The Same, Opinions, Book I. The Governor of a province must suppress illegal exactions, including such as are committed with violence, as well as sales and obligations extorted by fear, and those where the money is not paid down. He must also provide against anyone unjustly obtaining profit, or suffering loss. 1The truth is not changed by error, and hence the Governor of a province must follow the course which is suitable by taking into consideration facts which have been proved. 2It is a matter affecting the honor of the Governor of a province to provide that the more humble shall not be injured by the more powerful, and do not persecute the defenders of the innocent by means of false accusations. 3He shall restrain unauthorized parties who, under the pretext of assisting officials, proceed to disturb the people; and take measures to punish them when detected. He must also prevent illegal exactions from being made under the pretence of collecting tribute. 4The Governor of a province must make it his especial care that no one shall be prevented from transacting any lawful business, and that nothing prohibited shall be done, and that no punishment shall be inflicted upon the innocent. 5The Governor of a province must see that persons of limited resources are not treated unjustly by having their only lamp or small supply of furniture taken from them for the use of others, under the pretext of the arrival of officers or soldiers. 6The Government of a province must provide that no partiality shall be shown to soldiers—that is which does not benefit all of them—by certain ones claiming undue advantage for themselves. 7The event of death should not be imputed to a physician, but it is also a fact that he is responsible for anything caused by his lack of skill; for a wrong committed by a person who gives bad advice in a dangerous emergency should not be imputed to human frailty and be considered blameless. 8Those who govern entire provinces have the right to inflict the death penalty, and authority is conferred upon them to condemn delinquents to the mines. 9The Governor of a province who, after having imposed a fine, ascertains that it cannot be collected from the property of the parties whom he has directed to pay it, must relieve them from the necessity of payment, and repress the unlawful avarice of those who demand it. Where, on account of poverty a fine has been remitted by the provincial authorities, it should not be exacted.

The Same, Opinions, Book I. As the Prætor can delegate his entire jurisdiction to one person, he can also delegate it to several, or he can do this with reference to a particular case; and especially where he has a good reason, for example, because he appeared as the advocate of one of the parties before becoming a magistrate.

The Same, Opinions, Book I. A letter by which a party bound himself that a certain person was his co-heir, confers no right of action against parties in possession of the estate. 1If an agreement is made between a debtor and the party who purchased a tract of land held in pledge by the creditor, under the pretext that this was done on behalf of the debtor, so that the profits already obtained might be set off against the debt, and that the balance should be settled, and the tract returned to the debtor; then the heir must carry out the contract made by the deceased. 2An agreement which provides, “But where the creditor has paid any sums for taxes on real property held by him in pledge, he can recover the same from the debtor, and the debtor must pay any taxes due upon the same tract of land”; this is a legal contract and therefore must be observed. 3Where a party was about to bring suit to set aside an inofficious will made by his father, and an agreement was entered into that he should receive a certain sum of money as long as the heir lived, an attempt was made to have this agreement construed as a perpetual obligation; but it was stated in a rescript that a claim of this kind could not be admitted on any ground of law or equity.

The Same, Opinions, Book I. A party brought an action against his guardians with reference to his share of the estate administered under their guardianship, and compromised the case. If, having become an heir of his brother, he brought suit against the same guardians as his brothers’ representative, he will not be barred by their pleading the compromise which was effected. 1Where a compromise of any description is made, it is considered to be restricted to those matters concerning which the parties have agreed among themselves. 2Where a party, being ignorant of all the existing conditions of the case through the deceit of his co-heir, executed an instrument of compromise without the Aquilian stipulation, he is held rather to have been deceived than to have made an agreement. 3Where a son who is not yet informed that he has a right to bring an action to set aside the will of his father, compromises other matters with his adversaries by an agreement; the agreement which he entered into will only prejudice him with reference to such things as it is proved that they were intended to do, even though one party who made the compromise was over twenty-five years of age; for, as far as relates to anything ascertained afterwards for which he was entitled to bring an action, it would be unjust to hold that the transaction extinguished rights which had not yet been considered.

The Same, Opinions, Book I. Where human remains are deposited in a tomb which is said to be unfinished, this does not offer any hindrance to its completion. 1Where, however, the place has already been made religious, the pontiffs should determine to what extent the desire of repairing the structure may be indulged without violating the privileges of religion.

The Same, Opinions, Book I. Where anyone, through mistake, makes provision for payment to a creditor of a larger amount than his share of the estate warrants, he has a right of action for recovery on the ground of a promise made for payment of what was not due.

The Same, Opinions, Book I. A patron, who is also the guardian of his freedman, should carry out his contracts, and if he in any way defrauds the creditors of the ward who is his freedman, the law permits his appointment to be revoked.

Ad Dig. 26,9,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 174, Note 9.Ulpianus, Opinions, Book I. Where a guardian or a curator lends the money of the minor whose affairs he is administering, and he himself makes the stipulation, or purchases land in his own name, an equitable action will be granted to the party to whom the money belongs, for its recovery, or for the collection of the loan.

The Same, Opinions, Book I. Freedmen should not be forbidden by their patrons to transact lawful business.

Ulpianus, Opinions, Book I. The filial affection due to parents should also be manifested by soldiers. Wherefore, if a son, who is a soldier, commits any improper act towards his father, he must be punished in proportion to his offence. 1Filial affection between a mother and a son who have been liberated from slavery together should be maintained in accordance with natural law. 2If a son, by the use of abusive language, should insult his father or his mother, whom it is his duty to respect, or should lay impious hands upon either of them, the Prefect of the City shall punish the crime, which affects public order, in proportion to its gravity. 3A son should be considered as unworthy to be a soldier, who calls his father and his mother, by whom he acknowledges that he has been brought up, malefactors.

The Same, Opinions, Book I. It is proper that security for ratification by the principal should not be required in cases where someone sets forth in a petition presented to the Emperor that he has appointed an agent to act for him in this matter. If, however, security for the payment of the judgment is demanded of the agent, it will be necessary for him to obey the manifest rule of law.

Ulpianus, Opinions, Book I. The vigilance of the Governors of provinces must be diligently exercised to prevent fishermen from showing lights at night in order to deceive sailors, thereby indicating that they are approaching some port, and in this way bringing ships and those on board of them into danger, and preparing for themselves a detestable booty.

The Same, Opinions, Book I. It has been decided that the Governor of a province has jurisdiction of disputes arising with reference to the use of water distributed by new conduits, constructed contrary to law; as well as of those relating to horses possessed by persons who know that they belong to others, as well as to their increase; and to injuries caused by parties, placed in possession of the land of others, when the said land should be divided among several individuals; provided this has been done by the authority of someone who had no right to order it; so that the Governor may render his decision in these cases according to justice and his right of jurisdiction, and place matters in a suitable condition.