιθεμενων οι νυκτος, κατεσφαγη. Dio. Cass. I. 80. p. 1369.

Εν υποψια δε τοις σρατοπεδοις γενομενος, (τας δε αιτιας ακριβως εκ εχω


were much offended with him; the reason he could not say exactly, because the accounts were different.'

IV. There are in the Pandects several fragments of his, which by some learned men are understood to relate to the christians. I shall here allege one or two.

1. In a treatise of bis concerning Courts of Justice were these words. They may be reckoned physicians, who undertake the cure of the body, or of any particular distemper, in the ears, the throat, the teeth ; but, if they use incantations, or invocations, or, to use the common word of impostors, exorcisms; these are no sort of medicine, although there are people who boast of having received benefit

by them.' Whether Ulpian here refers to Jews or christians, or heathens, I cannot certainly say. Binghamk says: . Some • think the order (of exorcists) was as old as Tertullian, • because Ulpian the great lawyer who lived in Tertullian's * time, in one of his books speaks of exorcising as a thing ' used by impostors, by whom, probably, he means the 6 christians, Gothofred thinks, he means the Jewish exor* cists, who were commonly impostors indeed.'

2. From the third book of his work, Concerning the Duty of a Proconsul, are cited these words: The deified Severus and Antoninus have permitted those who follow the Jewish superstition to enjoy magistracies. But they imposed upon them some conditions, which did not prejudice their superstition.'

When Ulpian wrote that book of his work, as Schulting says, Antoninus Caracalla was living. Therefore the blessed, or deified, is to be understood of Septimius Severus only, and not to be applied to both the emperors here mentioned.

Whether by the Jewish superstition,' be here meant the διεξελθειν, διαφορα γαρ ισορηκασι περι της αυτ8 προαιρεσεως) αναιρειται. Ζος. 1. i. p. 638.

i Medicos fortassis quis accipiet etiam eos, qui alicujus partis corporis, vel certi doloris sanitatem pollicentur ; ut, puta, si auricularum, si fistulæ, vel dentium; non tamen, si incantavit, si imprecatus est, si (ut vulgari verbo impostorum utar) exorcizant. Non sunt ista medicinæ genera, tametsi sint, qui hos sibi profuisse cum prædicatione adfirment. D. lib. 1. Tit. 13. 1. i. sect. 3. De extraordinariis Cognitionibus, &c.

Bingham's Antiquities, &c. B. 3. ch. iv. sect. 3.

Eis qui judaïcam superstitionem sequantur, D. Severus et Antoninus honores adipisci permiserunt; sed et necessitates eis imposuerunt, quæ superstitionem eorum non læderent. De Decurionibus, &c. D. L. 1. Tit. 2. 1. iii. sect. 3.

Adeoque legendum Divus Severus, et Antoninus, non Divi, ut habet Florentinus. Schulting. Jurispr. Vet. p. 552.




Jewish religion only, or wlietber the christians also were intended, has been doubted.

3. However, it may not be improper for me, before I conclude this chapter concerning Ulpian, to observe, that some learned lawyers are of opinion, that" in our Corpus Juris, or Collection of ancient Roman laws, there is not preserved one edict against the christians, nor any thing that is against them.

And says Witsiuso in the place to which we referred just now: The books of Ulpian coucerning the Duty of a

Proconsul are not now extant. But there are in the Pan• dects many fragments of them: in which, however, there • is not one word about the christians. From the third book

of that work is cited a law of Severus and Antoninus, al· lowing the Jews to possess magistracies; but it is not at * all probable, that christians are here included. The design • of Ulpian was to collect the laws against the christians; ' the same malignity of temper would induce him to suppress every thing that was favourable to them.'

That being our case, we must submit to it. Through a mistaken friendship, and misguided zeal, all edicts against the christians have been suppressed, and none of them admitted into the Pandects.

Since, therefore, the collections of Ulpian, so far as they related to the christians, are entirely lost, we can only make some general reflections upon them; which every reader is able to do. I have cited the passage of Lactantius, and have also alleged the observations of divers learned moderns relating to this subject, and need not add any thing more. I shall only say, that if ever the seventh book' of that work of Ulpian should be found, it would be a great


Istud addo, in Corpore Juris nostro nullum contra christianos edictum, imo nihil, quod illis adversum existimari certo possit, inveniri

. In quâ s€ 7tentià etsi Balduinus non fuit, sed Ulpianum cumprimis accusat, quod christianos, 1. i. sect. 3. ff. de extraordin. cognit

. exorcistas appellavit; sunt tamen viri docti, qui plane alterius commatis homines eo homine comprehendi existimant. N. H. Gundling. Præf. ad Balduin. Comm. de Constant. Imp. Leg. Ecc. et Civilibus, p. 16, 17.

• Non exstant quidem hi de Officio Proconsulis libri Domitii. Multa tamen in Pandectis supersunt eorum fragmenta : sed in his nullum verbum de christianis. Unus locus exstat ex libro tertio, ubi laudatur hoc, de quo disputamus, Severi et Antonini rescriptum, quo Judæis permittitur honores adipisci

. Hæc cum retulisset Balduinus, ita infit: 'An Ulpianus, quo magis christianos

ureret, hoc commemoravit? Ut Julianus Imperator odio christianorum favisse • Judæis dicitur.' Quum ergo totus in eo fuerit Ulpianus, ut ea quæ adversa christianis erant, ad eos vexandos colligeret, faventia vero maligne supprimeret, non est probabile, hoc, quod de Judæis prodere voluit, ad christianos pertinere. Wits. ut supra, num. Ixii.

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