3. COMPILING THE LIST OF MEMBERS
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424 BOOK FIFTY/LIST O F MEMBERS are temporarily excused as unable to administer public business, the latter are permanently excluded. But mature men are not debarred, lest by the release of mature men young men should be burdened by being the only ones left to undertake all public munera . For those who are younger than twenty-five may not be made decurions except for some special reason, nor may those who have passed fifty-five. Sometimes also account will need to be taken of long established custom in these matters. In fact, our emperors, when consulted about including men of this age in the ordo at Nicomedia, issued a rescript that custom was to be followed. 12 CALLISTRATUS, Judicial Examinations, book 6: It is not proper to ignore as base persons those who deal in and sell objects of daily use, even though they are people who may be flogged by the aediles. Indeed, men of this kind are not debarred from seeking the decurionate or some other office in their own patria; for they do not suffer from infamia. Nor indeed are those who have actually been flogged by the aediles excluded from office, even if the aediles were within their rights in performing that act. Nonetheless, I think it is dishonorable for people of this kind who have been subjected to flogging to be admitted to the ordo, and especially in those civitates which have plenty of men of standing. For if there is a shortage of those who are bound to perform public munera, it follows that even these may hold local office, if they possess sufficient substance. 13 PAPIRIUS JUSTUS,Constitutiones, book 2: The Emperors Antoninus and Verus, Augusti, issued a rescript to the effect that those who had been temporarily exiled and had returned would not be admitted into the ordo without the permission of the emperor . 1. They also issued a rescript to the effect that those who had been exiled would not be admitted to the ordo of decurions when the time was up unless they were of such an age that they were not yet eligible to be elected decurions and their rank, by reason of the expectation of office which it carried, made it possible for the emperor to grant the favor. 2. They also issued a rescript to the effect that someone who was born in exile was not debarred from holding the office of decurion. 3. They also issued a rescript to the effect that if someone wished to state that a man had not been properly elected decurion, his plea was not acceptable, since he should have stated this at the outset. 14 PAUL,Questions, book 1: The deified Pius issued a rescript to the effect that a decurion who had been condemned should not be tortured. Whence it follows also that even if he has ceased to be a decurion and is then condemned, he may still not be tortured out of respect for his former rank. COMPILING THE LIST OF MEMBERS 1 ULPIAN,Duties of Proconsul, book 3': Decurions must be recorded in the list, as the municipal charter prescribes; but if the charter does not cover a case, then rank will need to be considered, so that they are recorded in the same order as that in which they each held the highest officeof the municipality: thus, first those who have held the duumvirate if this office is the highest, and among them the most senior first; then, those who have held the office which follows next after the duumvirate in the community ; then, those who have held the third highest office and so on; finally, those who have held no office, in the order in which each of them entered the ordo. 1. The same order is also to be observed in casting votes as we have prescribed for the compilation of the list. 2 ULPIAN,Opinions, book 2: In the list of decurions in a municipality, the names of those who have achieved [imperial]office on the recommendation of the emperor must be recorded first and then the names of those who have simply held municipal office. 424 BOOK FIFTY ILIST OF MEMBERS are temporarily excused as unable to administer public business, the latter are permanently excluded. But mature men are not debarred, lest by the release of mature men young men should be burdened by being the only ones left to undertake all public munera . For those who are younger than...


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