The Same, Opinions, Book VIII. Where the contract for a pledge is void or worthless, there is no ground for the retention of the pledge by the creditor, not even if the property of the latter belongs to the Treasury.

Ad Dig. 20,5,6Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 248, Note 27.Modestinus, Rules, Book VIII. Where a second creditor purchases a pledge from the first, he is understood not to have paid him the money for the purpose of acquiring the ownership of the same, but to hold the property in pledge for his own benefit; and therefore the money can be tendered to him by the debtor.

Modestinus, Rules, Book VIII. The rank, the integrity, the manners, and the gravity of witnesses must be taken into consideration, and therefore those who make contradictory statements, or who hesitate while giving their evidence, should not be heard.

Modestinus, Rules, Book VIII. The slaves should first be put to the torture, and if they confess should then be interrogated, in order that it may be ascertained at whose instigation they committed the crime.

Modestinus, Rules, Book VIII. Most authorities are of the opinion that an adoptive father does not exclude the mother.

Modestinus, Rules, Book VIII. A condition which has reference to the past, as well as to the present time, either annuls the obligation immediately, or does not, under any circumstances, defer its performance.

The Same, Rules, Book VIII. Just as a release annuls all preceding actions up to that time, so merger produces the same effect; for if a debtor becomes the heir of his creditor, the merger of the estate annuls the action to recover the debt.

Modestinus, Rules, Book VIII. The penalty for the removal of boundaries is not a pecuniary fine, but should be regulated according to the social position of the guilty parties.

The Same, Rules, Book VIII. He who desires to bring an accusation of adultery, and makes a mistake in the information, is not forbidden to correct it; provided that the time has not passed by which the right to proceed is extinguished.

Modestinus, Rules, Book VIII. Under the Volusian Decree of the Senate, those who improperly assemble in order to manifest opposition to a lawsuit of others, and agree that anything obtained from the parties by condemnation shall be divided among them, are liable under the Julian Law relating to Private Violence.

The Same, Rules, Book VIII. When an infant or an insane person commits homicide, he is not liable under the Cornelian Law; for absence of intention protects the one, and his unhappy fate excuses the other.

Modestinus, Rules, Book VIII. He declares that those who have given conflicting evidence between themselves are liable under the terms of the law as having committed forgery. 1It was also decided that he who gives false testimony against his own seal, is liable to the penalty for forgery. With reference to the impudence of a person who has testified differently in favor of two persons, and whose faith is so double and vacillating, there is no doubt whatever that he is liable for the crime of forgery. 2He who falsely represents himself to be a soldier, or makes use of decorations to which he is not entitled, or travels under a forged permit, should be severely dealt with, according to the nature of the offence committed.

The Same, Rules, Book VIII. A slave who is to be free under a condition, and who has been convicted of crime, will be entitled to the privilege of expecting his liberty, so that on account of the uncertainty of his status he will be punished as a freeman, and not as a slave.

The Same, Rules, Book VIII. When anyone is condemned to the mines without a definite time being stated, because of the ignorance of the judge who imposed the sentence, the term of ten years will be understood to have been intended.

The Same, Rules, Book VIII. Where two separate decisions have been rendered in a single case, for example, one with reference to the principal and the other with reference to the interest, two appeals will be necessary, lest it may be understood that the party accepted one, and appealed from the other. 1When a guardian, appointed for a ward, appeals, a curator will be appointed for the ward in the meantime. If, however, the authority of the guardian should be necessary, as, for instance, for the acceptance of an estate, a guardian will necessarily be appointed, as the authority of a curator is not sufficient for this purpose.

Modestinus, Rules, Book VIII. Whenever a judge is appointed by the magistrates of the Roman people, no matter of what rank they may be, even though this was done by order of the Emperor, and he may have designated the judge by name, an appeal can be taken to the magistrates themselves.

The Same, Rules, Book VIII. The same person is not forbidden to undertake several embassies; above all, where he pays his travelling expenses himself. 1Where suit has been brought against anyone before he assumed the duties of an envoy, he ought to defend it, even if he is absent, but where he has once undertaken such duties, he is not required to do so, unless in the performance of his official functions.

Modestinus, Rules, Book VIII. The correction of an error in calculation can be made even after ten or twenty years. 1When, however, accounts are proved to have been examined and accepted, mistakes in them cannot be corrected.

The Same, Rules, Book VIII. Although the word “capital” may appear to all those who speak Latin to have reference to reputation; still, this term should be understood to apply only to death, or loss of citizenship.

The Same, Rules, Book VIII. Some privileges are real, and some are personal. The former are transmitted to the heir: those which are personal do not pass to him.