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Pandects.
C.ij.
in consideration of him, in respect to whom they have legal standing original: "caput".
In the name of another, for above it was said concerning those things which are contracted in one's own name.
On guarantors and mandators. 1. 1. 74. A guarantor original: "fideiussor" is called one who is obligated in the name of another and takes upon himself the obligation of another, and as if bids that faith be given to another on his own credit. A mandator is he who asks a guarantor to guarantee, or a creditor to give credit to another. Guarantors are demanded from a debtor so that if the creditor cannot obtain [the debt] from the debtor, he may obtain the debt from the guarantor.
How it is dissolved, for above it was said how actions arise from stipulation.
On novations and delegations. 2. 1. 24. To novate is to transfer a prior debt into another obligation. To delegate is to give, in one's own place, another debtor to the creditor or to whom the creditor has ordered.
On payments and liberations. 3. 1. 106.
On acceptilations. 4. 1. 23. Acceptilation is named from "to carry as accepted." To carry as accepted is nothing else than to confess that one has received [payment] from someone.
Actions descending from Praetorian stipulations: for we have spoken about stipulations in general.
On Praetorian stipulations. 5. 1. 11. Praetorian [stipulations] are those which proceed from the mere office of the Praetor, such as for damage not yet done, of legacies, and aedilitian actions.
That the property of a ward or an adolescent will be safe. 6. 1. 12. Tutors or curators are bound to provide security that it will be so before they administer, except for testamentary ones.
On what is judged to be paid original: "Iudicatum solui". 7. 1. 21. One sued in the name of another was bound to provide security concerning the matter judged, concerning defending the matter, and that malice is absent and will be absent.
That the matter be held ratified and concerning ratification. 8. 1. 25. Which the proctors of the plaintiff and the defendant mutually demand from each other.
Actions, or obligations from maleficence, or criminal judgments: for above we have set forth the actions which descend from contract. These are either private or public.
| Private
On private delicts. 1. 1. 3. By which an injury inflicted upon a private person is avenged. These are either ordinary.
| Ordinary
On thefts. 2. 1. 94.
On a beam original: "tigno", namely taken by theft, and joined to a building, so that in this way the action of the owner seeking the beam is evaded. Under the name of a beam, we also understand tiles and stones. 3. 1. 2.
If anyone who was ordered to be free by testament is said to have stolen or snatched something after the death of the master and before the inheritance was entered. 4. 1. 3. Within a useful year, a judgment for double, namely, will be given.
Thieves against sailors, innkeepers, and stablemen. 5. 1. 1. An action is competent for us against those persons if anything is stolen in their ship, inn, or stable.
If a household is said to have committed theft. 6. 1. 6. The master is bound either to hand them over for the injury or to offer the valuation of the lawsuit for each individual.
On trees stolen. 1. Namely, cut secretly and without the master's knowledge. 7. 1. 12. With this action we will also act if the trees have been cut or girdled.
On things taken by force, and concerning a mob. 8. 1. 6.
On fire, ruin, shipwreck, and the plundering of a raft or ship. 9. 1. 12. Concerning those who are said to have snatched something for such causes.
On injuries and libelous writings. 10. 1. 45.
| Extraordinary
On extraordinary crimes. 11. 1. 8. For which, namely, no certain penalties are established, but which are committed to the judgment of the judge.
On extortion original: "concussione". 13. 1. 2. Extortion is said to occur when someone, by fear of judgment, magistrate, or power that he has, or by other terror, extorts money from someone.
On rustlers original: "abigeis". 14. 1. 3. Those who steal cattle from pastures or herds. He who steals a human being is said to commit kidnapping.
On prevarication original: "præuaricatione". 15. 1. 7. Namely, of him who aids the opposing party, having betrayed the cause of the one he defends.
On receivers. 16. 1. 2. Such as those who receive a malefactor in their own [house] or another's and provide him a means of hiding: they are punished with the same penalty as the robbers.
On bath-thieves. 17. 1. 3. Namely, those who steal the clothes of those washing in the baths.
On burglars, who escape after breaking a prison, and those who plunder houses, namely, or villas. 18. 1. 2. Under this title are comprehended those who dig through the houses or walls of another's buildings.
Of plundered inheritance. 19. 1. 6. Namely, by vindicating the crime from those whose interest it is that the inheritance not have been plundered.
On fraud original: "stellionatus". 20. 1. 4. A term we use to define a crime which is not due under another special name.
On a moved boundary marker. 21. 1. 3. This crime is punished by relegation or scourging.
On colleges and corporations. 22. 1. 4. Namely, those conducted without the authority of the Senate or the Prince.
On popular actions. 23. 1. 8. So called because they are competent to anyone of the people, such as are almost all extraordinary ones, of which [see] 3, by which public rights are defended.
Public.
On public judgments. 1. 1. 14. In which a public crime, which touches everyone, is tried.
Preparatory to judgments of this kind.
On accusations and inscriptions, by which we profess in writing what crime we intend. 2. 1. 22.
On the custody of defendants, who are accused, namely, and their exhibition, to be done by the keepers of records. 3. 1. 13. If by the fault of the keeper of records a defendant flees, he will be afflicted with the same penalty as the one who fled.
Capital.
On the Julian Law of Majesty. 4. 1. 10.
On the Julian Law concerning restraining adulterers. 5. 1. 44.
On the Julian Law concerning public force. 6. 1. 12. Which is committed with arms, namely; by this law he is held who gathers arms beyond necessary use, who initiates a plan of riot and sedition, or commits it.
On the Julian Law concerning private force. 7. 1. 8. That is, without arms, by which he is held who pushed another, took away a pledge, obstructed [someone] so that he would not go to judgment, etc.
On the Cornelian Law concerning assassins and poisoners. 8. 1. 7. Assassins are those who kill with any weapon whatsoever: the dagger original: "sica" is named from "to cut."
On the Pompeian Law concerning parricide. 9. 1. 2. By this [law] a parent who killed his son is also held.
On the Cornelian Law concerning forgeries and the Libonian Decree of the Senate. 10. 1. 33. By which are punished suborners of witnesses who were led to do this by promised gifts or money.
Pecuniary.
On the Julian Law of extortion original: "repetundarum". 11. 1. 9. That is, of recovered money, which someone accepted while in magistracy, so that he would not do his duty, or when he ought to have done it for free.
On the Julian Law concerning grain supply. 12. 1. 3. Namely, made more expensive through monopolies.
On the Julian Law of embezzlement original: "peculatus". Embezzlement is the interception of public money or other public property, and sacrileges and residues; by this is held, namely, he who retains money destined for public use. 13. 1. 15.
On the Julian Law concerning electoral bribery original: "ambitu". 14. 1. 1. By which is held he who in a petition for magistracy hired votes and a crowd for money.
On the Fabian Law concerning kidnappers. 15. 1. 7. By which is held he who suppressed a free person or another's slave: it differs from theft. Cujas [notes] here.
On the Turpillian Decree of the Senate, by which are punished accusers who bring false charges, prevaricate, or desist from an accusation, and concerning the abolition of crimes. 6. 1. 5. By abolition, a defendant is removed from the number of defendants.
On requiring the absent or condemning them. 17. 1. 5. Such as those who are contumacious.
On interrogations. 18. 1. 22. Or tortures by which the truth is sought.
On punishments. 19. 1. 4. That is, capital [punishments].
On the goods of the condemned. 20. 1. 6. Into the treasury, namely.