Ulpianus, On All Tribunals, Book VIII. Even though the ward should be ignorant of the fact, and unwilling.

The Same, On All Tribunals, Book VIII. Another person cannot appoint a guardian, even under the direction of a Governor. 1Where the Prætor or the Governor of a province appoints a guardian while he is insane or demented, I do not think that the appointment will be valid; for, even though he may still continue to be Prætor or Governor, and his insanity does not deprive him of his magistracy, still, the appointment made by him will be of no force or effect. 2A guardian can be appointed upon any day whatsoever. 3A guardian or a curator can be appointed by a Prætor or a Governor for a person of either sex who may have become insane, and for one who is dumb and deaf.

Ulpianus, On All Tribunals, Book VIII. The Governor of a province usually decided with reference to salaries, but only concerning those to which instructors in liberal studies are entitled. We understand liberal studies to be those which the Greeks designate eleuveria, and they include such as are taught by professors of rhetoric, grammar, and geometry. 1For the same reason, nothing is more just than also to include professors of medicine, for the latter give their attention to the health of men, and the former to their studies; and therefore with reference to them also, the Governor of the province should expound the law arbitrarily. 2Governors hear midwives, who are also considered to practice medicine. 3Anyone understands a physician to be one who promises a cure for any part of the body, or relief from pain, as, for example, an affection of the ear, a fistula, or a toothache; provided he does not employ incantations, imprecations, or exorcisms (to make use of the ordinary term applied to charlatans), for such things as this do not properly belong to the practice of medicine, although there are persons who commend such expedients, and affirm that they have been benefited by them. 4Are philosophers to be included in the number of professors? I do not think that they are, not because philosophy is irreligious, but because those who practice it should, first of all, scorn any mercenary labor. 5Hence, the Governor of a province does not decide with reference to the remuneration of professors of the Civil Law, for their wisdom is considered to be something extremely sacred; but it should not be estimated by its value in money, or be dishonored where compensation is claimed by a person who ought to promise under oath to dispense instruction gratuitously. Still, contributions when tendered may honorably be accepted, which, however, would be dishonorable if demanded. 6Governors of provinces have also assumed the right to decide with reference to school teachers, although they are not classed as professors, as well as in the case of copyists, makers of notes, accountants, and notaries. 7The Governor should, by no means, arbitrarily decide with reference to the master-workmen of other arts, or artisans who are not included in the literary professions, or are not mentioned above. 8When assistants demand their salaries, it has been decided that the same rule applies as in the case of professors. 9The Governor should take cognizance of all claims against these persons, for the Divine Brothers stated in a Rescript that this could even be done against advocates. 10With reference to the fees of advocates, the judge should decide according to the importance of the case, the skill of the advocate, and the custom of the bar, and should make an estimate of the fees to which the advocate was entitled, provided the amount does not exceed the compensation fixed by law; for this was set forth in a Rescript of Our Emperor and his Father in the following terms: “If Julius Maternus, who has wished you to appear in his case, is ready to pay you what he agreed to do, you can only claim an amount which does not exceed that prescribed by law.” 11We should understand advocates to be all those who devote their energies to the purpose of conducting litigation. Those, however, are not included in the number of advocates who ordinarily appear in court to conduct cases in behalf of parties who are absent. 12If a fee has been agreed upon with an advocate, or if anyone has made a contract with him, having reference to the conduct of a case, let us see whether he can demand it. And, indeed, the following was stated by our Emperor and his Divine Father with reference to agreements of this kind, namely: “It is the observance of a bad custom where you exact from your client a promise for the payment of money for conducting his case. It is the law that if, while the case is pending, an agreement is made for future remuneration it will be void; but if it is made after the case has been tried, the sum promised as a fee can be collected up to a reasonable amount, even though the agreement was made with reference to what might be recovered, provided what has been paid shall be reckoned with what is due, and the entire amount does not exceed the legal fee.” The proper fee is understood to be no more than a hundred aurei in any one case. 13The Divine Severus prohibited a fee from being recovered from the heirs of an advocate after his death, because it was not his fault that he did not conduct the suit. 14It is also the duty of a Governor or a Prætor to take cognizance of the claims of nurses for the support of children to which they are entitled, when brought before their magistrates. Such claims, however, should only be considered where infants are nourished by the breast, but when this is not the case, neither the Prætor nor the Governor will have jurisdiction. 15If all these things should be demanded before the Governors of provinces, let us see whether they can have jurisdiction of reciprocal claims. I think that they should be permitted to do so.

The Same, On All Tribunals, Book VIII. Governors are accustomed to take cognizance of the cases of brokers, and although it is considered a degrading occupation, still, in order to regulate the amount of their commissions and the business in which they are engaged, they, to some extent, supervise their calling. The Greeks designate their compensation by the term the “fee of an intermediary,” and it can easily be collected by them where, for instance, anyone acts as an agent for the purpose of contracting a bond of friendship, or to obtain an assistant for a judge, or anything else of this kind. For such occupations are pursued by certain men in large cities. The term “broker” applies to those who give their services and make themselves useful by negotiating purchases, sales, commercial matters, and lawful contracts in a way which is not objectionable.

The Same, On All Tribunals, Book VIII. We should consider a person to be absent who is not in the place where his presence is demanded; for we do not require that he be beyond seas, since he is absent if he happens to be outside the suburbs of the city; but if he is within the suburbs, he is not held to be absent if he does not conceal himself. 1Anyone who has been captured by the enemy is not considered to be absent, but he who is detained by robbers is.