De legationibus
(Concerning embassies.)
1 Ulpianus libro octavo ad Massurium Sabinum. Legatus municipalis si deseruerit legationem, poena adficietur extraordinaria, motus ordine, ut plerumque solet.
1 Ulpianus, On Massurius Sabinus, Book VIII. When a municipal envoy abandons his office, he is generally subjected to an ordinary penalty, and dismissed from his order.
2 Idem libro secundo opinionum. Legatus contra rem publicam, cuius legatus est, per alium a principe quid postulare potest. 1Utrum quis deseruerit legationem an ex necessaria causa moram passus sit, ordini patriae suae probare debet. 2Cessatio unius legati ei, qui munus ut oportet obiit, non nocet.
2 The Same, Opinions, Book II. An envoy appointed to proceed against a municipality can present his claim to the Emperor through another. 1When an envoy abandons his charge, or delays results for some good reason, he must prove this fact before the Order of the town where he resides. 2The neglect of an envoy to perform his duty does not prejudice his colleague.
3 Idem ex eodem libro. His, qui non gratuitam legationem susceperunt, legativum ex forma restituatur.
3 The Same, In The Same Book. Salaries, in proportion to their rank, are paid to envoys who do not undertake their mission gratuitously.
4 Africanus libro tertio quaestionum. Cum quaeritur, an in eum, qui in legatione sit, actio dari debeat, non tam interest, ubi quis aut crediderit aut dari stipulatus sit, quam illud, an id actum sit, ut legationis tempore solveretur.
4 Africanus, Questions, Book III. When the question is asked whether an action should be granted against a person who is the member of a embassy, it is not so important to ascertain where the claimant either lent him money, or stipulated that something should be given, as to know where suit can be brought, so that payment may be made during the time of his mission.
5 Marcianus libro duodecimo institutionum. Sciendum est debitorem rei publicae legatione fungi non posse: et ita divus Pius Claudio Saturnino et Faustino rescripsit. 1Sed et eos, quibus ius postulandi non est, legatione fungi non posse et ideo harena missum non iure legatum esse missum divi Severus et Antoninus rescripserunt. 2Debitores autem fisci non prohibentur legatione fungi. 3Si accusatio alicuius publice instituta sit, non est compellendus accusator ad eum legationem suscipere, qui se amicum vel domesticum dicit eius, qui accusatur: et ita divi fratres Aemilio Rufo rescripserunt. 4Legati vicarios dare non alios possunt nisi filios suos. 5Ordine unusquisque munere legationis fungi cogitur: et non alias compellendus est munere legationis fungi, quam si priores, qui in curiam lecti sunt, functi sint. sed si legatio de primoribus viris desideret personas et qui ordine vocantur inferiores sint, non esse observandum ordinem divus Hadrianus ad Clazomenios rescripsit. 6Praecipitur autem edicto divi Vespasiani omnibus civitatibus, ne plures quam ternos legatos mittant.
5 Marcianus, Institutes, Book XII. It should be noted that a debtor to the government cannot perform the duties devolving on an embassy. This the Divine Pius stated in a Rescript addressed to Claudius Saturninus and Faustinus. 1Persons who have not the right to prosecute cannot exercise the function of an envoy; and the Divine Severus and Antoninus stated in a Rescript that anyone who had been appointed to contend in the arena could not legally be one. 2Debtors of the Treasury, however, are not forbidden to perform the duties of an envoy. 3Where a charge has been publicly brought against anyone the accuser should not be compelled to undertake the duties of an envoy to one who alleges that he is a friend, or belongs to the family of the accused party. This was stated by the Divine Brothers in a Rescript to Æmilius Rufus. 4Envoys cannot appoint others their substitutes, with the exception of their sons. 5Everyone is compelled to perform the functions of an envoy in his turn, but is not obliged to do so until those who have been chosen before him in an assembly have performed theirs. If, however, the embassy requires men of the first rank, and those who are called in their order are of inferior degree, the regular order should not be observed, as the Divine Hadrian stated in a Rescript addressed to the Clazomenians. 6It is provided by an Edict of the Divine Vespasian addressed to all cities that one municipality shall not send more than three envoys.
7 Ulpianus libro quarto de officio proconsulis. Filio propter patrem legationis vacatio ne concedatur, imperator noster cum patre Claudio Callisto rescripsit in haec verba: ‘Quod desideras, ut propter legationem patris tui a legatione tu vaces, in intervallis honorum, qui sumptum habent, recte observatur: in impendiis legationum, quae solo ministerio obeuntur, diversa causa est’.
7 Ulpianus, On the Duties of Proconsul, Book IV. Exemption from serving as an envoy is not granted to a son on account of the service of his father as one, as our Emperor, with his Father, stated to Claudius Callistus, as follows: “You petition to be exempted from acting as an envoy on account of the service of your father, but this can properly take place only so far as an office which requires the payment of expense is concerned; the rule, however, is different with reference to the expenses of an embassy which demands the service of a single person.”
8 Papinianus libro primo responsorum. Filius decurio pro patre legationis officium suscepit. ea res filium, quo minus ordine suo legatus proficiscatur, non excusat: pater tamen biennii vacationem vindicare poterit, quia per filium legatione functus videtur.
8 Papinianus, Opinions, Book I. A son, who was a decurion, assumed the duties of a envoy in behalf of his father. This will not excuse him from another embassy, unless he has already departed; the father, however, can claim exemption for two years, for the reason that he is considered to have discharged the duties of his mission by his son.
9 Paulus libro primo responsorum. Respondit eum, qui legatione functus est, intra tempora vacationis praefinita non oportere compelli rursum ad defendendum publicum negotium, etiamsi de eadem causa litigetur. 1‘Imperatores Antoninus et Severus Augusti Germano Silvano. legatione functis biennii vacatio conceditur: nec interest, utrum legatio in urbe an in provincia agentibus nobis mandata sit’. 2Paulus respondit eum, qui legatione fungitur, neque alienis neque propriis negotiis se interponere debere. in qua causa non videri eum quoque contineri, qui cum amico suo praetore gratis consilium participat.
9 Paulus, Rules, Book I. Paulus gave it as his opinion that when anyone has once performed the duties of an envoy he cannot, during the time prescribed for exemption, be compelled to again undertake the defence of any public case, even if the same question was in controversy. 1“The Emperors Antoninus and Severus to Germanus Silvanus: An exemption for the term of two years is granted to persons who have discharged the duties of envoy, and it makes no difference whether the embassy was despatched to us at Rome or in a province.” 2Paulus held that anyone who performed the functions of an envoy should not attend to his own affairs nor to those of others; but anyone who gratuitously gives his advice to a Prætor, who is his friend, is not considered in this instance to violate this rule.
10 Idem libro tertio responsorum. Paulus respondit de eo damno, quod legationis tempore legatus passus est, posse eum etiam legationis tempore experiri.
10 The Same, Opinions, Book III. Paulus gave it as his opinion that where an envoy sustained any damage during the term of his service he could, even during that time, bring an action.
11 Idem libro primo sententiarum. Legatus antequam officio legationis functus sit, in rem suam nihil agere potest, exceptis his quae ad iniuriam eius vel damnum parata sunt. 1Si quis in munere legationis, antequam ad patriam revertetur, decessit, sumptus, qui proficiscenti sunt dati, non restituuntur.
11 The Same, Sentences, Book I. An envoy cannot bring an action relating to his own property before he has performed his official duties, except in those cases which relate to the reparation of injury or the payment of damages. 1When anyone dies during his service as envoy, and before he returns to his home, the expenses which have been advanced to him at the time of his departure shall not be returned.
12 Idem libro singulari de iure libellorum. Si absenti iniuncta est legatio eamque gratuitam suscepit, potest quis et per alium legationem mittere. 1Qui legationis officio fungitur, licet suum negotium curare non potest, magnus tamen Antoninus permisit ei pupillae nomine et instruere et defendere causam, licet legationi, quam suscepit, nondum renuntiaverit, praecipue cum participem officii ipsius absentem esse dicebat.
12 The Same, On the Right of Petition. Where anyone is appointed an envoy during his absence, and voluntarily accepts the office, he can send another to discharge its duties in his place. 1Although anyone who performs the duties of an envoy cannot transact his own business, still, the Great Antoninus permitted him to prosecute and defend cases in the name of a female ward; although he had not yet attended to the affairs of the embassy which he had undertaken, and especially when he alleged that the guardian for whom he acted was absent.
13 Scaevola libro primo digestorum. Legatus creatus a patria sua suscepta legatione in urbem Romam venit et nondum perfecta legatione domum, quae erat in ipsius civitate nicopoli, emit. quaesitum est, an in senatus consultum inciderit, quo prohibentur legati ante perfectam legationem negotiis vel privatis rebus obstringi. respondit non videri teneri.
13 Scævola, Digest, Book I. An envoy who was appointed by his native town, having accepted the office, came to Rome; and, before he had discharged his duties, purchased a house in Nicopolis, his own city. The question arose whether he was liable to the Decree of the Senate by which an envoy is prohibited from attending to his private business or affairs before the duties of his office have been performed. The answer was that he did not appear to be liable.
14 Papinianus libro primo responsorum. Vicarius alieni muneris voluntate sua datus ordine suo legationem suscipere non admissa biennii praescriptione cogetur.
14 Papinianus, Opinions, Book I. A substitute, appointed with his own consent to discharge the duties of another, is not entitled to the privilege of exemption for two years, and is compelled to accept the office of envoy.
15 Ulpianus libro septuagensimo quarto ad edictum praetoris. Qui libera legatione abest, non videtur rei publicae causa abesse: hic enim non publici commodi causa, sed sui abest.
15 Ulpianus, On the Edict of the Prætor, Book LXXIV. Anyone who is still absent, after having exercised the functions of an envoy, and been discharged, is not considered to be away on business for the State, for he is not absent for the public benefit, but for his own.
16 Modestinus libro septimo regularum. Is, qui legatione fungitur, libellum sine permissu principis de aliis suis negotiis dare non potest.
16 Modestinus, Rules, Book VII. Anyone who performs the duties of an envoy cannot present a petition relating to his own affairs, or those of others, without permission of the Emperor.
17 Idem libro octavo regularum. Eundem plures legationes suscipere prohibitum non est praeterea, si et sumptus et itineris compendium suadeat. 1Ante legationem susceptam si cui negotium moveatur, etiam absens defendi debet: suscepta legatione non nisi iniuncto munere fungatur.
17 The Same, Rules, Book VIII. The same person is not forbidden to undertake several embassies; above all, where he pays his travelling expenses himself. 1Where suit has been brought against anyone before he assumed the duties of an envoy, he ought to defend it, even if he is absent, but where he has once undertaken such duties, he is not required to do so, unless in the performance of his official functions.
18 Pomponius libro trigensimo septimo ad Quintum Mucium. Si quis legatum hostium pulsasset, contra ius gentium id commissum esse existimatur, quia sancti habentur legati. et ideo si, cum legati apud nos essent gentis alicuius, bellum cum eis indictum sit, responsum est liberos eos manere: id enim iuri gentium convenit esse. itaque eum, qui legatum pulsasset, Quintus Mucius dedi hostibus, quorum erant legati, solitus est respondere. quem hostes si non recepissent, quaesitum est, an civis Romanus maneret: quibusdam existimantibus manere, aliis contra, quia quem semel populus iussisset dedi, ex civitate expulsisse videretur, sicut faceret, cum aqua et igni interdiceret. in qua sententia videtur Publius Mucius fuisse. id autem maxime quaesitum est in Hostilio Mancino, quem Numantini sibi deditum non acceperunt: de quo tamen lex postea lata est, ut esset civis Romanus, et praeturam quoque gessisse dicitur.
18 Pomponius, On Quintus Mucius, Book XXXVII. When anyone strikes the envoy of our enemy, he is considered to be guilty of an act against the Law of Nations, because envoys are considered sacred. Therefore, if any ambassadors of a nation with whom we are at war are with us, it has been established that they are free to remain; for this is in conformity with the Law of Nations. Hence, Quintus Mucius held that anyone who struck an ambassador is usually surrendered to the enemy of whom he was the representative. The question arose, if the enemy did not receive the offender when he was sent to them, whether he would remain a Roman citizen. Some authorities think that he would remain such, and others are of the contrary opinion, because where a people have once ordered anyone to be surrendered he is considered to have been deprived of citizenship, just as is the case where anyone is forbidden fire and water. It seems that Publius Mucius was also of this opinion. This question was thoroughly discussed in the case of Hostilius Mancinus, whom the Numantians would not receive when he was surrendered to them; and, on this account, a law was subsequently enacted to enable him to remain a Roman citizen, and he is said to have even held the office of Prætor.