6. THE RIGHT OF IMMUNITY
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432 BOOK FIFTYIRIGHT O F IMMUNITY 12 PAUL,Views, book 1: Advocacy in the same affair cannot be mandated again to an ambassador who has looked after public business within the prescribed period of exemption . 1. The entourage of governors and proconsuls or procurators of Caesar are exempt from munera, offices, and tutelages. 13 ULPIAN, Edict, book 23: The praetor undertakes that he will release those whom he knows cannot give their attention to acting as judge; perhaps because someone is permanently unable to give his attention, because he has come to a state of health such that it is clear that he cannot undertake civil duties; or if he suffers from another disease , so that he cannot keep control of his own affairs; or if people have obtained a priesthood of a kind which they cannot abandon without offending what is hallowed. For those also are permanently released. 1. There are two kinds of exemptions of public munus which may be given: one full, when it includes exemption from military service; one partial, when people have received simple exemption from a munus. 2. Someone who has not been released is forced to act as judge, even against his will. 3. If a judge begins to claim release after the case has been heard, if he wants to claim release on the grounds of a dispensation which he had before he took up the office ofjudge, he is not to be heard. For he renounces his claim to release by taking on the office of judge. But if later a just reason emerges for a judge to be released perhaps temporarily, he must not be transferred to another court, if that will take place at someone else's disadvantage. In the long run, it is preferable to wait for a while for a judge who has already heard a case rather than to instruct the affair to a new judge to be judged again. 14 MODESTINUS, Rules, book 7: A dead son does not help toward release from munera, except for one lost in war. 1. The same person will not hold the supervision of two pieces of work at the same time. THE RIGHT OF IMMUNITY 1 ULPIAN,Opinions, book 3: Those who are in ships solely in order to work on them for the sake of business do not have immunity from civil munera by any constitutio. 1. Immunities granted to individuals are not transmitted to heirs. 2. ~ n d even those which are granted to and preserved by a family and its descendants do not belong to those who are descended in the female line. 2 ULPIAN,Duties o f Proconsul, book 4: Faith must be kept with those who have bound themselves to accept munera or offices on a certain condition since they could not otherwise be bound against their will to undertake the office in question, and the condition must be observed under which they agreed to attach themselves to the munera or offices. 3 (2, 1) ULPIAN,Duties o f Proconsul, book 4: It is declared by a rescript to Venidius Rufus, the legate of Cilicia, that immature men, although the constraint of shortage of men may cause pressure, are not to be admitted to officeholding. 4 (3) ULPIAN,Duties o f Proconsul, book 5: Those who are over seventy are exempt from tutelages and personal munera. But someone who has begun, but not ended his seventieth year does not enjoy this exemption, since someone in his seventieth year does not seem to be over seventy. 5 (4) MODESTINUS, Rules, book 6: Immunities granted generally with the proviso that they would be transmitted to descendants last forever for successive generations. 6 (5) CALLISTRATUS, Judicial Examinations, book I: Old age has always been revered in our state; for our ancestors accorded almost the same honor to the old as to magistrates. In regard also to the liability to municipal munera, the same honor is accorded to old age. But it can be said that a man who has become rich in old age without having previously undertaken any public munus is not exempted from this 432 BOOK FIFTY fRIGHT OF IMMUNITY 12 PAUL, Views, book 1: Advocacy in the same affair cannot be mandated again to an ambassador who has looked after public business within the prescribed period of exemption . 1. The entourage of governors and proconsuls or procurators of Caesar are exempt from munera, offices, and tutelages. 13 ULPIAN, Edict, book 23: The praetor...


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