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Updated: May 17, 2025
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.
Ah! at that moment, as she stood there robed in a soft stainless white muslin, with a cluster of double pomegranate flowers glowing in her silky hair, the girl was very lovely, very attractive, so full of youthful grace, so winning in her beautiful enthusiasm, yet Ulpian Grey's heart did not wander for an instant from one who slept dreamlessly under the sculptured urn on the marble altar of the mausoleum.
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.
More than a third of the whole Pandects is from Ulpian, and next to him, the principal writers are Paulus, Papinian, Salvius Julianus, Pomponius, Q. Cervidius Scaevola, and Gaius. Though the variety of subjects is immense, the Digest has no claims to scientific arrangement. But neither the Digest nor the Code was adapted to elementary instruction.
The loss of executive power was alleviated by the gift of legislative authority; and Ulpian might assert, after the practice of two hundred years, that the decrees of the senate obtained the force and validity of laws.
E.g., Pliny Letters, i, 5, and iv, 17. E.g., Huschke, pp. 796, 797, 803, 807, 809, 810, 856, 857, 858. Or instances such as that mentioned in Digest, 48, 2, 18, where a sister brings an action to prove her brother's will a forgery. Pliny, Letters, vi, 33. Paulus in Dig., 22, 6, 9. Fully treated in Dig., 16, 1, and Paulus, ii, xi. Ulpian in Dig., 16, 1, 2. Aulus Gellius, xvii, 6. St.
Cato the censor derived some additional fame from his legal studies, and those of his son: the kindred appellation of Mucius Scævola was illustrated by three sages of the law; but the perfection of the science was ascribed to Servius Sulpicius, their disciple, and the friend of Tully; and the long succession, which shone with equal lustre under the republic and under the Cæsars, is finally closed by the respectable characters of Papinian, of Paul, and of Ulpian.
The action followed the guilty thing into whosesoever hands it came. /2/ And in curious contrast with the principle as inverted to meet still more modern views of public policy, if the animal was of a wild nature, that is, in the very case of the most ferocious animals, the owner ceased to be liable the moment it escaped, because at that moment he ceased to be owner. /3/ There seems to have been no other or more extensive liability by the old law, even where a slave was guilty with his master's knowledge, unless perhaps he was a mere tool in his master's hands. /1/ Gains and Ulpian showed an inclination to cut the noxoe deditio down to a privilege of the owner in case of misdeeds committed without his knowledge; but Ulpian is obliged to admit, that by the ancient law, according to Celsus, the action was noxal where a slave was guilty even with the privity of his master. /2/
Perhaps, if the preceptors and friends of Cicero were still alive, our candor would acknowledge that, except in purity of language, their intrinsic merit was excelled by the school of Papinian and Ulpian. The science of the laws is the slow growth of time and experience, and the advantage both of method and materials is naturally assumed by the most recent authors.
The stranger raised his hat, and inclining his head slightly, said, "Permit me to ask your name?" "Salome Owen. And yours, sir, is " "Ulpian Grey." For a few seconds neither spoke; but the man smiled, and the girl bit her under-lip and frowned. "Are you the miller's daughter?" "I am the miller's daughter; and you are the master of Grassmere."
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