Ulpianus, Controversies, Book I. Anyone who is absent, or who does not give his consent cannot be arrogated.

Ulpianus, Controversies, Book I. The Proconsul bears everywhere the insignia of his rank after he leaves the city; but he does not exercise authority except in the province which has been assigned to him.

The Same, Disputations, Book I. Where my agent has accepted a bond for compliance with the judgment, I am entitled to an equitable action on the stipulation, just as one to. enforce judgment is given me. If my agent, by virtue of that stipulation, has brought suit without by consent, nevertheless, a right of action on the stipulation is granted me; hence it follows that my agent can be barred by an exception for bringing suit on the stipulation in the same way that he can when he brings suit on the judgment, where he has not been appointed in a matter in which he is himself interested, or empowered as agent for that very purpose. On the other hand, however, if my agent has given security to comply with the judgment, no action on the stipulation will be granted against me. If the party charged with my defence gives security, an action on the stipulation is not granted against me, because suit cannot be brought against me on the judgment.

The Same, Disputations, Book I. An estimate of damages for fraud is not made by the judge with reference to the interest of the party who brings the suit, but is based upon what he swears to in court; and there is no doubt that even a thief has a right of action on the ground of deposit or loan for use. 1Where anyone is about to bring a suit of one kind and accepts security that the judgment will be complied with, and then brings another kind of a suit; an action cannot be brought on the stipulation, because it seems to have been made with reference to something else.

Ulpianus, Disputations, Book I. Where a son under parental control who was at Rome for the purpose of pursuing his studies made a loan of money which was a part of his travelling expenses; Scævola gave it as his opinion that he could obtain relief by means of extraordinary proceedings.

Ulpianus, Disputations, Book I. Where a ward transacts business with one of his two guardians, and this results in his loss, the transaction will not benefit the other guardian, where both are guilty of fraud; nor is this unreasonable, since each one of them must pay the penalty for his fraudulent conduct. But if one of them, having been sued, should pay the ward what is due to him, this will release the other guardian against whom suit was not brought; for, even though both are guilty of fraud, still, it is sufficient for one of them to make payment; and the same rule applies as where property is loaned to, or deposited with two persons, to whose care it has been entrusted.

Ulpianus, Disputations, Book I. Actions in factum can even be brought by a son who is under paternal control.

Ulpianus, Disputations, Book II. Where rights of action are derived from the suits which an attorney brings, as well as from the stipulations that he desires to introduce, he must give security for ratification. Therefore, when an attorney introduces a stipulation for double damages, he is obliged to furnish security that it will be ratified. If, however, a stipulation against threatened injury is inserted by an agent, he must give security that his principal will ratify it.

The Same, Disputations, Book I. Whenever a son under paternal control is created a decurion, with the consent of his father, the latter is required, as surety for his son, to be responsible for the performance of all the duties pertaining to the office of decurion. The father is considered to have given his consent for his son to become a decurion if, having been present at his nomination, he did not oppose it. Hence, anything that his son does while in office, his father will be responsible for as his surety. 1We should understand the transaction of the business of an office to be the handling of the public funds, or decisions with reference to their expenditure. 2The incumbent will also be liable for any supervisors of work, or of anything else in which the State is interested. 3The father will be liable if the son is appointed his successor. 4He will also be liable if he has farmed out the public taxes. 5If the son has not taken care to appoint guardians, when requested to do so, or if he selects such as are not suitable, or if he does not require security, or accepts a guardian who is not solvent, there is no doubt that he himself will be responsible. The father, however, will still be liable, when sureties are accustomed to be bound under these circumstances. This, however, is not customary, as has been stated in a Rescript; because the sureties only promise that the estate shall be secure, but, so far as pecuniary matters are concerned, the estate is not interested in the appointment of wards. 6He who remains absent a longer time than is authorized by his furlough, or contrary to the terms of the same, can still hold office.

The Same, Disputations, Book I. A decurion who is relegated for a certain time ceases to be one. When he returns, he will not obtain his former position, but he will not always be prohibited from becoming a decurion. He will not be restored to his former position, but another can be chosen in his place; and if the number of his order is complete, he must wait until a vacancy occurs. The case is different with one who is temporarily removed from his order, for he becomes a decurion as soon as the time has expired; still, another can be elected in his place. If he finds that it is occupied, he must wait until there is a vacancy. 1But when he has been restored to his order, the question may arise whether he will have the place which he first had, or the one which he has now obtained, if the duty of rendering decisions as a presiding officer is involved. I think he will have the same position which he formerly occupied. The same rule does not apply to one who was relegated for a certain time, for he enters as the last one in order. 2The question arises as to the children of decurions, whether he only is considered to be the son of a decurion who was conceived and born while his father held the office, or whether he also is to be considered a son who was born before his father became a decurion. And, indeed, so far as the latter is concerned, he cannot be whipped with rods, or sentenced to the mines; nor will he be prejudiced because he was born of a plebeian father, if the honor of the decurionate should afterwards be obtained by the latter. Papinianus rendered the same opinion with reference to a grandfather, and held that a son was not affected if his father was branded with infamy. 3Where, however, a father is expelled from the Order of Decurions, and this was done before the conception of the child, I think that the latter should be considered as the son of a plebeian, so far as any honors are concerned. But if the father should lose his rank after the conception of the child, it would be more indulgent to hold that he should be regarded as the son of the decurion. 4Hence, he who was born after the relegation of his father, provided he was conceived before this took place, is considered to resemble the son of a Senator; however, if it occurred afterwards, the relegation will prejudice him. 5Where the child was born while his father was temporarily excluded from his order, and it had been both conceived and brought forth in the meantime; would he be born the son of a decurion, even though his father should die before being restored to his rank? The benevolent construction is that this would be the case. 6Moreover, if a child was conceived by a plebeian, and afterwards, before its birth, the father obtained the office of decurion, but lost it before the child came into the world, it would be more generous to hold that the intermediate time will be an advantage to him, and that he will be considered as having already been born. 7No crime committed by a father can bring punishment upon an innocent child, and therefore a son will not, for this reason, be excluded from the Order of Decurions, or from any other honor. 8Persons over twenty-five years of age are forbidden by the Imperial Constitutions to be called to the decurionate, without their consent; but if they do consent, they should perform the duties of the office, even if they are more than seventy; although in this instance they cannot be compelled to discharge public employments.

The Same, Disputations, Book I. Where a person vows anything, he is bound by his vow, but the obligation attaches to him who makes the vow, and not to the property; for where anything is vowed and delivered, it releases the person, but the property does not become sacred. 1Sons who have arrived at puberty, and are their own masters, are bound by the vows of their father, for a son under paternal control or a slave cannot bind himself by a vow, without the authority of his father or his master. 2If anyone should vow the tenth of his property, the tenth will not cease to belong to his estate until it has been separated from it; and if the person who vowed the tenth should die before the separation takes place, his heir will be liable for the tenth in the name of the estate. For it is established that an obligation of this kind passes to the heir.