1Ulpianus, On the Duties of the Chief Magistrate of a City. If anyone should promise to construct a public work, or donate money for that purpose, he cannot be sued for interest. If, however, he delays, interest will accrue, as our Emperor with his Divine Father stated in a Rescript. 1It must be noted that anyone who makes a promise is not always obliged to carry it into effect. Where, however, he promises in consideration of an honor already granted to him by a decree, or which is to be granted hereafter, or for some other good reason, he will be bound by his promise. But if he made the promise without any cause, he will not be liable, as is stated in many Constitutions both old and new. 2Likewise, when anyone makes a promise without any consideration, and begins to carry it out, he will be liable. 3We understand a person to begin to carry out his promise in the case of the construction of a building, where he lays the foundation, or clears the ground. Where, however, the land has been transferred to him for this purpose at his request, the better opinion is that he should be held to have begun the work. The same rule will apply if he has made preparations, or spent money in a public place. 4If, however, he himself did not begin the work, but promised a certain sum of money for its construction, he commences the undertaking by the payment of the money, and he will be liable just as if the work had been begun. 5Finally, when anyone promises columns for a public work, our Emperor, with his Divine Father, made the following statement in a Rescript: “Anyone who promises a sum of money to the State without any reason is not compelled to perfect his liberality. Where, however, you promised some columns to the people of Citium, and on this account, the work was begun at the expense of the city, or of private persons, what has been done cannot be abandoned.” 6Our Emperor stated in a Rescript that when anyone entrusts another to complete a work, and any damage then results to it through accident, the person who constructed it will be responsible.

2The 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.

3The Same, Disputations, Book IV. An agreement arises from the consent of two persons, in the same manner as a contract. A promise, however, only requires the consent of the individual making the offer; and therefore it has been established that if a promise is made in consideration of some honor to be conferred, it can be collected as a debt. When, however, the work has been begun, it has been decided that the promisor will be compelled to complete it, even if he did not promise it in consideration of some honor to be conferred. 1If anyone who has delivered property to a city in compliance with his promise desires to reclaim it, his request should be barred; for it is perfectly just that voluntary gifts of this kind bestowed upon cities should not be revoked by merely changing one’s mind. Where, however, a municipality has ceased to possess property obtained under such circumstances, an action should be granted to it.

4Marcianus, Institutes, Book III. If anyone should make a promise on account of loss by fire, or an earthquake, or any other damage sustained by a city, he will be liable.

5Ulpianus, Opinions, Book I. Answered Charidemus as follows: “Anyone who, while absent, promises by letter that something shall be done for a city, will be compelled to comply with his promise.”

6The Same, On the Duties of Proconsul, Book V. Whenever the value of a promise is diminished on account of an heir, this can only occur where it was not made in consideration of an honor to be bestowed. Where, however, it is made in consideration of some honor, it is deemed to be a debt, and is not diminished, so far as the heir, personally, is concerned. 1Ad Dig. 50,12,6,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 304, Note 8.If anyone promises a sum of money in consideration of the bestowal of an honor, and begins to pay it, Our Emperor Antoninus stated in a Rescript that he owed the entire amount just as if the work had been begun. 2It must be remembered that not only males, but also females, must fulfill their promises when they agree to give or do anything in consideration of honors to be conferred. This is included in the Rescript of Our Emperor and his Divine Father. 3If the City should require anyone who has not promised to do so to erect statues of the Emperor in some public place, he will not be compelled to obey, as is stated in a Rescript of Our Emperor and his Divine Father.

7Paulus, On the Duties of Proconsul, Book I. Where anyone has promised to do something for a city on account of some accident which has happened to it, the Divine Severus stated in a Rescript to Dio that even if he did not begin it, he would still be liable.

8The Same, On the Duties of Proconsul, Book III. The Divine Brothers made the following statement in a Rescript with reference to promises made to cities of which judges should take cognizance: “Statius Rufinus promised that he would finish a theatre in the City of Gabinia, which he already had begun. For although he had suffered misfortune, and had been relegated by the Urban Prefect for the term of three years; still he should not diminish the favor of the gift which he had voluntarily offered, as, even though he was absent, the work could be completed by a friend. If, however, he should fail to do so, the regular authorities who had the legal right to act in behalf of the city could bring suit against him in its name. The judges must examine the case as soon as possible, before Statius Rufinus went into exile, and if they should determine that the work ought to be completed by him, they shall order him to fulfil the promise made to the city, or forbid the land which he has in the territory of the City of Gabinia to be sold.”

9Ad Dig. 50,12,9Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 304, Note 8.Modestinus, Differences, Book IV. When anyone has made a promise to a city, in consideration of some honor to be conferred upon him, he will be liable under all circumstances for the entire amount, and his heir as well, on account of the promise which was made. This, indeed, applies to a work begun on account of a promise, and where the property of the party in question was not sufficient to comply with it, the Divine Severus and Antoninus stated in a Rescript that, in this instance, a foreign heir would be liable to a fifth part of the estate of the deceased, or his children to one-tenth. The Divine Pius, however, decided that where the donor was impoverished by the promise which he had made, and the work had been begun, a fifth part of his property would be liable.

10The Same, Opinions, Book I. Septicia promised a certain sum of money to her native city for the celebration of public games, under the condition that the principal should remain in her hands, and that she herself should give half of the interest as reward to the contestants, in the following terms: “I give and set apart thirty thousand aurei as principal to be devoted to the games every four years, I myself retaining the said amount in my hands, and furnishing security to the decurions to pay the interest, at the ordinary rate, on said principal of thirty thousand aurei; under the condition that the games shall be presided over by my future husband and the children who may be born to me. The said interest shall be expended in prizes to be awarded to the competitors whom the judges may decide to have excelled in each contest.” I ask whether the children of Septicia would suffer any injustice if they should not preside at these contests, in accordance with the terms and the condition of the promise. Herennius Modestinus answered that in case the institution of the public games was permitted, the condition imposed by the promise must be complied with.

11The Same, Pandects, Book IX. When anyone promises a sum of money in consideration of obtaining a magisterial honor or a sacerdotal office, and, before he obtains the honor or enters upon the duties of the office, he dies, his heirs should not be sued for the money which he promised in consideration of the said honor or magistracy. This was provided by the Imperial Constitutions, unless, during his lifetime, the work had been begun either by the person himself, or by the city.

12The Same, Pandects, Book XI. It is stated in a Rescript of the Divine Severus that we cannot erect statues to others upon public works constructed by private individuals, against the consent of the latter. 1The Divine Antoninus stated in a Rescript that where anyone has promised a work in order to avoid performing the duties of an office, he can be compelled to perform its duties instead of constructing the work.

13Papirius 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.

14Ad Dig. 50,12,14Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 304, Note 8.Pomponius, Epistles and Various Passages, Book VI. When anyone, in consideration of an honor to be conferred upon him, or upon someone else, promises that he will construct a public work in a certain city, he, as well as his heir, will be bound by a Constitution of the Divine Trajan to complete it. If anyone, in consideration of an honor to be conferred, should promise that he will construct some work, and begins it and dies before completing it, and leaves a foreign heir, the latter will either be compelled to complete the work, or, if he prefers to do so, he can set aside the fifth part of the estate which was left to him, for the purpose of furnishing it, and transfer it to the city in which the work has been begun. Where, however, the heir is one of the children, he will be required to contribute, not the fifth, but the tenth part of the estate. This was decided by the Divine Antoninus.

15Ulpianus, On the Duties of the Chief Magistrate of a City. The Divine Pius stated in a Rescript that a grandson by a daughter of the testator was also included among his children.