De constitutionibus libri
Ex libro II
Dig. 2,14,37Papirius Iustus libro secundo de constitutionibus. Imperatores Antoninus et Verus rescripserunt debitori rei publicae a curatore permitti pecunias non posse et, cum Philippensibus remissae essent, revocandas.
Papirius Justus, On Imperial Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript, “That a debtor to the Republic could not be released from payment by the curator, and that the release granted to the people of Philippi must be revoked.”
Dig. 39,4,7Papirius Iustus libro secundo de constitutionibus. Imperatores Antoninus et Verus rescripserunt in vectigalibus ipsa praedia, non personas conveniri et ideo possessores etiam praeteriti temporis vectigal solvere debere eoque exemplo actionem, si ignoraverint, habituros. 1Item rescripserunt pupillo remittere se poenam commissi, si intra diem trigensimum vectigal intulisset.
Papirius Justus, On Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript that in the case of the taxes on public lands, the lands themselves, and not the persons holding them, should be made the subject of the action, and therefore that the possessors must pay any tax which was due, even for time which had passed before they obtained possession; and that, in a case of this kind, if they were not aware that any tax was due, they would be entitled to an action. 1It was also stated in the Rescript that a ward would be released from liability to the penalty of confiscation, if he paid the tax within thirty days.
Dig. 42,1,35Papirius Iustus constitutionum libro secundo. Imperatores Antoninus et Verus rescripserunt, quamquam sub obtentu novorum instrumentorum restitui negotia minime oporteat, tamen in negotio publico ex causa permittere se huiusmodi instrumentis uti.
Papirius Justus, Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript that, although it is not necessary to again begin proceedings on the ground of new documentary evidence having been discovered, they will, nevertheless, in matters relating to public business, permit such evidence to be used, if proper cause is shown.
Dig. 50,1,38Papirius Iustus libro secundo de constitutionibus. Imperatores Antoninus et Verus Augusti rescripserunt gratiam se facere iurisiurandi ei, qui iuraverat se ordini non interfuturum et postea duumvir creatus esset. 1Item rescripserunt colonos praediorum fisci muneribus fungi sine damno fisci oportere, idque excutere praesidem adhibito procuratore debere. 2Imperatores Antoninus et Verus rescripserunt ad magistratus officium pertinere exactionem pecuniae legatorum, et si cessaverint, ipsos vel heredes conveneri aut, si solvendo non sint, fideiussores eorum qui pro his caverunt. 3Item rescripserunt mulierem, quamdiu nupta est, incolam eiusdem civitatis videri, cuius maritus eius est, et ibi, unde originem trahit, non cogi muneribus fungi. 4Item rescripserunt patris, qui consulto filium emancipaverat, ne pro magistratu eius caveret, perinde bona teneri atque si fideiussor pro eo extitisset. 5Item rescripserunt, cum quaeritur, an municeps quis sit, ex ipsis etiam rebus probationes sumi oportere: nam solam nominis similitudinem ad confirmandam cuiusque originem satis non esse. 6Imperatores Antoninus et Verus rescripserunt non minus eos, qui compulsi magistratu funguntur, cavere debere, quam qui sponte officium adgnoverunt.
Papirius Justus, On The Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript that a man should be released from his oath who swore that he would not again be present at the meetings of his order, in case he should afterwards be created a duumvir. 1They also stated in a Rescript that the tenants of land belonging to the Treasury must discharge municipal duties without any loss to the Treasury. The Governor, with the assistance of the Procurator of the Treasury, should see to this. 2The Emperors Antoninus and Verus stated in a Rescript that it was the duty of magistrates to collect legacies belonging to their towns, and if they failed to do so, that they, or their heirs, could be sued; and if they were not solvent, their sureties would become responsible for them. 3They also stated in a Rescript that a woman, while married, is a resident of the same town as her husband, and that she could not be compelled to perform any public duties in the place where she was born. 4They also stated in a Rescript that the property of a father who had deliberately emancipated his son in order to avoid being responsible for him as a magistrate would be liable, just as if he had become surety for him. 5They also stated in a Rescript, that when inquiry was made whether someone was a citizen of a certain town, evidence should first be obtained as to any property which he might have there; for the mere resemblance of a name is not sufficient to establish anyone’s birthplace. 6The Emperors Antoninus and Verus stated in a Rescript that those who perform the duties of magistrates under compulsion should give adequate security, just as one who voluntarily accepted the office.
Dig. 50,2,13Papirius 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.
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.
Dig. 50,8,11Papirius Iustus libro secundo de constitutionibus. Imperatores Antoninus et Verus rescripserunt pecuniae, quae apud curatores remansit, usuras exigendas: eius vero, quae a redemptoribus operum exigi non potest, sortis dumtaxat periculum ad curatores pertinere. 1Item rescripserunt operum periculum etiam ad heredes curatorum pertinere. 2Item rescripserunt agros rei publicae retrahere curatorem civitatis debere, licet a bona fide emptoribus possideantur, cum possint ad auctores suos recurrere.
Papirius Justus, On the Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript that interest should be collected on money remaining in the hands of public officials; but that it could not be collected from contractors of public works, and that when the latter were not solvent, officials would only be liable for the principal. 1They also stated in a Rescript that even the heirs of public officials were responsible for any loss sustained with reference to public works. 2They also stated in a Rescript that it was the duty of the magistrate of a city to recover lands belonging to it, even though they were in the possession of bona fide purchasers; above all, when the latter could have recourse to the persons from whom they had obtained them.
Dig. 50,8,12Idem eodem libro. Imperatores Antoninus et Verus rescripserunt operum exactionem sine cautione non oportere committi. 1Item rescripserunt curatores, si neglegenter in distrahendis bonis se gesserint, in simplum teneri, si per fraudem, in duplum: nec ad heredes eorum poenam descendere. 2Item rescripserunt pecuniam ad annonam destinatam distractis rebus curatorem exigere debere. 3Item rescripserunt sitonas indemnes esse oportere, qui non segniter officio suo functi sunt, secundum litteras Hadriani. 4Item rescripserunt a curatore kalendarii cautionem exigi non debere, cum a praeside ex inquisitione eligatur. 5Item rescripserunt curatorem etiam nomine collegae teneri, si intervenire et prohibere eum potuit. 6Item rescripserunt nominum, quae deteriora facta sunt tempore curatoris, periculum ad ipsum pertinere: quia vero antequam curator fieret, idonea non erant, aequum videri periculum ad eum non pertinere.
The Same, In The Same Book. The Emperors Antoninus and Verus stated in a Rescript that contracts for the construction of public works should not be made without security being furnished. 1They also stated in a Rescript that if public officials were negligent in the sale of property, they would be liable for simple damages, but if they had been guilty of fraud, they would be liable for double damages; and that no penalty would pass to their heirs. 2They also stated in a Rescript that a magistrate, after property had been sold, should collect money intended for the purchase of provisions for the people. 3They also stated in a Rescript that officers charged with the purchase of grain would, according to an Epistle of Hadrian, be exempt from liability where they had properly discharged the duties of their office. 4They also stated in a Rescript that security should not be required of the official having charge of the accounts of a municipality, as he had been selected by the Governor after investigation. 5They also stated in. a Rescript that a magistrate will be liable on account of his colleague, if he could have prevented him from acts of maladministration and did not do so. 6They also stated in a Rescript that a magistrate would be liable when the indebtedness of his city was increased during the time of his administration. But if, before he obtained his office, the city was not able to pay its debts, it seems to be just that no responsibility should attach to him.
Dig. 50,8,13Idem libro eodem. Imperatores Antoninus et Verus rescripserunt eum, qui pecuniam publicam magistratus sui tempore et post non pauco tempore detinuerat, usuras etiam praestare debere, nisi si quid adlegare possit, qua ex causa tardius intulisset.
The Same, In The Same Book. The Emperors Antoninus and Verus stated in a Rescript that a magistrate who, during his term of office, and for a long time afterwards, had retained any of the public money in his possession, would be obliged to refund it with the interest, unless he could allege some good reason for not doing so.
Dig. 50,12,13Papirius Iustus libro secundo de constitutionibus. Imperatores Antoninus et Verus Augusti rescripserunt opera exstruere debere eos, qui pro honore polliciti sunt, non pecunias pro his inferre cogi. 1Item rescripserunt condiciones donationibus adpositas, quae in rem publicam fiunt, ita demum ratas esse, si utilitatis publicae interest: quod si damnosae sint, observari non debere. et ideo non observandum, quod defunctus certa summa legata vetuit vectigal exerceri. esse enim tolerabilia, quae vetus consuetudo comprobat.
Papirius Justus, On the Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript that those who had promised to construct public works in consideration of honors to be conferred could be compelled to construct them, but not to furnish the money for that purpose. 1They also stated in a Rescript that conditions imposed upon donations to be made to a city, should only be complied with when the public welfare demanded it, and that they should not be observed if they were injurious. Therefore, where a deceased person bequeathed a certain sum of money, and, in doing so, forbade the levy of a certain tax, this condition should not be observed, for what ancient custom has established is preferable.