Papinianus, Opinions, Book I. The Deputy of the Emperor, that is to say the Governor, or the highest official of a province, does not lose his authority by relinquishing his office.

Papinianus, Opinions, Book I. A citizen of the Republic is not prohibited from acting as assessor in the court of a public official of his own town, because he does not receive a public salary.

Papinianus, Opinions, Book I. Where a freedman is accused by his patron, and he, being ready to defend himself, has frequently urged the Governor of the province to hear his case; it is not considered that, by so doing, he has summoned his patron who accused him.

The Same, Opinions, Book I. A contract stated as follows: “I acknowledge that you are not bound”, is not limited to the person, but, since it is general, it will apply to heirs as well as litigants. 1Where a party who appeared entered into an agreement that, within a certain time, he would satisfy the judgment, if the sum which he agreed to pay by way of compromise was not paid within the time; the appellate judge, without reference to the principal point at issue, shall act upon this as a lawful agreement, just as if the party had admitted his liability. 2After the division of an estate and of its liabilities, where the different creditors have accepted interest from the separate co-heirs for the entire amount of the indebtedness, without any assignment of liabilities, as had been agreed upon; the right of action possessed by the creditors against each heir for his respective share shall not be interfered with, unless the heirs do not offer to pay the entire indebtedness to them, in compliance with the terms of the settlement. 3A father who promised a dowry to his daughter and agreed: “That if she should die after him without leaving any children, a portion of the dowry shall belong to her brother, who will be her heir”. If her father should afterwards have children, and make them heirs by his will, this agreement will give rise to an exception on the ground of fraud, since it was understood between the contracting parties that the heir should be provided for; and, at that time, when the father had no children, he appeared to express his last wishes for the benefit of the brother.

The Same, Opinions, Book I. A who is forbidden to appear in behalf of another for a reason which does not imply infamy, and therefore is not deprived of the right of appearing for every one, is only legally excluded from appearing for others in the province over which the Governor who imposed the sentence has jurisdiction; and he is not forbidden to do so in any other, even though it may have the same name.

Papinianus, Opinions, Book I. A party to whom the following words of a sentence of the Governor of a province were addressed, namely: “You seem to have been the instigator of an accusation by means of a crafty device”; is held to rather cover him with shame than to brand him with ignominy, for he who urges anyone does not perform the functions of a mandator.

The Same, Opinions, Book I. An ædile, who has had judgment rendered against him because he distributed a smaller supply of provisions during his term of office than he should have done, cannot be held to be a debtor for money spent for grain; he will therefore be entitled to set-off.

The Same, Opinions, Book I. An agent who does not appropriate property which is locked up, but fails to return after it has been delivered to him, is liable to an action of mandate, but not to one of theft.

Papinianus, Opinions, Book I. Where provision for support is left to a freedman along with several others, he will not cease to be entitled to it because he has obtained from the Emperor the right to wear a gold ring. 1A different opinion prevails in the case of a freedman who has been judicially declared to be freeborn, and has been returned to his former condition through the collusion of another patron, which has been exposed, and who desires to obtain for himself the support that the third patron relinquished; for, in this instance, it has been established that the freedman will forfeit the right to wear a gold ring.

The Same, Opinions, Book I. Anyone who steals money belonging to a municipality or a city is liable to an action for theft, and not for the crime of peculation.

Papinianus, Opinions, Book I. The action of Stellionatus is not included in public prosecutions or in private actions.

Tine Same, Opinions, Book I. It is not necessary to grant a prætorian action against the colleague of the appointed magistrate.

The Same, Opinions, Book I. He who has been removed from the Order of Decurions for a certain time, and afterwards restored, cannot be admitted to new honors as a person who has been relegated for the time that he was deprived of his rank. It has been decided in both these instances that it must be ascertained whether the parties who have been convicted of an offence deserved a sentence of this kind; for if they received a more severe one than they should have done, or have been branded with infamy, they ought afterwards to be liberated, and the matter be considered as disposed of. When, however, they have been subjected to a less severe penalty than that legally prescribed, they will, nevertheless, be included among persons who are infamous; as a question of fact depends upon the decision of the judge, but the authority of the law does not. 1When anyone appoints a successor to himself, and the latter is solvent when his term of office expires, it is not necessary for an action to be granted. 2Where lands are transferred by means of a secret trust, for the purpose of defrauding public claims, they can be demanded by the Treasury; and the purchaser of the property fraudulently sold will be forced to pay as much again out of his own pocket. 3The right of birth is not altered by adoption, so far as the discharge of official duties and the acceptance of public employment are concerned, for a son can be compelled by his adoptive father to accept a new employment.

Papinianus, Opinions, Book I. A freedman is not excused from civil employment on account of services due to his patron, for it makes no difference whether he renders his services or performs his duties to his patron, or not. 1The freedmen of Senators, however, who transact the business of their patrons, are excused from guardianship by a Decree of the Senate. 2A father consented for his son to be appointed decurion. The government should sue the son personally rather than that the father should have an action brought against him as security for his son; for it does not make any difference whether the son had a castrense peculium before he served in the army or afterwards. 3The prescription of time required in order again to seek office, or to obtain other public employment, applies to some municipalities, but not to others. 4Public employments cannot be administered by the same person at the same time in two different cities. Therefore, where two offices are tendered at the same time, the place of one’s birth should be preferred. 5The sole ground of possession is not sufficient to impose civil duties upon the possessor, unless this privilege was especially granted to the city. 6Persons who have returned to their country under the right of postliminium are obliged to accept public employment, even though they reside in another town. 7The collection of taxes is not included among base employments, and it is therefore committed to decurions. 8He who has been manumitted under the terms of a trust, in the matter of civil employments, follows the origin of the person who manumitted him, and not that of him who left him his freedom. 9It was decided by the Divine Pius that a child born in an adopted family followed the origin of his natural grandfather in the discharge of civil employments; just as where a son was given in adoption, unless there was some suspicion of fraud attaching to the proceeding. 10The mistake of him who, thinking that he is a citizen of a town, or the inhabitant of a colony, agrees to accept civil employment, does not exclude him from making a legal defence. 11The removal of the domicile of a father to another town does not compel his son to accept public employment in that town, when the cause for the change of the father’s domicile is temporary. 12Where accusations of a capital crime are brought against persons nominated for office, they cannot be admitted to any new employments before their cases have been disposed of, but, in the meantime, they will retain their former rank. 13The mere possession of a house in another town does not create a domicile. 14The responsibility entailed by the nomination of a successor does not bind the surety of the person who makes it. 15Sureties who have become responsible for public property, and who nominate magistrates at their own risk, are not liable to any penal actions which may be brought against those for whom they have become bound; for it is enough that they should have promised to make good any damage sustained by the government.

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.

The Same, Opinions, Book I. When a person is appointed to municipal honors, neither the age of seventy years, nor the fact that he is the father of five children, can be advanced as an excuse. Our Great Emperor Severus decreed that in Asia, men who had five children could not be compelled to assume the sacerdotal duties of the province, and he afterwards decided that this rule should be observed in the other provinces. 1It is settled that no other farmers of the revenue except those who are engaged in that occupation at the time can be excused from civil employments and guardianships. 2The privileges of exemption do not apply to the children of veterans. 3Those who have obtained exemption from public employments are not compelled to pay contributions unexpectedly imposed upon them by magistrates, but they cannot avoid paying those which are imposed by law. 4It has been decided that philosophers, who frequently and usefully employ their time for the benefit of those who are pursuing the studies of their school, are excused from guardianships and other employments requiring corporeal exertion, but they are not excused from those which involve the payment of expenses; for true philosophers despise money, and expose the false statements of the philosophical impostors who are desirous of having it. 5Anyone who has appealed to the Emperor, and goes to Rome with the intention of conducting his own lawsuit, is excused from municipal honors and employments until his case has been decided.

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.

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.

Papinianus, Opinions, Book I. Where certain officials, who held office together, divided money among themselves which had been paid to them all in a single sum, it was decided that they could not be released from responsibility by paying the amount which each had respectively received. Ulpianus, however, who transacted the business, should be first sued, as in the case of guardians.

The Same, In The Same Book. The magistrate of a city leased public land for five years without requiring good security. The tenant, having remained a longer time than the five years, left a balance due to the Treasury, and as the proceeds of the crops of the land could not be obtained, the successor of the person who leased the land was held responsible. The same rule was long since decided not to apply to taxes, as those who farm them are only liable during their term of office. 1An action should not be refused against anyone after his retirement from office who, during his term, became responsible through novation to the creditors of the State. The case of one who agreed to pay is, however, different, for he is considered to resemble a person who either publicly sold or leased property. 2A son cannot be required to be responsible for his father, who has been created a magistrate, even if his father emancipated him before he was appointed to office, or where he has transferred to him a portion of his property as a donation. 3When a surety who appeared for a magistrate has also given pledges, the pledges are considered to have been furnished in order that suit may properly be brought; that is to say, after nothing can be recovered from him for whom he became liable.