M. de Savigny then quotes a number of other examples to prove the maintenance, and even extension, of the functions of the defenders of the cities. "Other passages," he continues, "have reference to the _curia_, the decurions, and even to the citizens in general. The system of decurions, in general, is received in the _Breviarium_, with very few modifications, but merely great abridgement. To one passage of the text which casually mentions _adoption_, the interpretation adds, as a commentary, that it is the choice of an individual as a child, made in presence of the _curia_. The Visigothic jurisconsult, Graius, says, that _emancipation_, which formerly took place before the president, was, at the period at which he wrote, performed before the _curia_."
"The text determines by whom tutors were appointed at Constantinople, namely, by the prefect of the city, ten senators, and the prætor, whose duty it was to watch over the interests of the pupils: the interpretation substitutes in their place the judge, with the chief men of the town. The text speaks of the necessity of a decree to authorize the alienation of the property of a minor: the interpretation adds, that this decree must be obtained from the judge or the _curia_. The text ordains that, at Constantinople, wills should be opened by the same office that received them: the interpretation substitutes the _curia_ in its place. According to the text, donations should be registered either before the judge (the governor of the province), or before the municipal magistrate (the _duumvir_): the interpretation substitutes the _curia_ for the municipal magistrate--which does not, in reality, alter the sense of the law, but which proves what is demonstrated by many other passages, that the general point of view was completely changed; anciently the chief municipal authority, and especially jurisdiction, was considered, according to Roman maxims, to be a personal right of the magistrate: according to the interpretation, it belonged less to the _defensor_ himself, than to the _curia_ taken collectively. ... Under the emperors, the _honorati_, that is, those who had occupied high municipal dignities, had a seat of honour near the governor of the province when he administered justice; they were only expected to abstain from being present when their own causes were under consideration. The interpretation applies this to the curials; an application which is remarkable in two respects, first, because it proves that the curials were held in great consideration, and secondly, because this does not merely refer to the possession of a seat of honour by them, but to an actual participation in the jurisdiction of the municipal judge, that is, of the _duumvir_ or _defensor_. ... The text of the code ordains that, out of Rome, in order to pronounce sentence on a criminal accusation brought against a senator, five senators shall be chosen by lot: the interpretation makes this rule general, and requires five men to be chosen from the leading members of the same rank as the accused person, that is, decurions or plebeians, according to the condition of the accused person himself. Finally, the text ordained that every judge should receive his _domesticus_ or _cancellarius_ from the choice of the principal persons employed in his chancery: the interpretation retains the rule, merely substituting the burgesses of the city for the persons employed in the chancery."