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Updated: May 29, 2025


The number of excerpts in the Digest from him is said to be two thousand four hundred and sixty-two, and they form a third part of it. Some fragments of his writings remain. The last of the great civilians associated with Gaius, Papinian, Paulus, and Ulpian, as oracles of jurisprudence, was Modestinus, who was a pupil of Ulpian. He wrote both in Greek and Latin.

Gaius, ii, 227. Digest, 35, 2. E.g. Pliny, Letters, v, 1. Codex, iii, 28, 19; id., iii, 28, 28. Cf. Codex, iii, 29, I, and 29, 7; and Paulus in Dig., v, 2, 19. The estate of a mother who died intestate went to her children, not to her husband; the latter could only enjoy the interest until they arrived at maturity Codex, vi, 60, 1; Modestinus in Dig., 38, 17, 4. E.g., Juvenal, iv, 18-21.

Juvenal, vi, 200-203. Gaius in Dig., 24, 2, 2. Ulpian, ibid., 23, I, 10. Codex, v, 17, 2, and v, I, I. Codex, v, 3, 2. Dig., 3, 2, 1. Ulpian in Dig., 47, 10, 24. Cf. Alexander Severus in Codex, viii, 38, 2: Libera matrimonia esse antiquitus placuit, etc. Also Codex, v, 4, 8 and 14. Modestinus in Dig., xxiii, 2, 1. Gaius, ii, 159. Paulus, ii, xx, 1.

Why may not the same thing be allowed in the church? and why may not the interpretations of Cyprian, or Athanasius, or Augustine, or Chrysostom, be as decisive, with respect to the true sense of the Scripture, as those of Gaius, Paulus, Modestinus, Ulpian, and Papinian, were acknowledged to be with respect to the sense of the Roman law?

An indulgent edict of the younger Theodosius excused him from the labor of comparing and weighing their arguments. Five civilians, Caius, Papinian, Paul, Ulpian, and Modestinus, were established as the oracles of jurisprudence: a majority was decisive: but if their opinions were equally divided, a casting vote was ascribed to the superior wisdom of Papinian. Part IV.

The great lawyers who flourished from Trajan to Alexander Severus, like Gaius, Ulpian, Paulus, Papinian, and Modestinus, had no successors who can be compared with them, and their works became standard authorities in the courts of law.

The last of the great civilians associated with Gaius, Papinian, Paulus, and Ulpian, as oracles of jurisprudence, was Modestinus, who was a pupil of Ulpian. He wrote both in Greek and Latin. These great lawyers shed great glory on the Roman civilization.

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