a Rubric. On the law of the treasury: the treasury is increased by the occasion of crimes, as the previous book stated. Therefore, we speak of its law. Or he says that by public law, even crimes now also make goods to be sought by the treasury, and these are offered, as this is not the public law itself in another respect. As in the Digest, on Justice and Law, book 1, section "public." Also, the treasury is the emperor himself or the emperor's chamber. I do not say the patrimony of the emperor. As in the Code, on those who have recourse to the emperor, well by Zeno, in the beginning. Whatever the treasury has of specificity from the Caesar and the Augustus, that is the custom. Digest, on the treasury, last section. And on the lex and the senate, against the prince, as the fiscal [treasury] has succeeded in place or by reason of the matter. As in the Digest, on the office of the prince, book 1. And it is called the fiscus, as if "fiscus" purse/basket, that is, firm, because it is always rich and solvent. As in the Digest, on funds, book 2. Also, how does this title differ from that on fiscal privileges? In this, the treasury has a special law, and what the treasury has is said to be of privilege. As in the following, book 1 and numbers 1 and 3, and others of special law. As in the law "prohibited," which has only of privilege. Also, here this is general to all following, and thus it appears how it differs from that on vacant goods, because it has a genus, and is fiscal, as on these, and as in restitution in integrum, which are general to the following. Accursius.

Of the Code of our Lord Justinian,

the most sacred prince, ever

August, the second

reading, begins book ten,

On the Law of the Treasury. Rubric.

b I. Before. This is if it were revoked later by a hypothecary action, however the alienation was made. As in the Digest, on fraud, in the beginning, and as on fiscal privileges, book 1, "with the father."

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c Bound. Personally, from the extraction or as if, and through this the goods are tacitly held. As in the Digest, on the same, book "he will take away," section "fiscus." It was not seen to be drawn into the favor of the treasury, the obligation to past alienated things, which is removed here and as in on fiscal privileges, book 1, "of debtors," and on goods of the proscribed, "if anyone hereafter," section penultimate. Accursius.

d Perfected. Prefect, whether even without delivery. As this section, on donation, on alienation. It is here finally made with delivery, otherwise it would fall into the obligation if the edict were not there. As in the Digest, on the sale of goods, "which often," section "if the thing."

e Proven. How is it proven? For the donee was being enriched by the hypothec, whence he himself proves if it is then contrary. Digest, on pledge, "what is not yet," section "where the creditor must prove the thing was in the goods of the debtor." The solution is: this is special to the treasury, or the defendant proves it by the very fact that he does not prove it contrary. Thus, he who cannot on his own [case]. Or more truly, both sides admitted the thing was the father's who donated; it is well presumed to have lasted until the contrary [is proven] with the treasury. As in the Digest, on rules of law, "the thing that no one," and as on proof, "if you possess." And according to this, say what you say on fraud of creditors. By this reason it cannot be revoked since it was not done in fraud of creditors, as they did not yet exist. Or say the case is that which is acted upon by the Paulian action against the donee, and it cannot be for the same reason, because it was still owed to the treasury, and then the fraud itself would suffice, just because he has a lucrative title. As in the Digest, on those in fraud of creditors, "what however," section "if only." Or say the action is through an action in fact against the heir of the alienator, of whom you have, Digest, on those in fraud of creditors, book 1, section 1, in the end, and the law. Digest, on those in fraud, which can be acted upon, but not antiquity because he did not acquire through the donation an emolument. As in the Institutes, on actions, section last. Digest, this is so, as in Digest, on those in fraud of creditors, book 1, in the end, which is acted upon in this case not when there were no creditors yet. Then it is asked whether the donation is rescinded because the agent can [reclaim it]. It is not seen to be rescinded because it is according to the mind of the agent. Thus, Code, on those who [are] as mendicants, book "polla." Also, note here that what is done legitimately from a supervening cause is not rescinded or vitiated. As as in, on medicines.

I. Before the treasury
was later revoked by a
hypothecary action, however
the alienation was made. As
in the Digest,
on the same, on fraud, in the
beginning. And as on fiscal
privileges, book 1, "with the father."

ma. law 3, section "donation," as in marriage, book "on things," and in Digest, against the Cornelian law on forgery, book 1.
f Creditors. Present, since he did not have them then. Law "these paid."

i Computation. That is, to have or to render a reckoning. Digest, on [the] company, and on law, "with them." And they are called tabulars notaries/clerks because they were sent with the susceptors tax-receivers to the provinces. As in the Digest, on susceptors, book "two." And their office is to manage the frequent mode of debtors, and the remainder, not

l To account as here. And following, on number, action, and papers, book 1, book 2. Therefore, the computation of these tabulars is not valid, as I say, unless it has been approved by the procurator, that is, by the president of that province. As in the Digest, on public accounts, book 1. Or say the procurator of Caesar later acknowledging between the treasury and the private party concerning this computation when the treasury asks anew. As in the Code, if against the treasury, book 2. And this is true if it was done by error, to which, Digest, on those without end of appeal, book 1, section 1. But then, if the sum of the procurator was given by error, does it avail? I answer, no. Thus, as

Instar equivalence/standing
cannot be obtained in the
matter of the thing judged.
The computation made by
tabulars does not avail
unless the sum of the
procurator has been
approved.

t Slave. Calendar, book the only one, unless the error was expressed. As on law, "which sum without appeal," book 1, section 1. Or say that even if there was no error here by the tabulars, still it does not avail because it was not their office but this. Also, if a computation is badly made, even from him who can compute [it], it must be returned up to 20 years, this by error. This is if by grace, then up to 10. As in the Digest, on administration of matters for the city, book "calculi." Also note Bartolus: if one, through a legatee, when he was not [one], took the sum, and he who could have [made] the legate ratified [it], that it avails. This on the edict, as note in Digest, on the judiciary, book 1, book 13. Also to that question: if three were selected and two, in the absence of the third, judge in their own and the absent one's name, that he can hold it ratified. Argument, on that, book 13. Also through Bartolus, Digest, on the thing judged, "two," section "all." Digest, on arbiters, "as," because I think it true that he cannot be asked into public prejudice and hold the other's [decision] as ratified, unless even his own proper [decision], as in the procurator. Also note that it must be done through the judge, not through the notary, to be expedited. Here, section on the law, from the preceding, and note that this law.

n The treasury has all law.

Immovables.
Therefore,
because the thing is fit
to be defrauded
by the buyer, or by grace
which things were
obligated by the treasury,
having been sold,
let my procurator
restore the due
quantity to him who
brings [it] forward,
those estates he will
order. The Emperor.

o Owed to the treasury, the payment which he has.

p Immovables. On the tacit hypothec. As in the Code, if against the treasury, on public property, book 1. Or someone singular on death, where even a tacit hypothec [exists]. As in the Digest, on the same, book "he will take away," section "fiscus." Also, of pledge, if the treasury sells, to find the lords, for what is the debt, and what is the cessation in paying, and that the buyer be of good faith, because here he was not, and other formalities. As in the following, on instruments and law, this is, book "n." And as above, on public property, book 1, 2. And this against the treasury, book "the last," otherwise revoke the thing as here, and on the same, book.

q h Directly. Even this is half the just price, since it is by deceit or by grace. As above, on the rescission of sale, "if anyone."

r In fraud. This was fraud, as he sold or sold at a cheaper price by grace and without the buyer's deceit, all still are vitiated. As on the same, book "if anyone." Through that and by grace it must be held to be done by deceit by the buyer. Argument, the treasury. And say it came through the procurator of the treasury or from the treasury.

s k By the treasury. Within such time, through the cessation. Return. In a year, say as note, Code, on that, if against the treasury, on public property, book 1, section 1. In another [way], say the treasury, in another, the creditor. As in the Code, on the law of donation, in the beginning, book "the last," section 1.

Cognizance.
Action. Half the just price, since it is by deceit or by grace. As
above, on the rescission of sale, "if anyone."
A woodcut depicts a round library stamp at the bottom center with the text "BIBL. PUBL. BASILEENSIS." surrounding a central crest.

v l To him who brings forward. That is, he who brings forward, that is, he will pay what he had owed, this to whom, namely, the buyer. As in the Digest, on the vindication of a thing, book "buyer," and section, on the sale of a pledge, "act," book 1. Even against, not to the buyer, and thus the treasury. As above, on the prescription of 20 years, book 1, in the end. And in the following, section "procurator," this without decree not alienated, book 1, in the end, on the same. This through the procurator is made for this utility of the debtor, because it was owed to the treasury, then the buyer [must be] the one bringing [it] forward.