1. MUNICIPES AND FOREIGN RESIDENTS
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BOOK FIFTY MUNICIPES AND FOREIGN RESIDENTS 1 ULPIAN, Edict, book 2: Either birth or manumission or adoption makes a man a municeps. 1. And, indeed, properly speaking those are called municipes who share in munera, who have been admitted to civitas in order to perform munera with us; but now we loosely call municipes the members of any particular community, as for instance, Campani or Puteolani. 2. So anyone who is born from two parents who are Campani is a Campanus. But if he is born from a father who is a Campanus and a mother who is a Puteolana, he is still a municeps Campanus, unless it happens that by some special dispensation the place of origin of the mother is taken into account; for then he will be a municeps of the place of origin of the mother. Thus, for instance, it has been granted to the Ilienses that anyone who is born from a mother who is an Iliensis is one of their municipes. This dispensation has also been granted to Delphi and also still exists there. Celsus also reports that the people of Pontus, by a grant of Pompeius Magnus, can regard anyone who is born from a mother from Pontus as being from Pontus. Some people hold that this grant only relates to children born out of wedlock; Celsus, however, does not agree with this view. For it would not have been necessary to observe that a child born out of wedlock should have the status of the mother; for what other provenance can such a person have? But the grant relates to those who are born from parents of different communities. 2 ULPIAN,Disputations, book 1: Whenever a son-in-power is made a decurion at the wish of the father, the father is subject to all the munera which are imposed on the son as decurion, as verbal guarantor for the son. The father is regarded as having agreed to the decurionate of the son if he was present and did not oppose the nomination. Thereafter whatever the son does in the public sphere, the father will be on call as verbal guarantor. 1. We must treat as done in the public sphere handling public money or decreeing its expenditure. 2. And even if he appoints curators of public works or anything else, the father will be liable. 3. And even if he nominates a successor for himself, he makes his father liable. 4. And even if he contracts out the collection of the public revenues, the father will be liable. 5. But if the son fails to assign tutors or chooses unsuitable ones, or fails to make adequate inquiry or accepts someone unsuitable, there is no doubt that he himself is liable; the father, on the other hand, is indeed only liable if verbal guarantors are also normally liable in this context. But they are not normally liable, because verbal guarantors undertake that public property will suffer no damage and it is of no relevance to public property whether tutors are assigned to pupilli, at any rate as far as financial matters are concerned (this is what is taught and it is the subject of rescripts). 6. Anyone who is absent longer than his leave of absence or than the terms established for leave of absence may be summoned to undertake munera. 3 ULPIAN,Sabinus, book 25: It is thought right for sons-in-power also to be able to have a domicile. 4 ULPIAN,Edict, book 39: Not indeed wherever his father has it, but wherever he himself fixes his doinicile. 5 PAUL,Edict, book 45: Labeo holds that anyone who engages in business equally in a number of different places does not have a domicile anywhere; he admits, however, that some people say that such a person is an incola or has a domicile in a number of different places, which is closer to the truth. 6 ULPIAN,Opinions, book 2: The assumption of a false origin does not alter the truth of a real one; for a true origin is not erased or lost by the error or the falsehood of someone who says that he comes from somewhere not in fact his place of origin. The truth cannot be changed by someone denying his patria, BOOK FIFTY 1 MUNICIPES AND FOREIGN RESIDENTS 1 ULPIAN, Edict, book 2: Either birth or manumission or adoption makes a man a municeps. 1. And, indeed, properly speaking those are called municipes who...