(a) Tertullian, Ad Scapulam, 4. (MSL, 1:781.)
The account of Tertullian is generally accepted as substantially correct. Scapula was chief magistrate of Carthage and, under the circumstances, the author would not have indulged his tendency to rhetorical embellishment. Furthermore, the book is written with what was for Tertullian great moderation.
How many rulers, men more resolute and more cruel than you, have contrived to get quit of such causes—as Cincius Severus, who himself suggested the remedy at Thysdris, pointing out how Christians should answer that they might be acquitted; as Vespronius Candidus, who acquitted a Christian on the ground that to satisfy his fellow-citizens would create a riot; as Asper, who, in the case of a man who under slight torture had fallen, did not compel him to [pg 143] offer sacrifice, having owned among the advocates and assessors of the court that he was annoyed at having to meddle with such a case! Prudens, too, at once dismissed a Christian brought before him, perceiving from the indictment that it was a case of vexatious accusation; tearing the document in pieces, he refused, according to the imperial command, to hear him without the presence of his accuser. All this might be officially brought under your notice, and by the very advocates, who themselves are under obligations to Christians, although they cry out against us as it suits them. The clerk of one who was liable to be thrown down by an evil spirit was set free; as was also a relative of another, and the little boy of a third. How many men of rank (not to mention common people) have been cured of devils and of diseases! Even Severus himself, the father of Antonine, was mindful of the Christians; for he sought out the Christian Proclus, surnamed Torpacion, the steward of Euhodias, who once had cured him by means of oil, and whom he kept in his palace till his death. Antonine [Caracalla], too, was brought up on Christian milk,[55] was intimately acquainted with this man. But Severus, knowing both men and women of the highest rank to be of this sect, not only did not injure them, but distinguished them with his testimony and restored them to us openly from the raging populace.[56]
(b) Laws Relating to Forbidden Societies.
1. Justinian, Digest, XLVII. 23:1.
The following is a passage taken from the Institutes of Marcian, Bk. III.
By princely commands it was prescribed to the governors of provinces that they should not permit social clubs and that soldiers should not have societies in the camp. But it is permitted to the poor to collect a monthly contribution, so long as they gather together only once in a month, lest under [pg 144] a pretext of this sort an unlawful society meet. And that this should be allowed not only in the city, but also in Italy and the provinces, the divine Severus ordered. But for the sake of religion they are not forbidden to come together so long as they do nothing contrary to the Senatus-consultum, by which unlawful societies are restrained. It is furthermore not lawful to belong to more than one lawful society, as this was determined by the divine brothers [Caracalla and Geta]; and if any one is in two, it is ordered that it be necessary for him to choose in which he prefers to be, and he shall receive from the society from which he resigns that which belongs to him proportionately of what there is of a common fund.
2. Justinian, Digest, I, 12:14.
From Ulpian's treatise, De officio Præfecti Urbi.
The divine Severus ordered that those who were accused of meeting in forbidden societies should be accused before the prefect of the city.