[Vocabularius utriusque iuris]

he intended to carry the thing. If such a person is apprehended, or when he is seen and a meeting occurs to apprehend him, even if he threw away the stolen thing and fled, he is held for manifest theft. Law "If anyone", paragraph "Census", Digest On the same, unless the status of the thief changes, as if you stole from me in servitude and having been manumitted you are apprehended with the stolen thing, or if you brought it to where you destined, you are held for non-manifest theft; for then you are apprehended with the stolen thing after you had brought it to the place where you had destined to stay on that day with the stolen thing, then you are a manifest thief. All these things are said in Digest On theft, and regarding the previous [title] in the same place, law "Vulgar". Truly, he who steals a part of a heap of grain commits theft of the whole heap, and the action for manifest theft is given for the quadruple, Institutes On obligations which arise from malfeasance, paragraph "Penalty of manifest".

¶ Action for non-manifest theft competes whenever the theft is proven not to be manifest in the aforementioned ways. Digest On the same, law "Manifest", Institutes On obligations which arise from malfeasance, paragraph "Nor manifest". And even if you saw the theft but you hid yourself when he was doing the theft so that he would not kill you, then it is not manifest. Digest On the same, law "If anyone in servitude", paragraph "The rest". And this action is given for the double, Institutes On obligations which arise from malfeasance, paragraph "Penalty, also".

¶ Hereditary actions are called those which pass to the heirs or against the heirs, according to Azo. Also those which begin from the heirs or against the heirs. But so that it may be fully known what passes to the heirs or not, distinguish: either the action arises from malfeasance or quasi-malfeasance, or from contract or quasi-contract, as Azo pursues in his summary of the same title, and according to Placentinus in his summary of the same title. By these actions are convened those who succeed in the right, and not those who succeed in the thing, such as donees or legatees.

¶ Action in factum against a judge who made the lawsuit his own is given against a judge who through ignorance judged poorly, in how much he judges [according to] the religious sense, he will be held to be from quasi-malfeasance, Institutes On obligations which arise from quasi-malfeasance, in the beginning, and Digest On various and extraordinary cognitions, law at the end. But if he judged from evil deceit, he is held from malfeasance by an action in factum or an action...

for deceit for all the interest of him whom he harmed, and he is infamous. Also he is held for the crime of forgery, which is contained through the penalty of deportation or capital punishment, according to Azo. This is proven, Code On the penalty of those who judged poorly, law 2, and note there in the final gloss, joined with the new authentic right placed there, and law "If a son of the family", Digest On judgments. An ecclesiastical judge, however, judging poorly for grace or for bribes, is suspended from the execution of his office for a year, to be condemned for the estimation of the part which he harmed nonetheless. And if during the suspension he thrusts himself into divine [offices], he is irregular, and he is not dispensed [except] through the apostolic power, in this [matter], concerning the judgment, book 6.

¶ Action in factum concerning that which is owed in a certain place. Where something is promised to be given in a certain place, if the judgment cannot be constituted in that place, a certain arbitrary action is introduced, so that it can also be acted in another place. For the praetor judges it to be inequitable not to be able to convene the debtor in another place than in the place destined for payment. And this arbitrary action by its nature is of strict law, in which having considered other actions of strict law, whatever would have been omitted should be held omitted; nevertheless, in it comes also whatever seemed equitable and just to the religious sense of the judges. And because of this, this action is called arbitrary and irregular, because it is against the nature of other actions of strict law, and this is what the gloss says in the rubric of Digest On him who in a certain place owes something, an irregular action.

¶ Action in factum from the praetor's edict concerning alienation made for the sake of changing a lawsuit is given to him in whose fraud and illusion the alienation was made, and to his heirs against him who alienated the thing, whom he convenes for the interest of how much it matters to the plaintiff, before the ordinary or delegated [judge], which goss[ip] in the summary On alienation of lawsuit made for the sake of change, and the same 1, the same title in the gloss.

¶ Action in factum concerning the deceit and theft of those whose service someone uses [in] an inn, or a ship, or a stable, is given against those who preside over the inn, or the ship, or the stable, who utilize the service of bad men; they are held in the double of what was committed by their deceit or theft in these.