Responsorum libri
Ex libro I
Dig. 1,7,35Idem libro primo responsorum. Per adoptionem dignitas non minuitur, sed augetur. unde senator etsi a plebeio adoptatus est, manet senator: similiter manet et senatoris filius.
Dig. 48,19,43Paulus libro primo responsorum. Imperator Antoninus Aurelio Atiliano rescripsit: ‘Praeses ultra administrationis suae tempus interdicere alicui arte sua uti non potest’. 1Idem respondit eum, qui suo admisso decurionum honorem amisit, non posse in poenis evitandis decurionis filii honorem vindicare.
Paulus, Opinions, Book I. The Emperor Antoninus stated in a Rescript addressed to Aurelius Atilianus: “A Governor cannot forbid anyone the use of his trade for a longer time than that included in his administration.” 1He also said that, “Anyone who, by the commission of some offence, has lost the honor of being a decurion, cannot claim the privileges of the son of a decurion in order to escape the infliction of a penalty.”
Dig. 50,1,21Idem libro primo responsorum. Lucius Titius cum esset in patris potestate, a magistratibus inter ceteros frumento comparando invito patre curator constitutus est: cui rei Lucius Titius neque consensit neque pecuniam accepit neque in eam cavit aut se comparationibus cum ceteris miscuit: et post mortem patris in reliqua collegarum interpellari coepit. quaeritur, an ex ea causa teneri possit. Paulus respondit eum, qui iniunctum munus a magistratibus suscipere supersedit, posse conveniri eo nomine propter damnum rei publicae, quamvis eo tempore, quo creatus est, in aliena fuerit potestate. 1Paulus respondit eos, qui pro aliis non ex contractu, sed ex officio quod administraverint conveniuntur, in damnum sortis substitui solere, non etiam in usuras. 2Idem respondit heredes patris propter munera filii, quae post mortem patris suscepit, iure conveniri non posse. hoc responsum et ad eum pertinet, qui a patre decurio factus post mortem patris munera suscepit. 3Idem respondit eum, qui decurionem adoptavit, onera decurionatus eius suscepisse videri exemplo patris, cuius voluntate filius decurio factus est. 4Idem respondit constante matrimonio dotem in bonis mariti esse: sed et si ad munera municipalia a certo modo substantiae vocentur, dotem non debere computari. 5Idem respondit, si per accusatorem criminum capitalium non stetisset, quo minus crimen intra statutum tempus persequeretur, reum non debuisse medio tempore honorem appetere. 6‘Imperatores Severus et Antoninus Augusti septimio Zenoni. pro infante filio, quem decurionem esse voluisti, quamquam fidem tuam in posterum adstrinxeris, tamen interim onera sustinere non cogeris, cum ad ea, quae mandari possunt, voluntatem dedisse videaris’. 7Idem respondit, si civitas nullam propriam legem habet de adiectionibus admittendis, non posse recedi a locatione vel venditione praediorum publicorum iam perfecta: tempora enim adiectionibus praestituta ad causas fisci pertinent.
The Same, Opinions, Book I. Lucius Titius, while under the control of his father, was appointed by the magistrates, along with certain others, a curator for the purchase of grain, against the consent of his father. Lucius Titius did not agree to accept the office, and did not receive any money on this acount, nor did he, in any way, take part with the other officials in making the purchase; and, after the death of his father, he was called to account for a balance due from his colleagues. The question arose, could he be held liable on this account? Paulus answered that, although he refused to accept the office to which he had been appointed by the magistrates, he could be sued on account of the damage sustained by the State, even if at the time when he was appointed he was subject to the authority of another. 1Paulus gave it as his opinion that those against whom an action is brought, not by reason of a contract but on account of some public employment which they have discharged for others, are usually liable for loss of any of the principal, but are not liable for interest. 2He also held that the heirs of a father cannot legally be sued on account of an office which his son accepted after the death of his father. This opinion has reference to one who was appointed decurion by his father, and after the death of the latter continued to perform the duties of the office. 3He also gave it as his opinion that one who had adopted a decurion was considered to have assumed all the responsibilities of the decurionate, as in the case of a father whose son was appointed decurion with his consent. 4He also gave it as his opinion that a dowry was included in the property of the husband during the marriage. If, however, he should be called to undertake municipal duties, in proportion to his means, the dowry should not be considered part of his property. 5He also gave it as his opinion that if the accuser of a capital offence was not to blame because the charge was not prosecuted within the time prescribed by law, the defendant should not, in the meantime, solicit any public employment. 6“The Emperors Severus and Antoninus, to Septimius Zeno. While you have consented for your son, who is still under legal age, to become a decurion, and although you have afterwards pledged your faith for him, still, in the meantime, you cannot be compelled to assume any responsibility, as you do not appear to have given your consent to an appointment which can legally be made.” 7He also gave it as his opinion that if a State did not enjoy any special privilege with reference to receiving additions to its territory, it could not withdraw from a lease or a sale of public lands which already had been perfected; for the time regulating such additions is prescribed by the Treasury.
Dig. 50,5,9Paulus libro primo responsorum. Eos, qui Romae profitentur, proinde in patria sua excusari muneribus oportere, ac si in patria sua profiterentur. 1Paulus respondit privilegium frumentariis negotiatoribus concessum etiam ad honores excusandos pertinere.
Dig. 50,7,9Paulus 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.
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.