Ad Dig. 1,3,34Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 17, Note 1.The Same, Book IV. When anyone seems to be confident concerning the custom of a city or province, I think it should first be determined whether that custom has been confirmed by a judicial decree after it had been disputed.

Ulpianus, On the Duties of Proconsul, Book IV. It was stated in a Rescript addresed to Julius Sossianus, a veteran, that veterans are not exempt from contributing to the repair of highways, for it is clear that they are not excused from paying taxes on their property. 1It is stated in a Rescript addressed to Sillius Firmus and Antoninus Clarus that requisitions can be made for their ships.

Ulpianus, On the Duties of Proconsul, Book IV. The following was stated in a Rescript of the Divine Brothers addressed to Rutilius Luppus: “The Constitution by which it is provided that anyone who has been created a decurion can obtain the office of magistrate should be observed, whenever the parties concerned are solvent and properly qualified. Where, however, they are of such inferior rank and slender resources that they are not only unsuited to the enjoyment of public honors, but are also scarcely able to support themselves, it is both useless and dishonorable for such persons to be charged with the office of magistrate, especially when there are others who can be appointed, and who, by their fortunes and their rank, are suited to the position. Therefore, let all who are wealthy know that they should not avail themselves of this provision of the law, and that when anyone is to be chosen in an assembly, inquiry should be made among those who are present for persons who, by reason of their means, are capable of assuming the dignity of the office.” 1It is certain that public debtors cannot be raised to municipal honors, unless they first pay what they owe to the city. We should understand such debtors to be those in whose hands a balance remains from the administration of public business. When, however, they are not debtors of this description, but have borrowed money from the city they are not in a position to be excluded from municipal honors. It is evident that it will be sufficient if, instead of payment, they make provision for it by means of pledges or solvent sureties. This was stated by the Divine Brothers in a Rescript addressed to Aufidius Herennianus. Where they are indebted merely under a promise which cannot be refused, they are in such a position that they must be excluded from municipal honors. 2Where anyone, though guilty of an offence, has not been accused, he should not be excluded from public office any more than if he had an accuser who withdrew from the prosecution; for Our Emperor with his Divine Father stated this in a Rescript. 3It must be noted that certain employments are either personal or patrimonial, just as certain honors are. 4Employments which have reference to patrimonies, or the payment of taxes, are of such a nature that neither age nor the number of children, nor any other privilege which usually exempts persons from personal employments, will be a valid excuse for declining them. 5These employments which have reference to patrimonies are of a double nature, for some of them are enjoined upon possessors, whether they are citizens or not; and others are enjoined upon the residents or citizens of a town. Taxes imposed upon lands or buildings have reference to the possessors of the same, but patrimonial employments only concern municipalities or their inhabitants.

The Same, On the Duties of Proconsul, Book IV. Where persons are obliged to discharge the duties of public employment or office, under a certain condition, when they could not otherwise be compelled to do so against their consent, good faith must be observed by them, and the condition under which they agreed to devote themselves to the exercise of the said employments or office must be complied with.

The Same, In The Same Book. It was stated in a Rescript addressed to Benidius Rufus, Governor of Cilicia, that minors under the age of puberty should not be admitted to hold office, even if the scarcity of eligible persons appeared to render this necessary.

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.”