died are of no account, though the question has arisen whether
this rule does not admit of an exception where they have died
in war; and it is agreed that this is so, but only where they
have fallen on the field of battle: for these, because they have
died for their country, are deemed to live eternally in fame.
1 The Emperor Marcus, too, replied by rescript, as is recorded
in his Semestria, that employment in the service of the Treasury
is a valid excuse from serving as guardian or curator so long
as that employment lasts. 2 Again, those are excused from
these offices who are absent in the service of the state; and a
person already guardian or curator who has to absent himself
on public business is excused from acting in either of these
capacities during such absence, a curator being appointed to
act temporarily in his stead. On his return, he has to resume
the burden of tutelage, without being entitled to claim a year's
exemption, as has been settled since the opinion of Papinian
was delivered in the fifth book of his replies; for the year's
exemption or vacation belongs only to such as are called to a
new tutelage. 3 By a rescript of the Emperor Marcus persons
holding any magistracy may plead this as a ground of exemption,
though it will not enable them to resign an office of this kind
already entered upon. 4 No guardian or curator can excuse
himself on the ground of an action pending between himself
and his ward, unless it relates to the latter's whole estate or
to an inheritance. 5 Again, a man who is already guardian
or curator to three persons without having sought after the
office is entitled to exemption from further burdens of the kind
so long as he is actually engaged with these, provided that the
joint guardianship of several pupils, or administration of an un-
divided estate, as where the wards are brothers, is reckoned