De decurionibus et filiis eorum
(Concerning Decurions and Their Sons.)
1 Ulpianus libro secundo opinionum. Decuriones, quos sedibus civitatis, ad quam pertinent, relictis in alia loca transmigrasse probabitur, praeses provinciae in patrium solum revocare et muneribus congruentibus fungi curet.
1 Ulpianus, Opinions, Book II. It is established that decurions who have left the towns to which they belonged, and gone to other places, can be recalled to their country by the Governor of the province; and he must take care that they are given suitable employments.
2 Idem libro primo disputationum. Qui ad tempus relegatus est, si decurio sit, desinet esse decurio. reversus plane locum suum quidem non optinebit, sed non semper prohibetur decurio fieri. denique in locum suum non restituetur (nam et sublegi in locum eius potest) et si numerus ordinis plenus sit, exspectare eum oportet, donec alius vacet. alia causa est eius, qui ad tempus ordine removetur: hic enim impleto tempore decurio est. sed et in huius locum sublegi poterit: sed et si plenum locum invenerit, exspectet, donec locus vacet. 1Restitutus tamen in ordinem utrum eum ordinem teneat, quem primum habuit, an vero quem nunc nanctus est, quaeri potest, si forte de ordine sententiarum dicendarum agatur. arbitror tamen eundem ordinem tenere, quem pridem habuit. non idem erit in eo, qui relegatus ad tempus est: nam hic velut novus in ordinem venit. 2In filiis decurionum quaestio est, utrum is solus decurionis filius esse videatur, qui conceptus et natus est ex decurione, an vero et is, qui ante natus est, quam pater decurio fieret. et quidem quantum pertinet, ne fustibus castigetur et ne in metallum detur, non nocet plebeio patre esse natum, si postea honor decurionis patri eorum accesserit. in avo quoque Papinianus idem respondit, ne patris nota filius macularetur. 3Sed si pater ipsius ordine motus sit, si quidem ante conceptionem eius moveatur, arbitror eum quasi plebei filium in honoribus spectari: quod si post conceptionem pater ipsius dignitatem amiserit, dicendum erit benigne ut decurionis filium intuendum. 4Proinde hic quoque, qui post patris relegationem natus sit, si quidem ante conceptus est, similis senatoris filio habebitur: si postea, nocebit illi relegatio. 5Si ad tempus ordine moto patre fuerit natus medioque tempore conceptus et editus, an quasi decurionis filius nascatur, licet pater eius ante obierit, quam in ordinem venerit? quod benigne erit admittendum. 6Praeterea si conceptus sit a plebeio, mox ante editionem pater eius decurionatum adeptus ante editionem amiserit: non infavorabiliter quis medium tempus illi prodesse veluti iam nato respondebit. 7Nullum patris delictum innocenti filio poenae est: ideoque nec ordine decurionum aut ceteris honoribus propter eiusmodi causam prohibetur. 8Maiores annis quinquaginta quinque ad decurionatus honorem inviti vocari constitutionibus prohibentur. sed si ei rei consenserint, etsi maiores annis septuaginta sint, munera quidem civilia obire non coguntur, honores autem gerere debent.
2 The Same, Disputations, Book I. A decurion who is relegated for a certain time ceases to be one. When he returns, he will not obtain his former position, but he will not always be prohibited from becoming a decurion. He will not be restored to his former position, but another can be chosen in his place; and if the number of his order is complete, he must wait until a vacancy occurs. The case is different with one who is temporarily removed from his order, for he becomes a decurion as soon as the time has expired; still, another can be elected in his place. If he finds that it is occupied, he must wait until there is a vacancy. 1But when he has been restored to his order, the question may arise whether he will have the place which he first had, or the one which he has now obtained, if the duty of rendering decisions as a presiding officer is involved. I think he will have the same position which he formerly occupied. The same rule does not apply to one who was relegated for a certain time, for he enters as the last one in order. 2The question arises as to the children of decurions, whether he only is considered to be the son of a decurion who was conceived and born while his father held the.office, or whether he also is to be considered a son who was born before his father became a decurion. And, indeed, so far as the latter is concerned, he cannot be whipped with rods, or sentenced to the mines; nor will he be prejudiced because he was born of a plebeian father, if the honor of the decurionate should afterwards be obtained by the latter. Papinianus rendered the same opinion with reference to a grandfather, and held that a son was not affected if his father was branded with infamy. 3Where, however, a father is expelled from the Order of Decurions, and this was done before the conception of the child, I think that the latter should be considered as the son of a plebeian, so far as any honors are concerned. But if the father should lose his rank after the conception of the child, it would be more indulgent to hold that he should be regarded as the son of the decurion. 4Hence, he who was born after the relegation of his father, provided he was conceived before this took place, is considered to resemble the son of a Senator; however, if it occurred afterwards, the relegation will prejudice him. 5Where the child was born while his father was temporarily excluded from his order, and it had been both conceived and brought forth in the meantime; would he be born the son of a decurion, even though his father should die before being restored to his rank? The benevolent construction is that this would be the case. 6Moreover, if a child was conceived by a plebeian, and afterwards, before its birth, the father obtained the office of decurion, but lost it before the child came into the world, it would be more generous to hold that the intermediate time will be an advantage to him, and that he will be considered as having already been born. 7No crime committed by a father can bring punishment upon an innocent child, and therefore a son will not, for this reason, be excluded from the Order of Decurions, or from any other honor. 8Persons over twenty-five years of age are forbidden by the Imperial Constitutions to be called to the decurionate, without their consent; but if they do consent, they should perform the duties of the office, even if they are more than seventy; although in this instance they cannot be compelled to discharge public employments.
3 Idem libro tertio de officio proconsulis. Generaliter id erit defendendum, ut qui clementiorem sententiam passus est ob hoc, quod ad tempus relegatur, boni consulere debeat humanitatis sententiae nec decurionatum recipiat. 1Sed si quis ob falsam causam vel aliam de gravioribus non ad tempus sit relegatus, sed ad tempus ordine motus, in ea est causa, ut possit in ordinem redire. imperator enim Antoninus edicto proposito statuit, ut cuicumque aut quacumque causa ad tempus ordine vel advocationibus vel quo alio officio fuisset interdictum, completo tempore nihilo minus fungi honore vel officio possit. et hoc recte: neque enim exaggeranda fuit sententia, quae modum interdictioni fecerat. 2Spurios posse in ordinem allegi nulla dubitatio est: sed si habeat competitorem legitime quaesitum, praeferri eum oportet, divi fratres Lolliano Avito Bithyniae praesidi rescripserunt. cessantibus vero his etiam spurii ad decurionatum et re et vita honesta recipientur: quod utique non sordi erit ordini, cum ex utilitate eius sit semper ordinem plenum habere. 3Eis, qui iudaicam superstitionem sequuntur, divi Severus et Antoninus honores adipisci permiserunt, sed et necessitates eis imposuerunt, qui superstitionem eorum non laederent.
3 The Same, On the Duties of Proconsul, Book III. Generally speaking, it should be maintained that where a decurion, having received a lighter sentence than he deserved, has been relegated for a certain time, he should, in accordance with the dictates of humanity, be permitted to retain his property, but he cannot afterwards obtain the office of decurion. 1If, however, a decurion, either on account of some crime involving deceit, or one which is even more serious, has not been relegated for a certain time, but has temporarily been excluded from his order, he is in such a position that he can be reinstated. For the Emperor Antoninus decided by an Edict that when anyone had, for any cause whatsoever, been excluded from his order, or forbidden to be present at its meetings, or to comply with any other of its requirements, for a certain time, after the time had expired, he could still resume the discharge of his official functions or duties. And this is no more than just, for the sentence which merely imposed a certain prohibition should not be increased. 2There is no doubt that illegitimate children can be chosen decurions, but the Divine Brothers stated in a Rescript to Lollianus Avitus, Governor of Bithynia, that if such a son had a competitor who was legitimate, the latter must have the preference. Still, if the legitimate children should neglect to perform their duties, those who are illegitimate ought to be admitted to the office of decurion, after it has been ascertained that their conduct and life are honorable; because, as it is for the public welfare that the Order of Decurions should always be full, ignoble persons should not be admitted to it. 3The Divine Sever us and Antoninus permitted those who adhered to the Jewish superstition to obtain civil honors, but they imposed upon them the requirement not to violate the precepts of their religion.
4 Marcianus libro primo de iudiciis publicis. Decurio, qui prohibetur conducere quaedam, si iure successerit in conductione, remanet in ea. quod et in omnibus similibus servandum est.
4 Marcianus, On Public Prosecutions, Book I. A decurion is forbidden to lease any property; if, however, he should succeed to a lease by inheritance, he can retain possession of it; and this rule should be observed in all similar cases.
5 Papinianus libro secundo quaestionum. Ad tempus ordine motos ex crimine, quod ignominiam importat, in perpetuum moveri placuit. ad tempus autem exulare iussos ex crimine leviore velut transacto negotio non esse inter infames habendos.
5 Papinianus, Questions, Book II. It has been decided that those who temporarily have been removed from the Order of Decurions, for a crime which implies ignominy, are perpetually excluded. Those, however, who have been temporarily exiled for some trifling offence, as, for instance, one which grew out of some business transaction, should not be considered infamous.
6 Idem libro primo responsorum. Spurii decuriones fiunt: et ideo fieri poterit ex incesto quoque natus: non enim impedienda est dignitas eius qui nihil admisit. 1Minores viginti quinque annorum decuriones facti sportulas decurionum accipiunt: sed interim suffragium inter ceteros ferre non possunt. 2Decurio etiam suae civitatis vectigalia exercere prohibetur. 3Qui iudicii publici quaestionem citra veniam abolitionis deseruerunt, decurionum honore decorari non possunt, cum ex Turpilliano senatus consulto notentur ignominia veluti calumniae causa iudicio publico damnati. 4Pater, qui filio decurione creato provocavit, etsi praescriptione temporis exclusus fuerit, si quod gestum est non habuit ratum, muneribus civilibus pro filio non tenebitur. 5Privilegiis cessantibus ceteris eorum causa potior habetur in sententiis ferendis, qui pluribus eodem tempore suffragiis iure decurionis decorati sunt. sed et qui plures liberos habet, in suo collegio primus sententiam rogatur ceterosque honoris ordine praecellit.
6 The Same, Opinions, Book I. Illegitimate children, as well as those sprung from incestuous marriages, can become decurions; for he should not be excluded from office who has committed no crime. 1Minors under the age of twenty-five years, who have been created decurions, receive the salary attached to the office, but they cannot vote with the others. 2A decurion is forbidden to hold the office of farmer of the revenue, even in his own city. 3Those who abandon a public prosecution, without obtaining permission to do so, cannot be decorated with the honor of decurion; for, in accordance with the Turpillian Decree of the Senate, they are branded with infamy as persons who have been convicted of malicious prosecution in a criminal case. 4A son, having been created decurion, his father appealed, and although his appeal was dismissed because it had not been filed within the prescribed time, if the son assumed the office, and the father did not ratify his acts, he would not be liable for his son. 5When other questions relating to privilege are to be decided, those who have obtained the most votes at the same time for the office of decurion shall be entitled to the preference; but he who has the largest number of children shall be first asked for his opinion in the assembly, and precede the others in point of honor.
7 Paulus libro primo sententiarum. Honores et munera non ordinatione, sed potioribus quibusque iniungenda sunt. 1Surdus et mutus si in totum non audiant aut non loquantur, ab honoribus civilibus, non etiam a muneribus excusantur. 2Is, qui non sit decurio, duumviratu vel aliis honoribus fungi non potest, quia decurionum honoribus plebeii fungi prohibentur. 3Ad decurionatum filii ita demum pater non consentit, si contrariam voluntatem vel apud acta praesidis vel apud ipsum ordinem vel quo alio modo contestatus sit.
7 Paulus, Opinions, Book I. Honors and offices have no reference to the order of election, but should be conferred upon those who are more worthy. 1A deaf person, who cannot hear at all, and one who is dumb and cannot speak, are excused from municipal offices but not from other public duties. 2He who is not a decurion cannot discharge the functions of a duumvir, or those pertaining to other offices, for the reason that plebeians are forbidden to perform the duties of decurions. 3A father is not considered to have consented to his son being made decurion, if he manifests opposition in the presence of the Governor, or before the Order itself, or in any other way.
8 Hermogenianus libro primo iuris epitomarum. Decurionibus facultatibus lapsis alimenta decerni permissum est, maxime si ob munificentiam in patriam patrimonium exhauserint.
8 Hermogenianus, Epitomes, Book I. It is permitted to furnish provisions to decurions who have lost their property; especially if they have exhausted their patrimony through generosity to their country.
9 Paulus libro primo decretorum. Severus Augustus dixit: ‘etsi probaretur Titius in servitute patris sui natus, tamen, cum ex libera muliere sit procreatus, non prohibetur decurio fieri in sua civitate’. 1Non esse dubitandum, quin navicularii non debent decuriones creari.
9 Paulus, Decrees, Book I. The Emperor Severus said: “Even if Titius should be proved to have been born to a father who was in slavery, but of a mother who was free, he is not thereby prevented from becoming a decurion in the city of his birth.” 1There is no doubt that sailors cannot become decurions.
10 Modestinus libro primo responsorum. Herennius Modestinus respondit sola albi proscriptione minime decurionem factum, qui secundum legem decurio creatus non sit.
10 Modestinus, Opinions, Book I. Herennius Modestinus gave it as his opinion that a man did not become a decurion merely by an order for the payment of his salary, when he not been legally created.
11 Callistratus libro primo cognitionum. Non tantum qui tenerae aetatis, sed etiam qui grandes natu sunt decuriones fieri prohibentur. illi quasi inhabiles rem publicam tueri ad tempus excusantur, hi vero in perpetuum amoventur: non alias seniores, ne seniorum excusatione iuniores onerentur ad omnia munera publica suscipienda soli relicti. neque enim minores viginti quinque annis decuriones allegi nisi ex causa possunt, neque hi, qui annum quinquagensimum et quintum excesserunt. nonnumquam etiam longa consuetudo in ea re observata respicienda erit. quod etiam custodiendum principes nostri consulti de allegendis in ordine Nicomedensium huius aetatis hominibus rescripserunt.
11 Callistratus, Judicial Inquiries, Book I. Not only those who are of tender years but also aged persons are forbidden to become decurions. The former are, as it were, unable to protect the interests of the State, and are temporarily excused, but the latter are perpetually excluded; still, persons of advanced age should not be excused except for good reasons, lest those who are younger, through their elders not having been chosen, will be left alone to sustain all the public responsibilities of government; for minors under twenty-five years of age cannot be created decurions unless for some good cause, nor are those eligible who have passed their fifty-fifth year. Sometimes, long-established custom should be considered in this matter; for our Emperors, having been consulted by the people of Nicomedia as to whether persons of that age could be elected to the order, stated in a Rescript that this could be done.
12 Idem libro sexto cognitionum. Eos, qui utensilia negotiantur et vendunt, licet ab aedilibus caeduntur, non oportet quasi viles personas neglegi. denique non sunt prohibiti huiusmodi homines decurionatum vel aliquem honorem in sua patria petere: nec enim infames sunt. sed ne quidem arcentur honoribus, qui ab aedilibus flagellis caesi sunt, quamquam iure suo ita aediles officio isto fungantur. inhonestum tamen puto esse huiusmodi personas flagellorum ictibus subiectas in ordinem recipi, et maxime in eis civitatibus, quae copiam virorum honestorum habeant: nam paucitas eorum, qui muneribus publicis fungi debeant, necessaria etiam hos ad dignitatem municipalem, si facultates habeant, invitat.
12 The Same, Judicial Inquiries, Book VI. Those who trade in and sell the necessaries of life should not be despised as degraded persons, although they are subject to chastisement by the Ædiles. For men of this kind are not prohibited from seeking the office of decurion, or any other honor in their own country, as they are not infamous; and they are not excluded from public employments, even after they have been scourged by the Ædiles, who are only discharging their lawful duty in doing so. I do not, however, think that it is honorable to receive persons of this kind, who have been subjected to blows with a scourge, into the order; and especially in towns which contain a number of honest men, but the scarcity of those who should discharge the duties of a public office necessarily calls such persons to municipal honors, if they possess the requisite qualifications.
13 Papirius Iustus libro secundo de constitutionibus. Imperatores Antoninus et Verus Augusti rescripserunt in tempus relegatos et reversos in ordinem allegi sine permissu principis non posse. 1Item rescripserunt relegatos non posse tempore finito in ordinem decurionum allegi, nisi eius aetatis fuerint, ut nondum decuriones creari possent, et dignitas certa spem eius honoris id faceret, ut princeps indulgere possit. 2Item rescripserunt eum, qui in relegatione natus est, non prohiberi honore decurionatus fungi. 3Item rescripserunt non admitti contradicere volentem, quod non recte quis sit creatus decurio, cum initio contradicere debuerit.
13 Papirius Justus, On the Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript that persons who have been relegated for a time, and have returned, can not be reinstated in the Order of Decurions without the consent of the Emperor. 1They also stated in a Rescript that those who had been relegated after their time had expired could not be restored to their rank as decurions, unless they were of such an age that they could be created decurions, and their position afforded them the hope of obtaining the honor, or gave them the assurance that the Emperor would show them special indulgence. 2They also stated in a Rescript that a son who was born during relegation is not prohibited from discharging the duties of a decurion. 3They also stated in a Rescript that anyone who had consented to the appointment of another as decurion should not afterwards oppose the appointment on the ground that the party was not legally created a decurion, as he ought to have objected in the beginning.
14 Paulus libro primo quaestionum. De decurione damnato non debere quaestionem haberi divus Pius rescripsit. unde etiam si desierit decurio esse, deinde damnetur, non esse torquendum in memoriam prioris dignitatis placet.
14 Paulus, Questions, Book I. The Divine Pius stated in a Rescript that a decurion who had been convicted should not be subjected to torture. Wherefore, when anyone ceases to be a decurion, and afterwards is convicted, it is decided that he must not be tortured, on account of the memory of his former dignity.