324.  Suetonius speaks first of the joy shown at his death, then of the grief. It is, however, easy to see that the latter manifestation was probably the more genuine and lasting.

325.  Josephus, Ant. XX. viii. 11; Vita, 3.

326.  We learn from the same passage that a great many accounts of Nero existed, and many of them were favorable. The implication further is that these accounts were written after his death. We have only the picture drawn by Tacitus and Suetonius. If we had one written from the other side, like Velleius Paterculus’ panegyric of Tiberius (Vell. Pat. ii. 129 seq.), we should be better able to judge him.

327.  Gittin 56a.

328.  Reinach, Textes, pp. 176-178.

329.  Neither the arch nor the inscription exists any longer. A copy of the inscription was made, before the ninth century, by a monk of the monastery of Einsiedeln, to whose observation and antiquarian interest we owe more than one valuable record.

330.  The phrase Iudaica superstitione imbuti, already quoted, shows what the term would be likely to suggest to Roman minds. In Diocletian’s time, when the Persians were the arch-enemies of Rome, and Persian doctrine in the form of Manicheism was widely spread over the empire, the emperors did not hesitate to call themselves Persicus. But Persicus never meant an adherent of a religious sect.

331.  Idumaea is used for Iudaea in Statius Silvae, iii. 138; v. 2, 138; Valerius Flaccus, Argon. 12.

332.  Philo, Leg. ad Gaium, 24.

333.  We may compare such expressions as magica arte infecti, Tac. Ann. ii. 2; Cic. Fin. III. ii. 9.

334.  Long before the attempts made in the nineteenth century to rehabilitate all the generally acknowledged historical monsters, historians had looked askance at the portrait of Tiberius drawn by Tacitus. For a recent discussion, cf. Jerome, The Tacitean Tiberius, Class. Phil. vii. pp. 265 seq.

335.  Suet. Tib. 36. The mathematici are strictly the astrologers whose science was called μάθησις. Cf. the title of Firmicus Maternus, Matheseos libri. The governmental attempt to suppress the mathematici was a total failure, but the law’s attitude toward them may be seen from the rescript of Diocletian (294 C.E.): ars mathematica damnabilis interdicta est (Cod. Just. IX. xviii. 2).

336.  Nero assigned Sardinia to the senate as ample satisfaction for Achaea, which he took under his own jurisdiction.

337.  Acts xi. 26; xxvi. 28. Ιησοῦ χρήστου in the inscription quoted in n. 10. In this case the identification of names may be due to iotacism.

338.  Cf. the well-known rhetorician Philostr. Vita. Soph. ii. 11, and in Rome itself Inscr. gr. Sic. et Ital. 1272; and ibid. 2417, 2.

339.  The question of the authenticity and date of the Acts does not belong to this study. A thorough discussion will be found in Wendland, Die urchristlichen Literaturformen,³ p. 314 seq.

340.  Acts xi. 19; xiii. 5, 50.

341.  συναγωγή = ἐκκλησία. Le Bas, 2528 (318 C.E.), a Marcionite association.

342.  There was a jurist Tertullian of whom some fragments have been preserved in the Digest (29, 2, 30; 49, 17, 4). He has on plausible grounds been assumed to be the same as the Church Father. There can be no question that the latter had legal training. As for the cruelties described by Tacitus, it may be said that Eusebius has no word of them, even in his denunciation of Nero. (Hist. Eccl. II. xxv.)

343.  All the Church Fathers mention these outrageous charges. Pliny (Ep. x. 96) refers vaguely to wickednesses charged against them, but the flagitia cohaerentia nomini are more likely to be the treasonable machinations which the Christian associations were assumed to be engaged in than these foul and stupid accusations. It will be remembered that Tertullian (loc. cit.) is more eager to free the Christians from the charge of treason than of any other. Treason in this case, however, meant not sedition or rebellion, but anarchy, i.e. attempts at the destruction of the state. The attitude of medieval law toward heresy gives a good analogy.

344.  It would scarcely be necessary to refute this slander, if it had not recently renewed currency; Harnack, Mission and Ausbreitung. Tertullian knows nothing of it, nor Eusebius, although the latter refers in the case of Polycarp to Jewish persecution of Christians (Hist. Eccl. IV. xv. 29). Tertullian, on the contrary, implies that an enemy of the Jews would be likely to be a persecutor of Christians (Apol. 5).

345.  Like most men of his time he bore two names, his native name of Saul and the name by which he was known among Christians, Paul. This is indicated by the phrase Σαῦλος ὁ καὶ Παῦλος (Acts xiii. 9), which is the usual form in which such a double name was expressed.

346.  The mother church at Jerusalem consisted exclusively of Jews until the time of Hadrian (Euseb. Hist. Eccl. IV. v. 2).

347.  Quint. Inst. X. i. 93.

348.  Maecenas, too, was of the highest Etruscan nobility. Horace, Sat. I. vi. 1 seq. The antiquity of Etruscan families was proverbial among the Romans.

349.  Mommsen seeks to make his crabbed style a racial characteristic. The statement is quite gratuitous. His peculiarity of expression is amply explained by his youth, his lack of literary practice, and his absorption in his philosophical pursuits.

350.  Pers. v. 176. Reinach, Textes, p. 264.

351.  Strabo apud Jos. Ant. XIV. vii. 2: καὶ τόπον οὐκ ἔστι ῥᾳδίως εὑρεῖν τῆς οίκουμένης ὅς οὐ παραδέδεκται τοῦτο τὸ φῦλον μηδ’ ἐπικρατεῖται ὑπ’ αὐτοῦ. Seneca apud Aug. De Civ. Dei, vi. 10: Cum interim usque eo sceleratissimae gentis consuetudo valet ut per omnes iam terras recepta sit; victi victoribus leges dederunt.

352.  Besides the capital passage (Sat. xiv. 96) Juvenal speaks of Jews in Sat. iii. 10 seq., 296; vi. 156, 542.

353.  Cf. Garrucci, Cimitero ... in Signa Randanini; Rossi, Roma Sotteranea, especially the Indices. As late as 296 C.E. the epitaph of the Bishop of the Roman church is given in Greek.

354.  Perhaps the “egg laid on the Sabbath” would have excited less comment, if the fact were kept in mind that a decision in a specific case can hardly fail to be particular.

355.  C. I. L. ix. 1. 26.

356.  Laius outraged Chrysippus, son of Pelops, who had been left in his care. The Euripidean lost play on Oedipus seems to have adopted that version. Pisander, Schol. Eur. Phoen. 1760: πρῶτος δὲ Λάιος τὸν ἀθέμιτον ἔρωτα τοῦτον ἔσχεν.

357.  Cf. Philo, De Spec. Leg. 7.

358.  Tosefta Ab. Zar. ii. 6.

359.  Ziebarth, Kulturbilder aus griechischen Städten, p. 73.

360.  In very much earlier times Jews left dedications in the temple of Pan Euhodus. Ditt. Inscr. Or. 74: Θεύδοτος Δωρίωνος Ἰουδαῖος σωθεὶς ἐκ πελάγου. Cf. 73, Πτολεμαῖος Διονυσίου Ἰουδαῖος.

361.  This became a standing formula and in inscriptions is regularly abbreviated N. K. C. (Valerius Probus, 4), i.e. non kalumniae causa. The use of k for c testifies to the antiquity of the formula.

362.  Suet. Domit. 12.

363.  Dio Cassius (Xiph.), lxvii. 14.

364.  Passed in 81 B.C.E. This law punished offenses as diverse as murder, arson, poisoning, perjury, abortion, and abuse of magisterial power. In every case it was the effect of the act that was considered.

365.  Reinach, Textes, p. 197, n. 1.

366.  The polemos shel kitos of Mishnah Sota ix. 14 and the Seder Olam.

Quietus was a Moorish chieftain of great military ability. He seems to have hoped for the succession to the throne. After the end of the revolt he was transferred to his native province, Mauretania, by Hadrian, and was ultimately executed for treason.

367.  Meg. Taan., Adar 12; Grätz, Gesch. der Juden,³ iv. 445 seq.

368.  In the case of non-Jews, the Messianic hope was simply the dread of an impending cataclysm. As far as this dread was connected with the failure of the Julian line, it proved groundless. But the Jewish Apocrypha and Pseudepigrapha of this time are full of prophecies of the end of the world. It was the general belief that the world was very old, and that a fixed cycle, then rapidly coming to its end, determined the limits it would reach.

369.  Jerus. Taan. iv. 7, p. 68 d. Ekah Rab. ii. 1.

370.  Dio Cassius (Xiph.), lxix. 12; Reinach, Textes, p. 198.

371.  Dig. 50, 15, 1, 6.

372.  Euseb. Hist. Eccl. IV. vi. 4.

373.  Gen. Rab. lxiii. (xxv. 23) makes Hadrian the typical heathen king, as Solomon is the typical Jewish king. His name is followed, as is that of Trajan, by a drastic curse. But there are traditions of a kindlier feeling toward him. Sibyl. v. 248. In the Meg. Taan. the 29th of Adar.

374.  Eusebius, Hist. Eccl. IV. vi., quoting Aristo of Pella. Jerome in Ezek. i. 15. It is here that the famous passage of Jerome occurs, which describes the Jews as “buying their tears.” Cf. also Itiner. Burdigal. (Hierosolymitanum), I. v. 22.

375.  Vopiscus, Vita Saturn. viii.; Reinach, Textes, p. 326. The authenticity of this letter has been questioned, but the transmission, although indirect, is better documented than in most such cases. Hadrian is known to have written an autobiography, and Phlegon, his freedman, who also wrote his life, no doubt used it. Spartianus, Hadr. i. 1; xiv. 8.

376.  The writers Spartianus, Capitolinus, etc., dedicate their work to Diocletian or Constantine. It was suggested by Dessau, Hermes, 24, 337, that these writers never existed, and were invented by a forger of a century later. Mommsen, Hermes, 25, 298, assumed their existence, but regarded the extant works as revised at the time mentioned by Dessau. Other investigators, except H. Peter, accept Mommsen’s conclusions. Whether they are authentic or not, these biographies are alike wretched in style and thought.

377.  Paul, Sent. V. xxiii. 14; Dig. 48, 8, 3, 2; 8, 8. The date is not certain; Dig. 48, 8, 3, 4.

378.  B. G. U. 347, 82.

379.  Dig. 48, 8, 11. pr.

380.  Paul, Sent. V. xxii. 3.

381.  Lampridius, Vita Alex. 22.

382.  Jews made converts even after the prohibition of Theodosius (Jerome, Migne Patrol, 25, p. 199; 26, p. 311). One further ground for doubting the statement of Paul as it appears in the extant texts is the following: In the Digest (48, 8, 4, 2) it is only the physician and the slave that are capitally punished for castration. The owner of the slave (ibid. 48, 8, 6) is punished by the loss of half his property. Further, the penalty for circumcision is stated to be the same as that for castration. That was the case not only in Modestinus’ time, who lived after Paul, but as late as Justinian, since it is received into the Digest. Yet Paul, according to the extant text, makes the circumcision of alien slaves a capital crime (V. xxii. 4). The discrepancy can scarcely be reconciled.

383.  Capitol. Antoninus Pius, 5.

384.  193 C.E. It was on this occasion that the Pretorians offered the imperial purple to the highest bidder.

385.  Josephus, Ant. XIV. x.

386.  The legend of Polycarp assumes a large and powerful Jewish community. In late Byzantine times, the Jews of Asia Minor were still a powerful factor. The emperor Michael II, a Phrygian, was suspected of Jewish leanings; Theophanes (Contin.), ii. 3 ff.

387.  The theory advanced by Wilcken-Mitteis (Grundzüge und Chrestomathie der Pap. vol. I.) that all who paid a poll-tax were dediticii, and therefore excluded from the Const. Ant. is wholly gratuitous. There is no evidence whatever connecting the dediticii with the poll-tax.

388.  There are few reliable statements in the extant texts for estimating the population. Beloch’s work on the subject puts all the data together, but nothing except uncertain conjectures can be offered.

389.  Lanciani, Ancient Rome, pp. 50-51; Pelham, Essays on Roman History, pp. 268 seq.

390.  Lampridius, Alex. 33: corpora omnium constituit vinariorum ... et omnino omnium artium.

391.  These are the collegia, idcirco instituta ut necessariam operam publicis utilitatibus exhiberent (Dig. 50, 6, 6, 1). They are the transportation companies and others engaged in caring for and distributing the annona, the fire companies and the burial associations of the poor. Cf. C. I. L. vi. 85, 29691; x. 1642, xiv. 2112.

392.  The institutio alimentaria commemorated on the marble slabs (anaglypha) in the Forum and by the bronze tablets of Veleia and the Baebiani (C. I. L. ix. 1147; xi. 1455). It had begun with Nerva: puellas puerosque natos parentibus egestosis sumptu publico per Italiae oppida ali iussit (Aur. Vict., Nerva, xii.).

393.  An entire article of the Digest (26, 1) is devoted to the tutela. Another one (27, 1) deals with excusationes, which are mainly exemptions from the burden of the tutela.

394.  The distinction is thoroughgoing in the penal clauses cited in the Digest. It was already established in Trajan’s time (Plin. Ep. X. lxxix. 3). It is implied in Suetonius, Gaius, 27: multos honesti ordinis. It is doubtful, however, whether the distinction was already recognized in the time of Caligula.

395.  Gaius wrote about 150 C.E., probably in the eastern provinces.

396.  Abot ii. 5. The saying of Hillel has no direct reference to apostasy, and concerns rather arrogance or eccentricity of conduct. But it literally describes the act by which such a man as Tiberius Julius Alexander ceased to be classed as a Jew.

397.  Cf. Plutarch, Numa, 17; Dionys. Hal. iv. 43.

398.  Dig. 50, 2, 3, 3.

399.  Cod. Theod. viii. 14.

400.  Exodus xxi. 2; Josephus, Ant. IV. viii. 28.

401.  Bab. Bat. 3b; Gittin 46b. The duty was regarded as of the highest urgency.

402.  Vogelstein and Rieger, Gesch. der Juden, p. 61 seq. Friedländer, Darstellungen der Sitt.⁷ i. p. 514.

403.  Ox. Pap. ii. no. 276.

404.  Aurelian reigned from 270-275 C.E. The sol invictus whom he adored was probably the Baal of Palmyra. Cumont, Les rel. orient, pp. 170, 367, n. 59.

405.  Cod. Theod. xvi. 4.

406.  In 311 C.E. Galerius, and in 318 C.E. Constantine and Licinius, legalized the practice of Christianity. In 380 C.E., by the edict of Thessalonica, most of the heathen practices became penal offenses.

407.  Every state as such had its characteristic and legally established state ritual. Many centuries later Gladstone, then “the rising hope of the stern and unbending Tories,” stated, as a self-evident proposition, that a government in its collective capacity must profess a religion (The Church in its Relation to the State, 1839).

408.  Cyprian. De catholicae ecclesiae unitate, ch. x.

409.  Matth. v. 13. Cf. generally the Pauline Epistles, e.g. II. Corinth. xiii. 13.