[IDEM libro primo disputationum. ] §50.1.2.prQuotiens filius familias uoluntate patris decurio creatur, uniuersis muneribus, quae decurioni filio iniunguntur, obstrictus est pater quasi fideiussor pro filio.
[THE SAME, Disputations, book 1] Whenever a son under paternal power is elected a decurion with the consent of his father, the father is bound, as if he were a surety for his son, for all the duties imposed upon the son as a decurion.
consensisse autem pater decurionatui filii uidetur, si praesens nominationi non contradixit.
Moreover, the father is deemed to have consented to his son's decurionate if, being present, he did not object to the nomination.
proinde quidquid in re publica filius gessit, pater ut fideiussor praestabit.
Consequently, whatever the son has done in the public administration, the father shall make good as a surety.
§50.1.2.1Gestum autem in re publica accipere debemus pecuniam publicam tractare siue erogandam decernere.
Now, we ought to understand "action in the public administration" as managing public money or deciding upon its expenditure.
§50.1.2.2Sed et si curatores operum uel cuius alterius rei publicae creauit, tenebitur.
But also, if he has appointed curators of public works or of any other public matter, the father will be held liable.
§50.1.2.3Sed et si successorem sibi nominauit, patrem obstringit.
But also, if he has nominated a successor to himself, he binds his father.
§50.1.2.4Sed et si uectigalia publica locauit, pater erit obstrictus.
But also, if he has leased out public revenues, the father will be bound.
§50.1.2.5Sed si filius tutores dare non curauerit uel minus idoneos elegerit nec satis exegerit uel non idoneum acceperit, ipse quidem quin sit obstrictus, nulla dubitatio est: pater uero ita demum obligatur, si et fideiussores solent hoc nomine obligari.
But if the son has failed to provide tutors, or has chosen those who are less suitable and has not demanded sufficient security, or has accepted an unsuitable one, there is indeed no doubt that he himself is bound; however, the father is only obligated if sureties also are accustomed to be obligated on this account.
sed non solent (hoc enim et relatum et rescriptum est), quia fideiussores rem publicam saluam fore promittunt, rei publicae autem nihil, quod ad rem pecuniariam attinet, interest pupillis tutores dari.
But they are not so accustomed (for this has been both reported and stated in a rescript), because sureties promise that the public property will be safe, but it is of no interest to the municipality, as far as pecuniary matters are concerned, that tutors be given to pupils.
§50.1.2.6Is, qui ultra commeatum abest uel ultra formam commeatui datam, ad munera uocari potest.
He who is absent beyond his leave, or beyond the terms granted for his leave, can be called upon for public duties.