Paulus, On the Edict, Book XI. I am of the opinion that the fear of slavery, or any other of the same kind should be included.

Paulus, On the Edict, Book XI. These persons indeed, come under the Lex Julia, because they have accepted money to conceal a detected act of adultery. The Prætor, however, should intervene to compel them to make restitution, for the act is contrary to good morals, and the Prætor does not consider whether the party who paid is an adulterer, or not, but only the fact that the former obtained the money by threatening the latter with death. 1If a person takes money from me by threatening to deprive me of the documents which establish my civil condition, if I do not pay; there is no doubt that I am under compulsion caused by extreme intimidation, above all if an attempt is being made to reduce me to slavery, and if the said documents were lost, I could not be declared free. 2If a man or woman gives anything to avoid being compelled to suffer a rape, this Edict applies; since to good persons the fear of this is greater than that of death. 3In these matters which we have mentioned as coming within the Edict, it makes no difference whether anyone fears for himself or for his children; as, because of their affection, parents are more easily alarmed on account of their children than on account of themselves.

Paulus, On the Edict, Book XI. For an action will be granted against the others for the amount which has not been recovered from the party against whom the suit was brought.

Paulus, On the Edict, Book XI. Where a freedwoman is guilty of ingratitude against her patron, and is aware that she has been ungrateful; and thus, being in danger of losing her status, gives, or promises something to her patron to prevent her from being reduced to slavery; the Edict does not apply, for the reason that she herself is the one who caused the fear. 1Where any act has been performed on account of fear, the Prætor will not confirm it on the ground of lapse of time. 2Where a party gave possession of land which he did not own, the fourfold damages, or the simple value with the profits which he will recover, is not the value of the land, but that of the possession; for the estimate of what is to be restored is based upon what was lost, and, in this instance, it is the mere possession with the crops; which is also the opinion of Pomponius. 3Where a dowry has been promised through intimidation, I do not think that any obligation arises, since it is perfectly certain that such a promise of a dowry is equivalent to none at all. 4Where I have been compelled by intimidation to abandon an agreement for purchase, or rent, it must be considered whether the transaction is void or not and the former obligation remains in full force; or whether this resembles a release, because we cannot rely on an obligation based in good faith, as such a one is terminated when it is lost. The better opinion is that the case resembles a kind of release, and therefore a prætorian action will lie. 5If, being compelled by fear, I enter upon an estate, I think that I have acted as heir, because although if I had been free I would have been unwilling to do so; still, having been subjected to compulsion, I had the will to act; but I should get an order of restitution from the Prætor, that the power to reject the estate may be conferred upon me. 6If, having been forced to do so, I reject an estate, the Prætor can come to my relief in two ways; either by granting an equitable action as he would to an heir, or by allowing an action on the ground of duress; and I have the right to select whichever way I choose.

Paulus, On the Edict, Book XI. Or where the matter which is the basis of inquiry against him can be secured in some other way.

Paulus, On the Edict, Book XI. Can be sued; or where the property can be secured for me through another.

Paulus, On the Edict, Book XI. that is to say, not over two aurei,

Paulus, On the Edict, Book XI. To prevent the parties from profiting by their own deceit.

Paulus, On the Edict, Book XI. What would be the result if he should gain the consent of the plaintiff’s agent for the dismissal of the suit against him; or if he should have obtained money from his guardian by false representations; or if he had committed some other similar fraud which did not require any great duplicity?

Paulus, On the Edict, Book XI. The Prætor also requires that a statement should be made of what was fraudulently done, as the plaintiff is entitled to know in what respect he was cheated, so as not to express himself in a vague manner in an offence of such a serious character.

Ad Dig. 4,3,18ROHGE, Bd. 25 (1880), Nr. 83, S. 351: Haftung der Gesellschaft für dolose Kreditempfehlung eines Gesellschafters.Paulus, On the Edict, Book XI. Again, restitution is included in this action according to the discretion of the judge; and unless restitution is made, judgment shall be rendered in proportion to the amount involved. Hence in this action, and in the one based on intimidation, a certain sum is not specified, in order that the defendant, when guilty of contumacy, may have judgment rendered against him for the amount which the plaintiff may swear to in court, although, in both actions, by the interposition of the judge, this may be restrained by the taxation of the amount. 1The granting of this action, however, is not always left to the discretion of the judge, where it is evident that restitution cannot be made, as, for instance, where a slave, after having been fraudulently delivered, dies; hence the party ought to immediately be compelled to pay a sum equal to the interest of the plaintiff in the property. 2Where the owner of a house, whose usufruct has been bequeathed, burns it; an action on the ground of fraud does not lie, as other actions arise from this act. 3Trebatius grants an action on the ground of fraud in a case where a party knowingly lent false weights, with which a vendor might weigh merchandise for a purchaser. If, however, he furnished weights which were too heavy, the vendor can recover the excess of the merchandise by a personal action; and if he furnished weights which were too light, the purchaser can bring an action on sale for the delivery of the remainder of the merchandise; unless it was sold on the condition that it should be weighed with those weights, the party who lent them with the intention to defraud having alleged that they were correct. 4Trebatius states that a suit on the ground of fraud should be granted against a person by whose deceit a right of action was lost through lapse of time; not in order that restitution might be made by the judge, but that the plaintiff might recover damages for the interest he had in the right of action not being extinguished; because if other measures were taken the law would be evaded. 5If someone kills a slave whom you have promised me, many authorities justly think that an action grounded upon fraud should be granted against him; because you are discharged so far as liability to me is concerned, and therefore an action on the Lex Aquilia would be refused you.

Paulus, On the Edict, Book XI. Your slave who owed you money, and who had no means of making payment, by your advice borrowed money from me, and paid you. Labeo says that an action on the ground of fraud should be granted against you, because I could not avail myself of an action De Peculio, as there was no private property; nor does there seem to have been anything expended for the benefit of the master, since he received it in payment of a debt. 1If you persuade me that no partnership existed between you and the person of whom I am the heir; and I, on this account, permit you to be discharged from liability in court; Julianus states that I am entitled to an action on the ground of fraud.

Paulus, On the Edict, Book XI. For, in this Instance, the penalty for perjury is sufficient.

Paulus, On the Edict, Book XI. When I bring suit against you for a sum of money, and issue has been joined, and you persuade me falsely that you have paid the money to my slave, or my agent, and on this ground you have secured the dismissal of the case with my consent; we have asked whether an action on the ground of fraud should be granted against you, and it was held that an action of this kind could not be granted, for the reason that I could obtain relief in another way; for I could bring suit over again, and if an exception on the ground of a former judgment was interposed, I could lawfully make use of a reply.

Paulus, On the Edict, Book XI. Or which he would have received, if this had not been prevented by the fraud which he committed.

Ulpianus, On the Edict, Book XI. Sabinus is of the opinion that the heir is sued rather for the correction of an account, than for wrong-doing; and, in any event, the action does not imply infamy, and, therefore, the liability of the party should not be limited by lapse of time.

Paulus, On the Edict, Book XI. Unless where he obtains this favor from the Emperor for some good reason.

Ad Dig. 4,4,14Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 120, Note 3.Paulus, On the Edict, Book XI. It is evident that so long as he who purchased property from a minor, or the heir of said purchaser, is solvent, no decree should be granted against the party who purchased the property in good faith; and this also is the opinion of Pomponius.

Paulus, On the Edict, Book XI. Where the son of a family transacts business under the mandate of his father, he cannot claim the benefit of restitution; for if another had given him the mandate he would not be entitled to relief, as, under these circumstances, the party principally interested would be of age, and he would be liable to loss. But if, in the end, the minor suffered loss because he was not able to recover the amount which he had expended from the party whose business he transacted, for the reason that he was not solvent, the Prætor undoubtedly will come to his aid. If, however, the principal was a minor, and the agent the party of full age, the principal would not readily be heard, unless the business had been transacted by his order and he cannot be indemnified by his agent. Therefore, if a minor is taken advantage of while in the capacity of agent, the blame must be imputed to the principal who entrusted his business to a person of this description, and this also is the opinion of Marcellus.

Paulus, On the Edict, Book XI. Where any doubt arises with reference to a special mandate when restitution is applied for; the matter can be arranged by the introduction of a stipulation that the principal will ratify the transaction. 1Where the person who is said to have been imposed upon is absent, his defender should give security that the judgment will be complied with.

Paulus, On the Edict, Book XI. It is established that children, when they follow their father who has been arrogated, sustain a loss of civil rights, since they come under the control of another, and change their family. 1A change of condition evidently takes place where a son or other persons are emancipated, since no one can be emancipated without having been first reduced to a fictitious servile condition. The case is entirely different where a slave is manumitted, as a slave enjoys no civil rights whatever, and therefore he cannot change his condition:

Paulus, On the Edict, Book XI. A change of condition takes place by loss of citizenship, as in the case of the interdiction of fire and water. 1Those who desert lose their civil rights, and they are said to desert, who abandon the person under whose command they are, and place themselves in the class of enemies; and this applies to persons whom the Senate declares to be enemies, or renders them such by an enactment to the extent that they forfeit their citizenship. 2It should now be considered what things are lost by a change of civil status; and in the first place, with reference to that loss of condition which happens when citizenship is retained, and by which it is established that a party is not deprived of his public rights; for it is certain that the rank of magistrate, Senator, or judge is preserved.

Paulus, On the Edict, Book XI. Ad Dig. 4,5,7 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 437, Note 1.A change of condition does not deprive a person of the rights of guardianship; except in those cases where they are given to parties who are subject to the authority of others; and therefore guardians appointed by will, by law, or by a decree of the Senate will still remain such; but legal guardianships based on the law of the Twelve Tables are abrogated, for the same reason as legitimate inheritances, because they are given to agnates who cease to be such when their families are changed. Both inheritances and guardianships based upon new laws are generally so bestowed that the parties who receive them are designated by their natural relations; as, for instance, where decrees of the Senate confer inheritances on mothers and sons. 1Obligations arising from injuries, and actions derived from crimes, follow the individual everywhere. 2Where a party is deprived of freedom, he changes his condition in consequence, and no right of restitution can be granted against a slave, because a slave cannot be bound so as to be liable even in an action under Prætorian jurisdiction; but an equitable action will be granted against his master, as Julianus asserts, and unless he is defended for the entire amount, an order must be granted me to seize the property which he formerly held. 3Likewise, where citizenship is forfeited, there is no justice in admitting restitution against a party who has lost his property, and having left the city, goes into exile stripped of everything.

Paulus, On the Edict, Book XI. So that a woman, even after she has been emancipated, may bring suit.

Paulus, On the Edict, Book XI. Or anyone in similar circumstances;

The Same, On the Edict, Book XI. Where a man who offers to conduct the defence of an action for the recovery of land, loses his case, he has, nevertheless, a well grounded right of action to recover it from the possessor, so Pedius says.

Paulus, On the Edict, Book XI. Nor can suit be brought against them for corrupting a slave:

Paulus, On the Edict, Book XI. A substitution which has not yet taken place is not considered to form part of our property.

Paulus, On the Edict, Book XI. Legacies are considered as claims against an estate, although they begin to be payable by the heir.

Paulus, On the Edict, Book XI. When the Emperor grants the possession of property, he is also considered to grant any obligations attaching to it.

Paulus, On the Edict, Book XI. The Prætor considers the possessor of an estate under the Edict as taking the place of the heir in every respect.