THE
TRANSLATION and COMMENTARY
By
Northwestern College
EDICT[1]
OF CAESAR
It is my decision [concerning] graves and tombs --whoever has made
them for the religious observances[2] of parents, or children, or household
members[3] --that these[4] remain undisturbed[5] forever. But if anyone
legally charges
that another person has destroyed, or has in any manner
extracted those who have been
buried, or has moved with wicked intent[6] those
who have
been buried to other places, committing a crime against them, or has
moved sepulcher-sealing stones,[7] against such a person I order that a judicial
tribunal be created,[8] just as [is done] concerning the gods[9] in human
religious observances, even more so will it be obligatory to treat with honor
those who have been entombed. You are absolutely not to allow anyone to
move[10] [those who have been entombed]. But if [someone does], [11]I wish
that [violator] to suffer capital punishment[12] under the title[13] of tomb-breaker.
[1] The Greek word used here is “diatagma” or “decree.” The Nazareth Inscription is almost certainly a rump or abridged version of an imperial rescript. It was common for imperial rescripts to be treated as legal decrees. See Charlesworth, Documents Illustrating the Reigns of Claudius and Nero, p. 14 where the Emperor Claudius himself calls one of his rescripts on Jewish rights “touto mou to diatagma” or “this decree of mine.”
[2] Zuluet, in his article Violation of Sepulture in Palestine at the Beginning of the Christian Era, p. 184, and Brown in his article Violation of Sepulture in Palestine , p. 2 both translate the Greek phrase “threskeian progonon” in line 3 of the Greek text as “cult of their ancestors;” thereby suggesting that the Nazareth Inscription fits best with a Greco-Roman context, where religious rituals were performed at tombs by relatives. However, the word “threskeian” is best translated as “religious observance.” It is used at least five times in imperial rescripts dealing with Jewish religion. See Charlesworth, Documents, pp. 5, 14, 15. It is also used in this same way for the Jewish religion by the Jewish historian Josephus, AJ, 17.9.3. In addition, this same Greek word [“threskeian”] is used several times in the New Testament as related to Christianity, see Acts 26:5, James 1:26-27, and Col. 2:18. The Greek work “threskeian” does not necessarily suggest pagan religion and can best be translated as “religious observance.”
[3] It must be noted that the entire
context of this decree assumes the existence of family tombs where only
dead bodies –not the ashes of cremated humans-- were placed. It should
also be noted that there in nothing in this decree which assumes or states
that the ashes of the cremated dead had been moved, lost or destroyed, or
that funeral urns had been destroyed or stolen. This decree also does not
mention bodies or funeral urns being dug up out of the ground, and burial
in the ground was the normal gentile method of burial in the
[4] Zeulueta’s
suggeston, in his article Violation of Sepulture
in
[5] The Greek word ametakinetous, which is here translated here as “undisturbed,” would in most other instances be translated as “unmoved.” The basic meaning of the root word is “to move,” with an added alpha privitive negating it. The English translation “undisturbed” is correct, but it does not give the full range of meaning found in the Greek word ametakinetous, which is prohibiting any sort disturbance made by movement or change.
[6] The Greek doloi poneroi is almost certainly the equivalent of the Latin cuius dolo malo found in later Roman law --see Justinian’s Digest 47.12.3pr. The Latin “cuius dolo malo”translates as: “by someone’s evil design.” Zulueta renders the Greek phrase “doloi poneroi” by the adverb “maliciously” in his translation of the Nazareth Inscription, see his article Violation of Sepulture, p, 185. Frank E. Brown in his translation in his Violation of Sepulture in Palestine, p. 2 renders this Greek phrase as “with malice aforethought.” Brown’s translation is far better than Zulueta’s, but still does not give the full sense of what is being said. This entire Greek phrase reads as “eis heterous topous doloi poneroi metatetheikota. The placement of doloi poneroi between heterous topous and metatetheikota clearly indicates that it was the moving of dead bodies to other places that was being done “with wicked intent.” The proper translation of doloi poneroi as “with wicked intent” gives strong support to the conclusion that the Nazareth Inscription was a rescript written in response to the story of the resurrection of Christ.
[7] The “e” [“or”] between the Greek
words katoxous and lithous is almost certainly
a scribal error. The Greek words katoxoi lithoi,
--without the “e” [“or”] between them-- appears in several other Greek documents
and translates as “sepulcher-sealing stones.” The period of time that sepulcher
sealing stones were used for family tombs in
[8] I believe that the Greek phrase “criterion ego keleuo genesthai” [“I order that a tribunal to be established”] indicates that a trial for sacrilege was to be handled by a local religious tribunal. The punishment, however, was to be meted out by temporal Roman officials. It should be noted that both Jesus Christ and the Apostle Paul were put on trial by Jewish religious leaders for sacrilege, before being handed over to or seized by Roman officials; see Matt. 27:1-2, John 18:28-33, and Acts 20:28 and 22:30.
[9] Brown in his article Violation of Sepulture in Palestine,
p. 15 argues that the presence of the word “gods” indicates that the Nazareth
Inscription was written for a pagan audience, probably in the
[10] The Greek word used here is “metakeinesai” which translates as “to move,” i.e. dead bodies. This is not reflected in the translations of Zulueta, “disturb them” p. 159, or Brown “forcibly disturb them” p. 3. This sentence in lines 19-20 of the Greek text is simply restating for the second time that dead bodies were not to be moved from tombs. The fact that this warning against removing the dead from tombs is repeated twice strongly indicates that this issue was the main reason for this decree, and this fits very well with the story of the resurrection of Christ. It should also be noted that there is no accusation made in the Nazareth Inscription that tombs or bodies were being robbed, only that bodies were being moved. This is very strange, unless one assumes that Claudius had heard the Jewish version of the resurrection of Christ.
[12] As a variety of modern scholars
have noted, there is no other example in all of Roman law of the use of
capital punishment to punish the crime of breaking into a tomb and removing
a dead body. Generally under Roman law, tomb breaking was treated as a
matter for a civil suit by the person or family that owned the tomb, see
Justinian, Digest 47.12 De sepulchro
violato. Justinian’s Digest 47.12.3.7 does impose the
death penalty on anyone who “robs dead bodies” [“cadavera
spoliant”] “by armed force” [“manu
armata”]; but there is no reference to the death
penalty being imposed for breaking into a tomb and removing a dead body.
This was true both for the period of the
[13] The Greek word used here is “onomati”
or “name.” I believe that the word “onoma” or “name” was an early Greek translation for the Latin
word “titulus. The word titulus
was used in Latin for the written accusation posted at the site where a
condemned person was to be executed. See for example the titulus of Christ, “King of the Jews,” posted over his head
at His crucifixion. The Roman practice of posting a titulus
was foreign to the Hellenistic world, and there was no equivalent Greek
word to translate it. For example, in all three of the synoptic Gospels,
the Greek words “aitia” [“legal charge”] and variants
of the verb “grapho” [“write”] are used together
to describe the titulus of Christ, see Matt.27:27,
Mark 15:26, Luke 23:38. However, by the time that the John wrote his gospel,
the Latin “titulus” had become a loan word in
the Greek language as “titlos.” John
2007/2008