[MODESTINUS libro tertio excusationum. ] §27.1.10.prὐ μόνον δὲ οἱ τὰς ἀπὸ καλίγος στρατείας καὶ τὰς λοιπὰς πριμιπιλάριοι στρατευσάμενοι, ἀλλὰ καὶ οἱ ὁπωσοῦν χρείας δημοσίας δήμου Ῥωμαίων ἕνεκα ἀποδημήσαντες ἐνιαυτοῦ ἔχουσιν ἀνάπαυσιν μετὰ τὸ ἐπανελθεῖν.
[MODESTINUS in his third book on excusations.] And not only those who have completed their military service from the caliga and other services as primipilarii, but also those who have gone abroad in any way for the sake of the public service of the Roman people, have a respite of one year after their return.
§27.1.10.1Ὁ μέντοι ἐνιαυτὸς οὗτος οὐ μόνον τοῖς πληρώσασιν τὸν συνήθη τῆς στρατείας καιρὸν ἐν ταῖς λοιπαῖς δημοσίαις χρείαις δίδοται, ἀλλὰ καὶ τοῖς ὁπωσοῦν παυσαμένοις τῆς δημοσίας χρείας καὶ ἐπανελθοῦσιν, κἂν ἐλάττονα χρόνον διατρίψωσιν τοῦ διατεταγμένου.
However, this year is granted not only to those who have completed the usual time of service in other public duties, but also to those who have in any way ceased from their public service and returned, even if they have spent less time than that which was prescribed.
§27.1.10.2Ἃς μέντοι πρότερον εἶχον ἐπιτροπάς, διὰ δὲ τοῦτο ἀπέθεντο ὅτι δημοσίου ἕνεκα πράγματος ἀπεδήμουν, ταύτας ἐπανελθόντες παραυτὰ ἐπαναλήψονται οὐδὲν αὐτοῖς βοηθοῦντος τοῦ ἐνιαυτοῦ· ὁ γὰρ ἐνιαυτὸς πρὸς τὰς μελλούσας καινὰς δίδοται, οὐχὶ πρὸς τὰς ἀναληφθῆναι ὀφειλούσας.
Yet, the tutelages which they previously held, and which they laid aside for the reason that they were going abroad on account of public business, they shall resume immediately upon their return, with the year affording them no assistance; for the year is granted for future new tutelages, not for those which ought to be resumed.
Ἐνιαυτὸς δὲ συνημμένων §27.1.10.3ἡμερῶν ἐξετασθήσεται, ἐξ ὅτου τις ἐπανῆλθεν εὐθεῖαν ὁδὸν εὐθύνων ἢ διευθύνειν γε ὀφείλων, οὐχὶ τὴν ἐκ περιόδων.
And the year of consecutive days shall be calculated from the time when one returned by keeping to the direct route, or at least being obliged to keep to it, and not by a circuitous route.
§27.1.10.4Καὶ οἱ κατὰ διαθήκας δοθέντες ἐπίτροποι παραιτήσονται κατὰ νόμους τὸν χειρισμὸν τῶν ἐν ἄλλῃ ἐπαρχίᾳ ὄντων κτημάτων, ὡς δηλοῖ ἡ ὑποτεταγμένη τοῦ θειοτάτου Σεβήρου διάταξις· 'Diui Seuerus et Antoninus Augusti Ualerio.
Also, tutors appointed by will shall excuse themselves according to the laws from the administration of properties situated in another province, as is shown by the subjoined constitution of the divine Severus: "The divine Severus and Antoninus Augusti to Valerius.
Testamento tutor datus ante praefinitum diem adire debuisti et postulare, ut ab administratione rerum, quae in alia prouincia erant, liberareris'. Ὁ πριμιπίλον διανύσας §27.1.10.5ἐὰν ἐπιτροπὴν δεξάμενος ἑνὸς παιδίου πάλιν εἰς τὰς στρατιωτικὰς χρείας ἀναληφθῇ, ἀποθήσεται τὴν φροντίδα τῆς ἐπιτροπῆς.
Having been appointed tutor by will, you ought to have approached and requested before the appointed day that you be released from the administration of things which were in another province." A man who has completed his service as primipilus, if, having accepted the tutelage of one child, he is again recalled to military services, shall lay aside the care of the tutelage.
§27.1.10.6Ὁμοίως καὶ εἰς τὸν τόπον ἐκείνου τοῦ ἐπιτρόπου, ὃν μετὰ ταῦτα συγκάθεδρον ἑαυτῷ τις ἀπήγαγεν, δοθήσεται κουράτωρ, ὡς φησιν διάταξις τοῦ θειοτάτου Σεβήρου· ἣν ὀρθῶς ἐφαρμόζων πᾶσιν τοῖς ὁμοίοις κεφαλαίοις κουράτορα δίδοσθαί ἐρεῖ εἰς τὸν τόπον τῶν χρόνον ἀνάπαυσιν λαμβανόντων.
Likewise, in the place of that tutor whom someone has afterwards taken with him as his assessor, a curator shall be appointed, as a constitution of the divine Severus says; which, if one properly applies it to all similar cases, will dictate that a curator is to be given in the place of those who receive a respite of time.
§27.1.10.7Ἐὰν ἀπελεύθερος δοθῇ ἀφῆλιξ ὑπὸ πάτρωνος ἐπίτροπος τοῖς τέκνοις αὐτοῦ, ἢ καὶ ἕτερος οἱοσδήποτε ἐλάττων τῶν εἴκοσι πέντε ἐνιαυτῶν, ἕως μὲν ἀφῆλιξ ᾖ, οὐκ ἐνοχληθήσεται.
If a freedman who is a minor is appointed tutor to his patron's children, or indeed any other person under twenty-five years of age, as long as he is a minor, he shall not be troubled.
ἐν τοσούτῳ δὲ ἕτερος εἰς τόπον αὐτοῦ χειροτονηθήσεται κηδεμών.
In the meantime, another guardian shall be chosen in his place.
ὁμοιός ἐστιν τούτῳ καὶ ὁ νόμιμος ἐπίτροπος, ἐὰν ἀφῆλιξ ὢν τύχῃ· καὶ γὰρ καὶ εἰς τὸν τόπον τούτου κηδεμὼν ἐν τῷ τέως δοθήσεται.
A statutory tutor is also similar to this one if he happens to be a minor; for indeed in his place also a guardian shall be appointed in the meantime.
§27.1.10.8Ἐάν τις οὕτως νοσήσῃ, ὡς δεῖν αὐτὸν μὴ παντάπασιν ἀφεθῆναι ἐπιτροπῆς, εἰς τὸν τόπον αὐτοῦ κουράτωρ δίδοται.
If anyone becomes so ill that he does not need to be entirely discharged from tutelage, a curator is appointed in his place.
ῥαίσας δὲ πάλιν οὗτος ἀναλήψεται τὴν ἐπιτροπήν.
And when he has recovered, he shall resume the tutelage.
εἰ δὲ καί τις εἰς μανίαν ἐμπέσῃ, ὁμοιός ἐστιν τούτῳ.
If anyone falls into madness, he is also similar to this.
οὕτω καὶ ὁ Οὐλπιανὸς γράφει· Aduersa quoque ualetudo excusat, sed ea, quae impedimento est, quo minus quis suis rebus superesse possit, ut imperator noster cum patre rescripsit:
Thus Ulpian also writes: "Adverse health also excuses, but that which is an impediment to someone being able to attend to his own affairs, as our emperor with his father replied:"