[IDEM libro primo disputationum. ] §50.2.2.prQui ad tempus relegatus est, si decurio sit, desinet esse decurio.
[THE SAME, In the First Book of Disputations.] He who has been relegated for a time, if he is a decurion, ceases to be a decurion.
reuersus plane locum suum quidem non optinebit, sed non semper prohibetur decurio fieri.
When he returns, clearly he will not retain his own place indeed, but he is not always prohibited from becoming a decurion again.
denique in locum suum non restituetur (nam et sublegi in locum eius potest) et si numerus ordinis plenus sit, exspectare eum oportet, donec alius uacet.
In short, he will not be restored to his place (for another can also be chosen in his place), and if the number of the order is full, he must wait until another place becomes vacant.
alia causa est eius, qui ad tempus ordine remouetur: hic enim impleto tempore decurio est.
The case is different for him who is suspended from the order for a time; for he, when the time has expired, is a decurion.
sed et in huius locum sublegi poterit: sed et si plenum locum inuenerit, exspectet, donec locus uacet.
But another can also be chosen in his place; and if he finds the place full, let him wait until a place becomes vacant.
§50.2.2.1Restitutus tamen in ordinem utrum eum ordinem teneat, quem primum habuit, an uero quem nunc nanctus est, quaeri potest, si forte de ordine sententiarum dicendarum agatur.
However, when one is restored to the order, it can be asked, if by chance a question arises concerning the order of expressing opinions, whether he holds that rank which he originally had, or indeed that which he has now obtained.
arbitror tamen eundem ordinem tenere, quem pridem habuit.
I think, however, that he holds the same rank which he formerly had.
non idem erit in eo, qui relegatus ad tempus est: nam hic uelut nouus in ordinem uenit.
The same will not apply to him who was relegated for a time; for he enters the order as if he were a new member.
§50.2.2.2In filiis decurionum quaestio est, utrum is solus decurionis filius esse uideatur, qui conceptus et natus est ex decurione, an uero et is, qui ante natus est, quam pater decurio fieret.
Regarding the sons of decurions, there is a question whether he alone is to be regarded as the son of a decurion who was conceived and born of a decurion, or indeed also he who was born before his father became a decurion.
et quidem quantum pertinet, ne fustibus castigetur et ne in metallum detur, non nocet plebeio patre esse natum, si postea honor decurionis patri eorum accesserit.
And indeed, as far as it concerns his not being beaten with clubs and not being sent to the mines, it does not harm him to have been born of a plebeian father, if the honor of a decurion afterwards accrued to their father.
in auo quoque Papinianus idem respondit. ne patris nota filius macularetur.
Papinian also gave the same opinion in the case of a grandfather; so that the son might not be stained by his father's disgrace.
§50.2.2.3Sed si pater ipsius ordine motus sit, si quidem ante conceptionem eius moueatur, arbitror eum quasi plebei filium in honoribus spectari: quod si post conceptionem pater ipsius dignitatem amiserit, dicendum erit benigne ut decurionis filium intuendum.
But if his father has been removed from the order, if indeed he is removed before his conception, I think that he is regarded as the son of a plebeian in respect to honors; but if his father lost his dignity after conception, it must be said that, by a benevolent construction, he should be looked upon as the son of a decurion.
§50.2.2.4Proinde hic quoque, qui post patris relegationem natus sit, si quidem ante conceptus est, similis senatoris filio habebitur: si postea, nocebit illi relegatio.
Accordingly, here too, in the case of him who is born after his father's relegation, if indeed he was conceived before, he shall be treated similarly to the son of a senator; if afterwards, the relegation will prejudice him.
§50.2.2.5Si ad tempus ordine moto patre fuerit natus medioque tempore conceptus et editus, an quasi decurionis filius nascatur, licet pater eius ante obierit, quam in ordinem uenerit? quod benigne erit admittendum.
If he was born while his father was suspended from the order for a time, having been conceived and brought forth during that middle period, does he be born as if he were the son of a decurion, even though his father died before he returned to the order? This should be favorably admitted.
§50.2.2.6Praeterea si conceptus sit a plebeio, mox ante editionem pater eius decurionatum adeptus ante editionem amiserit: non infauorabiliter quis medium tempus illi prodesse ueluti iam nato respondebit.
Furthermore, if he was conceived by a plebeian, but soon before his birth his father obtained the decurionship, and lost it before his birth, one might not unfavorably give the opinion that the intermediate time benefits him as if he had already been born.
§50.2.2.7Nullum patris delictum innocenti filio poenae est: ideoque nec ordine decurionum aut ceteris honoribus propter eiusmodi causam prohibetur.
No crime of a father is a punishment to an innocent son; and therefore he is not excluded from the order of decurions or other honors for such a reason.
§50.2.2.8Maiores annis quinquaginta quinque ad decurionatus honorem inuiti uocari constitutionibus prohibentur.
Those older than fifty-five years are prohibited by constitutions from being called to the honor of the decurionate against their will.
sed si ei rei consenserint, etsi maiores annis septuaginta sint, munera quidem ciuilia obire non coguntur, honores autem gerere debent.
But if they consent to this matter, even if they are older than seventy years, they are indeed not compelled to undergo civil burdens, but they ought to bear the honors.