Callistratus, On Judicial Inquiries, Book I. Generally speaking, whenever the Emperor issues a Rescript referring any matter to the Governor of a province, as for instance, when he says: “You can apply to him who presides over the province,” or with this addition, “He will consider what his duty requires”, no obligation is imposed upon the Proconsul or his Deputy to take cognizance of the case; but even where the words “He will consider what his duty requires” are not added, he must make up his mind whether he will hear it himself or appoint a judge to do so.

Callistratus, On Judicial Inquiries, Book I. He who administers justice must be careful to be easy of access, but not permit anyone to treat him disrespectfully, for which reason it is stated in their directions: “That the Governors of provinces must not admit provincials to great familiarity with them”; for contempt of rank arises from equality of intercourse. 1But, in the trial of cases, it is not proper for an official to become inflamed against those of whom he thinks ill, or be moved to tears by the supplications of the unfortunate; for it is not the part of a resolute and upright judge to let his countenance disclose the emotions of his mind. In a word, he should so administer justice as to increase the authority of his rank by the force of his mental qualities.

Callistratus, Judicial Inquiries, Book I. Nor can those who are attending a funeral be summoned, which appears to be established by a Rescript of the Divine Brothers.

Callistratus, Inquiries, Book I. Sometimes hearings are postponed for good reasons and on account of certain parties; as, for instance, where documents relating to a case are said to be in possession of persons who will be absent on public business. Therefore the Divine Brothers stated the following in a Rescript: “Humanity demands that postponement should be granted on account of accidental misfortunes; for example, where a father who was a party to the case has lost his son, or his daughter; or a wife her husband; or a son his parent; and in similar cases the hearing should be postponed for a reasonable time.” 1Where a Senator voluntarily undertakes to attend to the affairs of another in a province, he can not refuse to defend an action on the ground of business transacted; and Julianus says that he must defend the action, since he voluntarily assumed this obligation.

Callistratus, On Judicial Inquiries, Book I. The crime or the punishment of a father can place no stigma upon his son; for each one is subjected to fate in accordance with his conduct, and no one. is appointed the successor of the crime of another. This was stated by the Divine Brothers in a Rescript addressed to the people of Hierapolis.

Callistratus, On Judicial Inquiries, Book I. The Governors of provinces have jurisdiction over all the inhabitants which any towns claim as their own; but still, where anyone denies that he is a resident, he must bring suit before the Governor of the province in whose jurisdiction the town, by which he is called to discharge a public employment, is situated, and not before the Governor of the one where he himself alleges that he was born. This the Divine Hadrian stated in a Rescript with reference to a woman who married in another place than the one in which she was born. 1It has been decided that freedmen can hold public office where their patron is, or where they themselves have their domicile. 2It should be remembered that women who form an illegal connection with men can only discharge public duties where they themselves have been born, and not where their husbands are. This the Divine Brothers stated in a Rescript.

Callistratus, Judicial Inquiries, Book I. Not only those who are of tender years but also aged persons are forbidden to become decurions. The former are, as it were, unable to protect the interests of the State, and are temporarily excused, but the latter are perpetually excluded; still, persons of advanced age should not be excused except for good reasons, lest those who are younger, through their elders not having been chosen, will be left alone to sustain all the public responsibilities of government; for minors under twenty-five years of age cannot be created decurions unless for some good cause, nor are those eligible who have passed their fifty-fifth year. Sometimes, long-established custom should be considered in this matter; for our Emperors, having been consulted by the people of Nicomedia as to whether persons of that age could be elected to the order, stated in a Rescript that this could be done.

Callistratus, Judicial Inquiries, Book I. Municipal honor is the administration of public affairs, with the title of the office, whether the payment of expenses is required or not. 1An employment is either public or private. A public employment is one in which we undertake to administer public affairs, with the payment of expenses, and without the title of dignity. 2The collection of expenses for repairing the highways and of taxes on land are not personal, but local employments. 3When a question arises with reference to municipal honors and the administration of public employments, the person upon whom the honor or the employment is conferred must be taken into consideration, together with the origin of his birth, and whether his means are sufficient to enable him to administer the employment entrusted to him; and also the law, in accordance with which every one should discharge his official duties. 4A plebeian son under paternal control holds his office at the risk of the person who nominated him. Our Emperor, Severus, stated the following on this point in a Rescript: “If your son is a plebeian, you should not be compelled, against your will, to be responsible for his administration of the magistracy, because you cannot exercise your right of paternal authority to resist his appointment, but his administration will be at the risk of him who nominated him.” 5The power of administering a public office is not a promiscuous one, but a certain order should be observed; for no one can discharge the higher functions of the magistracy before having discharged those of a lower degree, nor can anyone continue to perform the duties of a public office at any age. 6It is provided by many Imperial Constitutions that, where there are no others to hold the office, those who had it previously can be compelled to continue to administer it. The Divine Hadrian stated in a Rescript with reference to continuance in office: “If there are no others who are competent to perform the duties of the office, I consent that they shall be chosen from those who already have performed them.”

Callistratus, On Judicial Inquiries, Book I. Old age has always been greatly venerated in our City. For our ancestors treated old men with almost the same reverence as magistrates, and the same honor was granted to old age with reference to municipal obligations which were required to be performed. Anyone, however, who became rich in his old age, and had not previously exercised the functions of any public employment, cannot be said to be exempt from such a charge by the privilege of his years, and especially if the administration of the office imposed upon him does not require corporeal exertion as much as the payment of money, because it is not easy to find men enough properly qualified in the City to discharge public duties. 1It is also necessary to take into consideration the custom of every place, and see whether any immunities are expressly granted, and also whether anything is mentioned with reference to the number of years required to obtain them. This can also be ascertained from the Rescripts of the Divine Pius, which he sent to Ennius, Proconsul of the Province of Africa. 2It is clearly and plainly stated, according to Rescripts of the Divine Ælius Pertinax, that the number of children affords a valid excuse from municipal employments; for he stated the following in a Rescript addressed to Julius Candidus: “Although the number of children does not exempt a father from all public employments, still because you have notified me in your petition that you have sixteen, it is not unreasonable for us to grant you exemption from public office, to enable you to bring up your children.” 3Traders, who assist in furnishing provisions to a city, as well as sailors who also provide for its necessities, will obtain exemption from public office, as long as they continue to do this; for it very properly has been decided that the risks which they incur should be suitably recompensed, so that those who perform such public duties outside of their own country with risk and labor should be exempt from annoyances and expenses at home; as it may not incorrectly be said that even they are absent on business for the government when they are employed in collecting provisions for a city. 4A certain specific character is given to the immunity bestowed upon the owners of vessels, which immunity they alone are entitled to; for it is not conferred either upon their children or their freedmen. This is set forth in the Imperial Constitutions. 5The Divine Hadrian stated in a Rescript that only those ship owners should be entitled to immunity who provided subsistence for the City. 6Although anyone may belong to the association of ship owners, if he has neither a ship nor vessels, nor anything else which is provided for by the Imperial Constitutions, he cannot avail himself of the privilege granted to ship owners; and the Divine Brothers stated the following in a Rescript: “Where there are any persons who claim that they are immune from public employments, under the pretext of transporting grain and oil by sea, for the benefit of the Roman people, and they are not engaged in maritime traffic, and have not the greater portion of their property invested in maritime business and commodities, they shall be deprived of the immunity which they enjoy.” 7It must be said with reference to the. following exemptions that where anyone was called to municipal employments before he engaged in commerce, and before he was admitted to an association formed by those engaged in the same pursuit (for the reason that he obtained immunity), whether before he became seventy years of age and publicly stated the fact, or had the requisite number of children, he should be compelled to assume the duties of the office to which he was appointed. 8Maritime commerce is prosecuted for the purpose of increasing one’s property, otherwise, if anyone should carry it on with the greater part of his money, and he, having become still more wealthy, should continue to transact the same volume of business, he will be liable to public service, just as wealthy persons who having purchased ships for a small sum attempt to evade the duties of municipal office. It is stated in a Rescript of the Divine Hadrian that this rule should be observed. 9The Divine Pius stated in a Rescript that, whenever a question arose as to whether anyone belonged to the association of ship owners, it should be ascertained whether he had assumed the character of one for the purpose of avoiding public employment. 10Farmers of the revenue, also, are not reduced to the necessity of exercising municipal employments. The Divine Brothers stated in a Rescript that this rule should be observed. From this Imperial Rescript it can be understood that it is not granted as a privilege to farmers of the revenue, that they should not be compelled to exercise municipal employments; but to prevent their property, which is already bound to the Treasury, from being subjected to further liability. Wherefore, it may be doubted if they should voluntarily offer to accept public office, whether they should be prevented from doing so by the Governor of the province, or by the Manager of the Imperial Revenues. The latter opinion is the more easy to maintain, unless they are said to be ready to settle their accounts with the Treasury. 11Farmers of the Imperial demesnes are exempt from municipal employments in order that they may be better adapted to the cultivation of the land belonging to the Treasury. 12Immunity is conceded to certain associations or corporate bodies, to which the right of assembly has been granted by law; that is to say, to associations or corporate bodies to which each person is admitted on account of his occupation, as, for instance, the Society of Artisans, provided they have the same origin; for instance, if they have been organized in order to perform labor necessary for the public welfare. Immunity is not indiscriminately granted to all those who are admitted to these associations, but only to artisans, for it was decided by the Divine Pius that persons of every age could not be chosen; and he disapproved of the admission of those of an advanced or decrepit age. And, in order that individuals who had become wealthy might not avoid the responsibility attaching to civil office, it was decided in many places that persons could avail themselves of the privileges which had been granted by such associations to anyone in reduced circumstances. 13I have been informed that when persons who have been elected to membership in corporate bodies, which afford immunity to their members, as, for instance, that of ship owners, obtain the honor of the decurionate, they should be compelled to exercise public employments. This seems to be confirmed by a Rescript of the Divine Pertinax.

Callistratus, On Judicial Inquiries, Book I. The number of judicial inquiries is derived from various sources, and cannot easily be divided into different kinds, unless this is done cursorily. Hence the number of judicial inquiries is generally divided into four kinds; for they usually have reference to the administration of offices or employments; or to disputes concerning pecuniary matters; or inquiry is made concerning someone’s reputation; or a capital crime is investigated. 1Reputation is the condition of unimpaired dignity approved by law and custom, which is either diminished or destroyed by legal authority on account of some offence which we have committed. 2Reputation is impaired whenever we, while retaining our liberty, are punished by a penalty affecting our status; as, for instance, when anyone is relegated or dismissed from his order; or when he is forbidden to discharge the duties of a public office; or when a plebeian is whipped, or sentenced to the public works; or when anyone is in such a condition as to be considered infamous under the terms of the Perpetual Edict. 3Reputation is entirely lost when a great change of civil condition takes place, that is to say, when liberty is forfeited; for example, where anyone is prohibited the use of water and fire, which results when a person is deported, or when a plebeian is condemned to labor connected with the mines, or to the mines; for there is no difference between these two sentences, nor are the penalty of labor connected with the mines and sentence to the mines dissimilar, except that in the former the penalty of civil death is not inflicted, but in the second, the offender is liable to it.