restricted access 2. DECURIONS AND THEIR SONS
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BOOK FIFTY/DECURIONS DECURIONS AND THEIR SONS 1 ULPIAN,Opinions, book 2: A governor will take care to recall to their native soil decurions who are proved to have left their seats in the community to which they belong and to have migrated to other places and see that they perform the appropriate munera. 2 ULPIAN,Disputations, book 1: Anyone who has been temporarily exiled, if he is a decurion, ceases to be a decurion. If he returns, he will clearly not recover his position , but is not debarred from ever becoming a decurion again. In any case, he will not be restored to his own position (for it is indeed possible for someone to be co-opted into his position), and, if the number in the ordo is complete, he will have to wait until another position is vacant. The position of someone who is temporarily removed from the ordo is different. For when the time is up, he is a decurion again. But it is also possible for someone to be co-opted into this position, and so if he finds his position filled, he will have to wait until a position is vacant. 1. A question arises, however, as to whether someone who has been restored to the ordo has that position [of seniority] which he had originally or that which he has just acquired, if it happens that the sequence in which votes are cast is at issue. I think, however, that he has the same position which he had originally. The same will not apply to someone who has been temporarily exiled; for he comes into the ordo as a newcomer. 2. The question arises in the case of sons of decurions whether the only person who is regarded as the son of a decurion is the one who was conceived and born while he was decurion or whether the one who was born before his father became decurion is also included. And, indeed, as far as his immunity to flogging or servitude in the mines is concerned, it makes no difference if he is born from a humble father, if the honor of the decurionate is later conferred on his father. Papinian replies that the same also applies if the grandfather is a decurion, in order that a son may not be marked by his father's disgrace. 3. But if his father is removed from the ordo, at any rate, if this happens before his conception , I think that he is considered the son of a humble father as far as officeholding is concerned. For if his father loses his rank after his conception, one must generously admit that he is to be regarded as the son of a decurion. 4. Further, also, the man who is born after his father's exile, provided that he was conceived before it, will be regarded as equal to the son of a decurion; but if he was conceived after, the exile will make a difference to him. 5. If he is born to a father temporarily removed from the ordo and was both conceived and born in the period in question, can he be regarded as born as it were the son of a decurion, even though his father died before he returned to the ordo? It must be generously admitted that he can. 6. Furthermore, if he was conceived by a humble father and in due course before his birth his father both gained and lost the status of decurion, one will respond favorably that the period in question benefits him as if he had been born. 7. No crime of the father can cause a penalty to an innocent son; and so he is not debarred from the ordo of decurions or other offices for any such cause. 8. Those who are older than fifty-five are debarred by constitutiones from being called on for the office of decurion against their will. But if they have agreed to this, they ought to hold office, even if they are over seventy, but are not forced to perform civil munera. 3 ULPIAN,Duties of Proconsul, book 3: It will always be necessary to ensure that anyone who has suffered a milder sentence by reason of his having been temporarily exiled should reckon as gain the humanity of his sentence and not recover his decurionate . 1. But if anyone is not temporarily exiled, but temporarily removed from the ordo, even for the crime of forgery or...