[Vocabularius utriusque iuris]

to interest, although for paying interest there is no obligation by canon and civil law, and yet an oath made to pay them is to be kept. But the regular opposite is understood when the accessory and principal are regulated by the same reason at the same time, not changed by respect of the person. But those are not kept in promise and oath because a promise is made to a party, [but] an oath to God. And Lodovico of Rome said that he consulted himself because an accessory, even more precious than the principal, attaches to it, Digest De auctoritate et arbitrio, law "i si non licet", paragraph "Proveniamus", and law "Eum aux", and the end of the same title. And it makes for the question, if I bequeath to a woman the clothes that I made for her, that gold or silver ornaments of the clothes also come in the legacy.

¶ Acer (sour) and mucor (mold) are vices of wine and bread when it has approached [ripeness] and has molded.

¶ Actus (right of way) is a certain servitude by which he to whom it is owed has the right that he may drive his beast or vehicle through the field in which the servitude is owed, namely so that he may not only walk through it himself but also drive his beast and chariot with him, Digest De servitutibus rusticorum praediorum, law 1, paragraph "Actus" and law "Inter actum".

¶ Otherwise "actus" is taken for an operation, while it is said "the acts of the active are in the patient," a disposition of the soul, 1, question 1, "Per Isaiam", Digest Si quadrupes, "De damno", law 1, paragraph "Cum arietes" and Digest Ad legem Aquiliam, law "Si ex plagis", paragraph "Tabernarius", 1, question 1, because of divinity and medicine.

¶ Acta (acts/records) are called public scriptures of businesses that are done in judgment, containing the manner and figure of the order of them. Or they are also the processes or deeds of the court, and they are everything, Codex De iudiciis, last law, Digest De re iudicata, law "Actorum verba" and law "Paulus", which being lost can be proven by witnesses, Codex De fide instrumentorum, law "Emancipatione". And they do not prevail unless supported by the testimony of friends, chapter "Cum a nobis", De testibus. They ought to be written by a public person or two suitable men, chapter "Quoniam omnium", De probationibus, where original acts ought to remain with the writers, and he who shall have kept them violently cannot afterwards impugn them, chapter "Cum olim", De officio delegati.

There are, however, threefold acts, Digest De iudiciis, law 2. For some are acts ordering judgments, which prevail for the ordination of judgments, such as the libel,

the offering of the lawsuit, [or] the contestation. Some prevail for the investigation of truth and are called "investigative of truth," such as the deposition of witnesses, the production of documents, and the confession of parties. And some are decisive of the lawsuit, which prevail for the decision of the cause. Concerning these, Johannes de Area speaks in the aforementioned law 2, Digest Iudicium solutum. And acts are presumed by the judge to all have been celebrated rightly, De electione, "Bona", 1, De renunciatione, chapter "In praesentia". Also, acts made before a priest in a penal forum make faith before a secular judge, as in Authentica, Quis correctum, Codex De episcopis et clericis. And in the law "Si quis in hoc genere", Codex eodem titulo. And acts which ought to be done before a judge, if they are done before a notary, do not prevail, as noted by the gloss in law "finis", Codex De litium causis and the gloss in law "Hac consultissima", Codex De testamentis. Also, acts sometimes are called the place in which the judge resides, instructed to know concerning the cause, where acts are uncovered so that everyone may hear or see his deed and pursue his own merit, since the place is also otherwise called "law," Digest De iustitia et iure, law penult, paragraph "finis".

¶ Actor (plaintiff) is he who acts and strikes another, seeking something from him in judgment, De edendo, law "Intribus", Digest Finium regundorum, law "In iudicio". For in common judgments, one asks who is the plaintiff. He is, therefore, he who acts in his own name or who is constituted to act or defend the causes of a university or another, Digest Quod cuiuscumque, law 1. Also "Verborum", paragraph "Decuriones". Or he is called who is constituted by a tutor or curator before the lawsuit is contested, Codex De procuratoribus, law "Neque tutores", Codex De actibus tutorum vel curatorum, in the red and in the black. And it is regular that the plaintiff not proving, the defendant is absolved, law "Qui accusare", Codex De edendo, where the text says: "The plaintiff not proving, he who is summoned, even if he himself has provided nothing, shall obtain," 6, question "ult.", Actorum, Ut ecclesiae beneficia, chapter "Ut nostrum" and Codex De probationibus, law "Actor". It fails, however, in 15 cases in which the plaintiff not proving, the defendant is not absolved. See these cases in the gloss, Palladia, chapter "Ut nostrum". And the plaintiff ought to follow the forum of the defendant, chapter "Si clericus" and chapter, Codex Cum sit generale, De foro competenti.

¶ Actio (action) signifies in three ways: strictly, broadly, and most broadly. Strictly, it signifies the right of pursuing that which arises from an obligation. Broadly, it signifies while it signifies the jurisdiction of the judge, and thus...