The Same, Opinions, Book II. If it is established that a duumvir has been created without observing the formalities prescribed by law, but only because he was demanded by the voice of the people, to which the Proconsul consented without having any right to do so, an appeal in so plain a case is superfluous.

Ulpianus, Opinions, Book II. The statement of one’s birthplace, which is not correct, does not alter the fact of a person’s origin; for a man’s actual birthplace is not lost by mistake, nor by his falsely, giving a different place from the true one. Nor can anyone, by rejecting the country where he was born, nor by misrepresentation on this point, change the truth. 1A son derived his origin from the town in which his father was born, but he does not follow the domicile of the latter. 2It was decided by men learned in the law that anyone can have his domicile in two different places, that is where he builds in two different places, and is not considered to reside in one more than in the other. 3Freedmen follow the place of birth or domicile of their patrons, which is also the case with their children.

Ulpianus, Opinions, Book II. It is established that decurions who have left the towns to which they belonged, and gone to other places, can be recalled to their country by the Governor of the province; and he must take care that they are given suitable employments.

The Same, Opinions, Book II. The names of the recipients of honors at the hands of the Emperor should first be entered upon the register of the decurions in a city; and afterwards the names of those who only have discharged the duties of municipal offices.

The Same, Opinions, Book II. Persons who were born in the City of Rome, and who have established their domicile elsewhere, must accept public employment at Rome. 1No municipal employment can be imposed upon soldiers who are serving in camp. Other private persons, however, even though they are the relatives of soldiers, must obey the laws of their country and their province. 2When anyone is sentenced to the mines, and afterwards obtains complete restitution, he may be called to public employments and honors just as if he had never been convicted; and his misfortune and sad experience cannot be advanced to show that he is not a good citizen of his country. 3Their sex denies to women corporeal employments, and prevents them from obtaining municipal honors or offices. 4A father has no right to prevent a son, who is under his control, from obtaining municipal honors, if he has no good excuse for doing so. 5A father is not required to undertake the defence of his son, if he does not consent for him to obtain municipal honors, or employments, for fear his estate may be subjected to a burden; but he can not prevent him from being liable to his country to the extent of his means. 6Although anyone who is over seventy years of age, or has five children living, is, for either of these reasons, excused from holding civil employments; still, his sons ought to accept offices for which they are qualified, for the immunity granted to fathers on account of their children they themselves do not enjoy. 7A stepfather can, by no rule of law, be compelled to undertake the burdens of civil employment, in the name of his stepson. 8Freedmen should discharge the duties of public employment at the birthplace of their patron, if their pecuniary resources are sufficient to enable them to do so; as the property of their patrons is not liable on account of offices administered by their freedmen. 9When a father has been guilty of some crime, this should be no impediment to the acquisition of municipal honors by his sons. 10It has long since been settled that minors under twenty-five years of age can become decurions; not, however, when they are in military service, because this burden is considered as rather attaching to a patrimonial employment. 11The collection of taxes is considered to be a patrimonial employment. 12The duty of collecting provisions is a personal employment, and the age of seventy years, or the number of five living children, exempts a person from it. 13Persons who are obliged to furnish lodgings to soldiers coming to a city should discharge this duty by turns. 14The duty of furnishing lodgings to soldiers is not a personal, but a patrimonial one. 15The Governor of a province should see that employments and honors are equally distributed among the citizens in turn, according to their age and rank; so that the order of the various degrees of said employments and honors, which have been established of old, shall be followed, to prevent the same person from being indiscriminately and frequently oppressed by their imposition, and the State from being deprived at the same time of men and of power. 16Where there are two sons under the control of their father, he cannot be compelled to be responsible for the employment of both of them at the same time. 17If a man, who left two sons, did not, by his last will, provide out of their common patrimony, for the discharge of the duties of public office by one of them, the latter should not, at his own expense, assume responsibility for any duties or honors which may be enjoined upon him, although the father, while living, might have assumed liability of this kind for one of his sons.

Ulpianus, Opinions, Book II. Every excuse should be based upon justice. But if confidence should be placed in persons claiming exemption, without a hearing in court, or indiscriminately, without any limitation of time, as each one may choose, and if each one should be permitted to excuse himself, there would not be enough persons to discharge the duties of public office. Therefore, when any persons claim exemption from a public office on account of the number of their children, they should take an appeal, and those who do not observe the time prescribed for the prosecution of an appeal of this kind are with good reason excluded from the benefit of an exception. 1Those who avail themselves of an excuse, and are discharged in consequence, must appeal every time that they are appointed afterwards. When, however, this adversary is proved to have acted through malice, and for the purpose of subjecting them to frequent annoyance, although he is aware that they are entitled to perpetual exemption, the Governor shall order him who is responsible for this annoyance to pay the expenses of litigation, as in the case of the Imperial Decrees. 2Persons eligible to the highest honors, and included among the citizens of a town who, with the design of defrauding their order, betake themselves to the country for the purpose of avoiding the responsibilities of the higher offices, and still remain liable to those attaching to inferior ones, cannot avail themselves of this excuse. 3Although a man may be sixty-five years of age, and have three living children, he cannot, for these reasons, be released from performing the duties of civil employment.

The Same, Opinions, Book II. An envoy appointed to proceed against a municipality can present his claim to the Emperor through another. 1When an envoy abandons his charge, or delays results for some good reason, he must prove this fact before the Order of the town where he resides. 2The neglect of an envoy to perform his duty does not prejudice his colleague.

The Same, In The Same Book. Salaries, in proportion to their rank, are paid to envoys who do not undertake their mission gratuitously.

Ulpianus, Opinions, Book II. A certain man, having been appointed supervisor of public works, and desiring to be excused, did not succeed, but remained in office until he died. He left his heirs liable, but imposed no responsibility upon them from the time when his death occurred. 1A person who was already exercising the functions of a public office afterwards undertook the construction of an aqueduct. It seemed to be absurd for him to ask to be released from his former employment, when he was already charged with both; because if he had only intended to assume responsibility for one, it is more probable that he would have obtained exemption from the other, on account of that in which he was already engaged.