Commentaries on the Last Two Titles of the Digest

Of magistrates, some were greater, some lesser; which, in the ancient century, greater and lesser auspices separated from one another, as those things which Gellius brings forward from the first book of the augur Messala on auspices, Attic Nights 13, chapter 14, prove. Corasius in Law 2, paragraph "at the same time," 10, Digest, On the origin of law. See Carolus Sigonius, 1, On the ancient Roman civil law, chapter 7. Budaeus in Law 2, at the end, Digest, On judgments. Under the Augusti, however, with the law of auspices and comitia having become obsolete, and the power of creating magistrates having been transferred to the Prince, Law, single, Digest, To the Julian Law on ambitus, the greater magistrates began to be called those who have imperium and power: But the lesser, those who are without imperium and power, Law 3, paragraph, final, laws; Law 4, Digest, On receivers of arbitrators; Law 32, Digest, On injuries; Law 2, Digest, On being summoned to court. Generally in our laws, as often as there is mention of magistrates simply, municipal magistrates, or Duumviri, are understood, title, Digest, On the convening of magistrates, title, If a tutor or curator or magistrate is created, he appeals. Cujacius in Paratitla, Digest, of the said title, On the convening of magistrates. To hold a magistracy is of honor, Law "emperor," 11, Digest, To the municipals; paragraph "praetors," 7, Institutes, On natural, gentile, and civil law, not of duty, speaking properly. Duties are separated from honors. Title, Digest and Code, On municipal and honorary offices; Law 6, paragraph 3; Law 10; Law 18, paragraph 2, Digest, in the same place; Law 8, paragraph, final, Digest, On vacancy from excused duties. P. Fab. in this place, number 14, and following, where he answers to Law 9, Digest, On municipal and honorary offices; Law 12, Digest, On Decurions, catachrestically improperly used/metaphorically, less properly, that a magistrate is said to perform a duty, and in a wider signification of duty, honor also is contained.

4. Women are prohibited from postulating for others, in this title, Law 1, paragraph "in the second place," 5, Digest, On postulation, and likewise from existing as procurators, in this title, Law "nor a woman," 54, Digest, On procurators. It is permitted to them only to defend parents, the cause having been investigated...