De fideiussoribus positiones aliquot

...and leaves his heir bound.

XVII.

Moreover, it is a common rule among those who are bound for others that if they are brought into a more onerous cause, they are not bound at all. We have chosen to follow this Florentine and ancient reading, regardless of the correction by Haloander.

XVIII.

Truly, there is no doubt that sureties may rightly be accepted for a less onerous cause.

XIX.

Furthermore, a fideiussory action based on the stipulation is available to the creditor against the surety.

XX.

When this is initiated, several benefits provided by law exist to assist sureties: such as the benefit of order or discussion, of division, and the benefit of the cession of actions.

XXI.

For although under the old law the creditor was free to sue either the principal debtor himself or the surety first, this was subsequently amended by a new constitution of Justinian, so that today the principal is discussed first; if he is not solvent, the surety may then be sued.

XXII.

But this discussion of the principal debtor is not always necessary. For if it is notoriously established that he is insolvent, or if it is proved that the surety has expressly renounced this benefit, and in certain other cases, then the principal may be bypassed and the surety rightly sued.

XXIII.

Also, when several sureties are bound, all are [bound] in...