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regarding the prohibition of officials forcing a mother of a family from her own home into public view.
That all judges, whether civil or military, after their administration is completed, must remain for 50 days in the cities or designated locations, publicly and before the faces of all whom they governed, so that the opportunity is open to everyone to freely accuse them of their thefts and even their crimes. 50.
On the office of one who holds the place of any judge or governor. 51.
On the assessors of any judges, that is, what kind of people they are who sit with judges to provide them with advice, who are therefore called consiliarii counselors, [along with] household staff, wife, children, and family, and the chancellors of judges, that is, scribes, clerks, notaries, summoners, lictors, and attendants. 52.
On annonae provisions, annona being derived from "year," signifying a yearly maintenance as it were: here it is furnished for things pertaining to food and clothing. And on capitatio head-tax; some read it capitu. Now, capitatio is a tax that was imposed according to the number of iugera acres or heads referring to people or units of land that were on a iugum yoke/tax unit: here it is taken for the fodder of pack animals and mules, for those serving or for the assessors, or others performing public duties, or those who obtain some dignities. 53.
On contracts of judges or those who are around them, and the inhibition of making donations to them, and that they should not build their own houses during the time of their administration without a pragmatic sanction 54, unless this has been specially granted by the Prince.
On the measure of fines. A mulcta fine is a pecuniary coercion inflicted at the discretion of the judge, which are imposed by judges. 55.
In municipalities and individual cities.
On the defenders of cities, 56. these obtained a power similar to the Tribunes of the plebs, and previously they were taken from the defenders of the common people and the lowly, and from the plebeians.
On municipal magistrates, 57. who were for the most part duumviri two men/joint magistrates, and were taken from the order of decuriones local senators. Their power was greater than that of the defenders.
On the office of the iuridicus legal official of Alexandria. 58. Of the city.
LIB. II.
ON PRIVATE LAW, which is rendered in judgments. Some judgments are civil, others criminal. From the beginning of this book to the end of the eighth, civil [judgments] will be discussed; on the ninth, criminal ones. Judgments consist of three persons: the judge, the plaintiff, and the defendant. I have said much about judges in the previous book, and I shall say something about them at the beginning of the 3rd book. Let us see the parts of the plaintiff and defendant before they are involved in the actual act of judgment.
The Plaintiff.
On the edict referring to the process of notifying the defendant of the action, 1, that is, on the action to be declared and demonstrated to the defendant, which we intend to use against him in the future lawsuit. This title, "On the edict," is placed before the title "On summoning to court," unlike in the Pandects, and it is better: for judgments should not begin with a violent summons to court, but rather with the declaration of the action.
On summoning to court, 2, that is, the adversary, to the judge before whom we intend to pursue our right; today this is usually done by summoners.
Defendant and Plaintiff,
On the agreement. 3.
On transactions. 4.
On calculation errors. 5. [In] accounts. Error is often committed in agreements and transactions.
On applying to court referring to the right to represent others or oneself. 6.
On the advocates of diverse judgments, 7. In some copies, the title "On the advocates of diverse judgments" is appended to this title.
On the advocates of the fiscus imperial treasury. 8.
On the error of advocates or those composing petitions/memorials. 9, that is, of scribes and referendaries.
That the judge should supplement what is lacking to the advocates of the parties, which is done, that is, as often as something has been omitted by the advocates concerning the right of the person whose case he is conducting. 10. And let him judge accordingly.
On the causes for which infamia disgrace/legal loss of standing is inflicted on someone. 11. Infamous persons cannot be advocates.
On procuratores proxies/agents. 12. Who manage others' business with a mandate and attend to others' cases with diligence and work, as advocates do with voice and counsel. Nor does infamia prevent someone from being a procurator, which is not the same for advocates.
Lest calumniators... although below in title 58, as the last of this book, it will be said about giving an oath because of calumny: nevertheless these following titles seem to prevent the defendant from being dragged into court by an adversary who is begging for and feigning the patronage of another, as if by some calumny.
Lest it be permitted for the more powerful to provide patronage to litigants or to transfer actions to themselves. 13.
On those who affix titles to estates in the name of the powerful, in whose name they are sued, or who put forward their names in a lawsuit. 14.
That no private individual should place titles on their own or another's estates, or hang the portrait of the Prince or his children. 15. Otherwise the estate will be claimed by the treasury.
That it is not permitted to anyone without the authority of the judge, that is, by one's own authority, to place signs on things that another holds, that is, possesses. 16.
Lest the treasury or the Republic provide a proxy for the sake of patronage in a lawsuit. 17.
On the business of others managed. 18. In court or outside by one who did not have a mandate.
On restitution to the original state. To restore is to set back, or as it were, to revoke to the original state that which was done with some injury. For restitution replaces and revokes everything that the injury removed. These are competent to us:
By right of action, although some refer these two following causes of restitution to the office of the judge.
On things done because of force or fear. Fear is trepidation because of imminent or future danger. 19.
On dolus malus evil deceit. 20. Dolus malus is all cunning, fallacy, or machination used to circumvent, deceive, or defraud another.
On the office of the judge.
This age of minors is subjected to many cautions, the guardianship of which the Praetor therefore undertook.
In general, on the restitution to the original state for minors [under] 25 years [of age]. 21.
Whether the restitution given to a minor can benefit other persons.
On a minor son of a family. 22. Restitution granted to a minor does not benefit his father.
On the sureties of minors. 23.
Restitution granted to a minor does not benefit his surety.
If a tutor or curator has intervened. 24. And he has been circumscribed defrauded/cheated, he will seek restitution to the original state, so that the thing may be restored to him, and a personal action will be given to him against the tutor. If restitution to the original state is requested in a common and same cause. 25. Restitution granted to a minor does not benefit a major who has a common thing with the ward, which the minor seeks restitution for.
Causes for which restitution is given, and persons against whom the minor seeks restitution.
If against a judged matter. 26.
If against a sale. 27.
D.ij.