4. MUNERA AND OFFICES
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BOOK FIFTYIMUNERA MUNERA AND OFFICES 1 HERMOGENIAN, Epitomes, book 1: Among civil munera, some attach to a patrimonium , others to persons. 1. Patrimonial munera are those relating to the land transport system and to the office of navicularius; the office of decemprimi, for these men collect the regular taxes at their own risk. 2. Personal civil munera are the defense of one's community, that is, the appointment as advocate; an embassy to receive census assessments or acquire a patrimonium; scribatus; camel-management; the supervision of the corn supply and similar matters; the supervision of public land; the supervision of corn purchases; the supervision of the water supply; the provision of race horses for the games; the upkeep of a public road, corn funds, heating for baths; the distribution of the corn supply and some other duties similar to these. For other duties also can be grasped under the laws of each community by analogy with those which we have listed, because of established custom. 3. In general, somethingis to be regarded as a personal munus if it regularly arises from bodily activity together with the conscientious exercise of the mental faculties; as a patrimonial munus if it particularly involves expense. 4. Equally, tutelage is a personal munus, the care of a grown-up or of a madman, likewise of a spendthrift, a dumb person or of an unborn child, even to the extent of providing food, drink, shelter, and so on. But in addition, there is a curator provided for the goods of someone who is away, by whose activity usucapion is prevented and who sees that debtors are not released; similarly, if possession of goods is sought under the Carbonian Edict and satisfaction is not given, a curator provided for the management of the goods undertakes a personal munus. Similar to these men are those who are provided as curators for the goods formerly belonging to someone who has been captured by the enemy and whose return is hoped for; likewise, curators provided for the management of the goods left by someone to whom no one has yet succeeded either under civil or under statute law. 2 ULPIAN,Sabinus, book 21: As far as office is concerned, a man is regarded as having his son in his power even if he is in the power of his father. 3 ULPIAN,Opinions, book 2: Even those who originate from the city of Rome, if they take up domicile in another place, are obliged to undertake its munera. 1. No municipal munus can be imposed on those who are concerned with building camps in the course of military activity. But other private persons, ever]if they are the relatives of soldiers, are obliged to obey the laws of their patria and provincia. 2. If someone condemned to the mines is granted restitutio in integrum, he may be summoned to undertake munera or hold office, as if he had never been condemned. Nor will he regard his misfortune and sad mischance as militating against his being regarded as a suitable citizen of his patria. 3. Their very sex prevents women from undertaking munera involving bodily activity. 4. A father, whose son is in his power, does not have the right of blocking his son from holding office and undertaking munera, if he has no grounds for exemption. 5. The fact that a father did not agree to the offices or munera of his son, in order that his patrimonium might not bear the burden, provides a defense, but does not remove a citizen from the service of his patria to the extent of his capacity. 6. Even if one is over seventy-five or the father of five living sons and is therefore exempt from civil munera, nonetheless, his sons are obliged to assume the relevant munera on his behalf; for the appropriatereward of immunity is thus given to fathers on account of their sons because they themselves will undertake the munera . 7. A step-father is not obliged to undertake the burdens of civil munera on behalf of his step-sonby any legal rule. 8.Freedmen are obliged toundertake munera BOOK FIFTY / MUNERA 4 MUNERA AND OFFICES 425 1 HERMOGENIAN, Epitomes, book 1: Among civil munera, some attach to a patrimonium , others to persons. 1. Patrimonial munera are those relating to the land transport system and to the office of navicularius; the office of decemprimi, for these men collect the regular taxes at their own risk. 2. Personal civil munera...