De iure immunitatis
(On the right of immunity.)
1 Ulpianus libro tertio opinionum. Qui ob hos tantum in navibus sint, ut in eis agendi causa operarentur, nulla constitutione immunitatem a muneribus civilibus habent. 1Personis datae immunitates heredibus non relinquuntur. 2Sed et generi posterisque datae custoditaeque ad eos, qui ex feminis nati sunt, non pertinent.
1 Ulpianus, Opinions, Book III. Those who are only on board ships for the purpose of navigating them are not entitled to immunity from civil employments, by the terms of any Imperial Constitution. 1Immunity granted to anyone does not descend to his heirs. 2Where it is given to and acquired by a family and its descendants, it does not pass to those born of the women of this family.
2 Idem libro quarto de officio proconsulis. Si qui certa condicione muneribus vel honoribus se adstrinxerunt, cum alias compelli non possent inviti suscipere istum honorem: fides eis servanda est condicioque, qua ad munera sive honores applicare se passi sunt.
2 The Same, On the Duties of Proconsul, Book IV. Where persons are obliged to discharge the duties of public employment or office, under a certain condition, when they could not otherwise be compelled to do so against their consent, good faith must be observed by them, and the condition under which they agreed to devote themselves to the exercise of the said employments or office must be complied with.
3 Idem ex eodem libro. Impuberes, quamvis necessitas penuriae hominum cogat, ad honores non esse admittendos rescripto ad venidium Rufum legatum Ciliciae declaratur.
3 The Same, In The Same Book. It was stated in a Rescript addressed to Benidius Rufus, Governor of Cilicia, that minors under the age of puberty should not be admitted to hold office, even if the scarcity of eligible persons appeared to render this necessary.
4 Idem libro quinto. Maiores septuaginta annis a tutelis et muneribus personalibus vacant. sed qui ingressus est septuagensimum annum, nondum egressus, hac vacatione non utetur, quia non videtur maior esse septuaginta annis qui annum agit septuagensimum.
4 The Same, Book V. Men over seventy years of age are exempt from guardianships and personal employments. Anyone, however, who has entered his seventieth year, but not yet completed it, cannot avail himself of this excuse, because he who is in his seventieth year is not considered to be over seventy years of age.
5 Modestinus libro sexto regularum. Immunitates generaliter tributae eo iure, ut ad posteros transmitterentur, in perpetuum succedentibus durant.
5 Modestinus, Rules, Book VI. Immunities, generally speaking, are granted to a person in such a way that they can be transmitted to his descendants, and are perpetual, so far as his male successors are concerned.
6 Callistratus libro primo de cognitionibus. Semper in civitate nostra senectus venerabilis fuit: namque maiores nostri paene eundem honorem senibus, quem magistratibus tribuebant. circa munera quoque municipalia subeunda idem honor senectuti tributus est. sed eum, qui in senectute locuples factus est et ante nullo publico munere functus est, dici potest non eximi ab hoc onere privilegio aetatis, maxime si non tam corporis habeat vexationem quam pecuniae erogationem indicti muneris administratio, et ex ea sit civitate, in qua non facile sufficientes viri publicis muneribus inveniantur. 1Legem quoque respici cuiusque loci oportet, an, cum aliquas immunitates nominatim complecteretur, etiam de numero annorum in ea conmemoretur. idque etiam colligi potest ex litteris divi Pii, quas emisit ad Ennium Proculum proconsulem provinciae Africae. 2Demonstratur varie nec abscise numerum liberorum ad excusationem municipalium munerum prodesse ex rescriptis divi Helvii Pertinacis. namque Silvio Candido in haec verba rescripsit: ‘Εἰ καὶ μὴ πασῶν λειτουργιῶν ἀφίησιν τοὺς πατέρας ὁ τῶν τέκνων ἀριθμός, ἀλλ’ οὖν ἐπειδὴ ἑκκαίδεκα παῖδας ἔχειν διὰ τοῦ βιβλίου ἐδήλωσας, οὐκ ἔστιν ἄλογον, ὥστε συγχωρῆσαι σχολάζειν τῇ παιδοτροφίᾳ καὶ ἀνέσθαι σε τῶν λειτουργιῶν’. 3Negotiatores, qui annonam urbis adiuvant, item navicularii, qui annonae urbis serviunt, immunitatem a muneribus publicis consequuntur, quamdiu in eiusmodi actu sunt. nam remuneranda pericula eorum, quin etiam exhortanda praemiis merito placuit, ut qui peregre muneribus et quidem publicis cum periculo et labore fungantur, a domesticis vexationibus et sumptibus liberentur: cum non sit alienum dicere etiam hos rei publicae causa, dum annonae urbis serviunt, abesse. 4Immunitati, quae naviculariis praestatur, certa forma data est: quam immunitatem ipsi dumtaxat habent, non etiam liberis aut libertis eorum praestatur: idque principalibus constitutionibus declaratur. 5Divus Hadrianus rescripsit immunitatem navium maritimarum dumtaxat habere, qui annonae urbis serviunt. 6Licet in corpore naviculariorum quis sit, navem tamen vel naves non habeat nec omnia ei congruant, quae principalibus constitutionibus cauta sunt, non poterit privilegio naviculariis indulto uti. idque et divi fratres rescripserunt in haec verba: ‘Ἦσαν καὶ ἄλλοι τινὲς ἐπὶ προφάσει τῶν ναυκλήρων καὶ τὸν σῖτον καὶ ἔλαιον ἐμπορευομένων εἰς τὴν ἀγορὰν τοῦ δήμου τοῦ Ῥωμαϊκοῦ ὄντων ἀτελῶν ἀξιοῦντες τὰς λειτουργίας διαδιδράσκειν, μήτε ἐπιπλέοντες μήτε τὸ πλέον μέρος τῆς οὐσίας ἐν ταῖς ναυκληρίαις καὶ ταῖς ἐμπορίαις ἔχοντες. ἀφαιρεθήτω τῶν τοιούτων ἡ ἀτέλεια’. 7Hoc circa vacationes dicendum est, ut, si ante quis ad munera municipalia vocatus sit, quam negotiari inciperet, vel antequam in collegium adsumeretur quod immunitatem pariat, vel antequam septuagenarius fieret. vel antequam publice profiteretur, vel antequam liberos susciperet, compellatur ad honorem gerendum. 8Negotiatio pro incremento facultatium exercenda est. alioquin si quis maiore pecuniae suae parte negotiationem exercebit, rursus locuples factus in eadem quantitate negotiationis perseveraverit, tenebitur muneribus, sicuti locupletes, qui modica pecunia comparatis navibus muneribus se publicis subtrahere temptant: idque ita observandum epistula divi Hadriani scripta est. 9Divus quoque Pius rescripsit, ut, quotiens de aliquo naviculario quaeratur, illud excutiatur, an effugiendorum munerum causa imaginem navicularii induat. 10Conductores etiam vectigalium fisci necessitate subeundorum municipalium munerum non obstringuntur: idque ita observandum divi fratres rescripserunt. ex quo principali rescripto intellegi potest non honori conductorum datum, ne compellantur ad munera municipalia, sed ne extenuentur facultates eorum, quae subsignatae sint fisco. unde subsisti potest, an prohibendi sint a praeside vel procuratore Caesaris etiam si ultro se offerant municipalibus muneribus: quod propius est defendere, nisi si paria fisco fecisse dicantur. 11Coloni quoque Caesaris a muneribus liberantur, ut idoniores praediis fiscalibus habeantur. 12Quibusdam collegiis vel corporibus, quibus ius coeundi lege permissum est, immunitas tribuitur: scilicet eis collegiis vel corporibus, in quibus artificii sui causa unusquisque adsumitur, ut fabrorum corpus est et si qua eandem rationem originis habent, id est idcirco instituta sunt, ut necessariam operam publicis utilitatibus exhiberent. nec omnibus promiscue, qui adsumpti sunt in his collegiis, immunitas datur, sed artificibus dumtaxat. nec ab omni aetate allegi possunt, ut divo Pio placuit, qui reprobavit prolixae vel inbecillae admodum aetatis homines. sed ne quidem eos, qui augeant facultates et munera civitatium sustinere possunt, privilegiis, quae tenuioribus per collegia distributis concessa sunt, uti posse plurifariam constitutum est. 13Eos, qui in corporibus allecti sunt, quae immunitatem praebent naviculariorum, si honorem decurionatus adgnoverint, compellendos subire publica munera accepi: idque etiam confirmatum videtur rescripto divi Pertinacis.
6 Callistratus, On Judicial Inquiries, Book I. Old age has always been greatly venerated in our City. For our ancestors treated old men with almost the same reverence as magistrates, and the same honor was granted to old age with reference to municipal obligations which were required to be performed. Anyone, however, who became rich in his old age, and had not previously exercised the functions of any public employment, cannot be said to be exempt from such a charge by the privilege of his years, and especially if the administration of the office imposed upon him does not require corporeal exertion as much as the payment of money, because it is not easy to find men enough properly qualified in the City to discharge public duties. 1It is also necessary to take into consideration the custom of every place, and see whether any immunities are expressly granted, and also whether anything is mentioned with reference to the number of years required to obtain them. This can also be ascertained from the Rescripts of the Divine Pius, which he sent to Ennius, Proconsul of the Province of Africa. 2It is clearly and plainly stated, according to Rescripts of the Divine Ælius Pertinax, that the number of children affords a valid excuse from municipal employments; for he stated the following in a Rescript addressed to Julius Candidus: “Although the number of children does not exempt a father from all public employments, still because you have notified me in your petition that you have sixteen, it is not unreasonable for us to grant you exemption from public office, to enable you to bring up your children.” 3Traders, who assist in furnishing provisions to a city, as well as sailors who also provide for its necessities, will obtain exemption from public office, as long as they continue to do this; for it very properly has been decided that the risks which they incur should be suitably recompensed, so that those who perform such public duties outside of their own country with risk and labor should be exempt from annoyances and expenses at home; as it may not incorrectly be said that even they are absent on business for the government when they are employed in collecting provisions for a city. 4A certain specific character is given to the immunity bestowed upon the owners of vessels, which immunity they alone are entitled to; for it is not conferred either upon their children or their freedmen. This is set forth in the Imperial Constitutions. 5The Divine Hadrian stated in a Rescript that only those ship owners should be entitled to immunity who provided subsistence for the City. 6Although anyone may belong to the association of ship owners, if he has neither a ship nor vessels, nor anything else which is provided for by the Imperial Constitutions, he cannot avail himself of the privilege granted to ship owners; and the Divine Brothers stated the following in a Rescript: “Where there are any persons who claim that they are immune from public employments, under the pretext of transporting grain and oil by sea, for the benefit of the Roman people, and they are not engaged in maritime traffic, and have not the greater portion of their property invested in maritime business and commodities, they shall be deprived of the immunity which they enjoy.” 7It must be said with reference to the. following exemptions that where anyone was called to municipal employments before he engaged in commerce, and before he was admitted to an association formed by those engaged in the same pursuit (for the reason that he obtained immunity), whether before he became seventy years of age and publicly stated the fact, or had the requisite number of children, he should be compelled to assume the duties of the office to which he was appointed. 8Maritime commerce is prosecuted for the purpose of increasing one’s property, otherwise, if anyone should carry it on with the greater part of his money, and he, having become still more wealthy, should continue to transact the same volume of business, he will be liable to public service, just as wealthy persons who having purchased ships for a small sum attempt to evade the duties of municipal office. It is stated in a Rescript of the Divine Hadrian that this rule should be observed. 9The Divine Pius stated in a Rescript that, whenever a question arose as to whether anyone belonged to the association of ship owners, it should be ascertained whether he had assumed the character of one for the purpose of avoiding public employment. 10Farmers of the revenue, also, are not reduced to the necessity of exercising municipal employments. The Divine Brothers stated in a Rescript that this rule should be observed. From this Imperial Rescript it can be understood that it is not granted as a privilege to farmers of the revenue, that they should not be compelled to exercise municipal employments; but to prevent their property, which is already bound to the Treasury, from being subjected to further liability. Wherefore, it may be doubted if they should voluntarily offer to accept public office, whether they should be prevented from doing so by the Governor of the province, or by the Manager of the Imperial Revenues. The latter opinion is the more easy to maintain, unless they are said to be ready to settle their accounts with the Treasury. 11Farmers of the Imperial demesnes are exempt from municipal employments in order that they may be better adapted to the cultivation of the land belonging to the Treasury. 12Immunity is conceded to certain associations or corporate bodies, to which the right of assembly has been granted by law; that is to say, to associations or corporate bodies to which each person is admitted on account of his occupation, as, for instance, the Society of Artisans, provided they have the same origin; for instance, if they have been organized in order to perform labor necessary for the public welfare. Immunity is not indiscriminately granted to all those who are admitted to these associations, but only to artisans, for it was decided by the Divine Pius that persons of every age could not be chosen; and he disapproved of the admission of those of an advanced or decrepit age. And, in order that individuals who had become wealthy might not avoid the responsibility attaching to civil office, it was decided in many places that persons could avail themselves of the privileges which had been granted by such associations to anyone in reduced circumstances. 13I have been informed that when persons who have been elected to membership in corporate bodies, which afford immunity to their members, as, for instance, that of ship owners, obtain the honor of the decurionate, they should be compelled to exercise public employments. This seems to be confirmed by a Rescript of the Divine Pertinax.
7 Tarruntenus Paternus libro primo militarium. Quibusdam aliquam vacationem munerum graviorum condicio tribuit, ut sunt mensores, optio valetudinarii, medici, capsarii, et artifices et qui fossam faciunt, veterinarii, architectus, gubernatores, naupegi, ballistrarii, specularii, fabri, sagittarii, aerarii, bucularum structores, carpentarii, scandularii, gladiatores, aquilices, tubarii, cornuarii, arcuarii, plumbarii, ferrarii, lapidarii, et hi qui calcem cocunt, et qui silvam infindunt, qui carbonem caedunt ac torrent. in eodem numero haberi solent lani, venatores, victimarii, et optio fabricae, et qui aegris praesto sunt, librarii quoque qui docere possint, et horreorum librarii, et librarii depositorum, et librarii caducorum, et adiutores corniculariorum, et stratores, et polliones, et custodes armorum, et praeco, et bucinator. hi igitur omnes inter immunes habentur.
7 Taruntenus Paternus, Military Affairs, Book I. The condition of certain persons affords them exemption from more onerous employments, as, for instance, measurers of grain and their assistants, chronic invalids, physicians, slaves who carry the books of scholars, artisans, laborers who dig ditches, veterinaries, architects, pilots, ship carpenters, makers of ballistas, makers of glass, mechanics, manufacturers of arrows, workers in bronze, chariot-builders, tile-makers, gladiators, makers of pipes, trumpet makers, makers of musical instruments, makers of bows, workers in lead and iron, lapidaries, burners of lime, wood cutters and charcoal burners. Under the same category are also included butchers, hunters, those who deal in animals for sacrifice, the assistants of factory superintendents, those who attend the sick, weighers, not only those in warehouses and depositories, but also such as are charged with the distribution of supplies to the army, aids of military tribunes, couriers, the guards of arms, common criers, and trumpeters. All these persons are considered to be exempt from public office.