Pomponius, Various Passages, Book I. If anyone, bound to a person only by a natural obligation, should discharge a debt to his heir, the money must be paid over to him to whom the estate was left in trust.

The Same, Various Passages, Book I. Where a woman who, on account of some offence, had been sentenced to labor in the salt-pits, was afterwards captured by thieves belonging to a foreign nation, sold by the right of commerce, and then ransomed, was restored to her former condition, the price of her ransom should be paid by the Treasury to the Centurion Coccius Firmus.

Pomponius, From Various Passages, Book II. Where anyone trespasses upon the walls, he is punished with death; just as where anyone climbs over them by means of ladders, or in any other manner; since Roman citizens are not permitted to leave a city except by the gates; as the former is an act of hostility and abominable. It is said that Remus, the brother of Romulus, was killed because he wished to scale the wall.

Pomponius, On Various Extracts, Book IV. Where either a husband or a wife uses the slaves or the clothing belonging to the other, or lives gratuitously in the house of the other, such a donation is valid.

The Same, Various Passages, Book IV. Freedom is always considered to have been granted fraudulently with respect to creditors, when this is done by a person who knows that he is not solvent, even though it was granted to a slave who deserved it.

Pomponius, Various Passages, Book VII. Julianus states that an exception based on the Macedonian Decree of the Senate offers no hindrance to anyone except to a party who knew, or could have known, that he to whom he made the loan was a son under paternal control.

Pomponius, Various Passages, Book VII. Aristo replied to Neratius Appianus as follows: If a slave is directed to be free by will when he reaches the age of thirty years, and, before doing so, he is sentenced to the mines, and afterwards is released, there is no doubt that he will be entitled to the legacy left with his freedom, nor will his right be affected by his sentence to the mines. The rule is the same when the slave is appointed an heir under a condition, for he will become the necessary heir.

The Same, On Various Lessons, Book VII. Where a slave is ordered to be free as follows, “Let Stichus be free, if my heir does not alienate him,” even if he is to be free conditionally, he can, nevertheless, be alienated.

Pomponius, Various Passages, Book VII. Where a certain sum of money is promised as a donation, and it is probable that the resources of the donor will be exhausted to such an extent that he will have almost nothing left, an action should be granted against him for what he is able to pay, so that enough may remain in his hands to enable him to live. This rule ought, by all means, to be observed between children and parents.

Pomponius, Various Passages, Book VII. If, having stipulated with Titius, I accept you as surety, and afterwards I stipulate with another for the same money, and receive another surety, they will not be joint-sureties, for the reason that they are sureties in two different stipulations.

The Same, On Various Passages, Book IX. It is but just, and in accordance with the Law of Nations that no one, by the commission of an injury, can be enriched at the expense of another.

The Same, On Various Passages, Book X. Where a legacy is left to a female slave belonging to another, “provided she should marry,” Proculus says that the legacy is valid, because she can marry after having been manumitted.

The Same, Various Passages, Book X. If the usufruct of land is bequeathed, the action to compel care to be taken of the rain-water will lie for, as well as against the heir of him to whom the property belonged. If the usufructuary should suffer any inconvenience on account of some work which has been performed, he can sometimes avail himself of the interdict Quod vi aut clam. If the action cannot be brought by the usufructuary, the question arises whether equitable action should be granted him, as the owner, to compel the water to be taken care of; or whether he can also maintain that he has the right to enjoy the property. The better opinion, however, is that an equitable action to compel care to be taken of the rain-water should be granted. 1He who constructs a new work will not be considered to have restored the property to its former condition, unless he intercepts the course of the water of which complaint is made. 2But even if the usufructuary should construct the work by which the rain-water may cause damage to anyone, the legal action against the owner of the property will lie; but the question arises whether an equitable action to compel the water to be taken care of should not be granted against the usufructuary. The better opinion is that it should be granted.

Pomponius, Various Extracts, Book XI. An arbiter ordered the parties to appear on the Kalends of January, but died before that day, and one of the parties failed to be present. In this instance there is no question that the penalty was not incurred, for Aristo says that he heard Cassius state that where an arbiter did not himself appear, there was no ground for the payment of the penalty, and Servius also says that if the stipulator is to blame for not receiving the money, no penalty is incurred.

Pomponius, Various Passages, Book XI. It is established that an usufruct may be lost by want of use, whether it is that of a share or is undivided.

Pomponius, Various Passages, Book XI. Labeo says that if anyone who has a right to draw water should, during the time by the lapse of which a servitude is lost, go to a spring but not draw any water, he will lose the right of way also.

Pomponius, From Various Passages, Book XII. Whoever is unworthy of a lower rank is still more unworthy of a higher one.

Pomponius, Various Passages, Book XII. And not in the hands of him who holds the property constituting the peculium.

Ad Dig. 28,5,42Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 548, Note 16.Pomponius, Various Passages, Book XII. Tiberius Cæsar rendered this decision with reference to Parthenius, who had been appointed heir, as being freeborn, and who entered upon an estate while he was the slave of the Emperor; for, as Sextus Pomponius relates, the estate was divided between Tiberius and the person who had been substituted for Parthenius.

Pomponius, Various Extracts, Book XIII. The crops produced upon rustic estates are understood to be tacitly pledged to the owner of the land which is leased, even if there is no express agreement to that effect. 1Ad Dig. 20,2,7,1ROHGE, Bd. 6 (1872), S. 281: Pfandrecht des Vermiethers an den eingebrachten zum Verkaufe bestimmten Waaren des Miethers. Zeitweise und dauernde Bestimmung der Verwendung.Let us consider whether everything that has been brought or placed in a house is pledged, or only such property as has been brought to be kept there. The latter is the better opinion.

The Same, On Various Passages, Book XIII. Where anyone steals a bag containing money, he is also liable for stealing the bag, although he may not have had the intention of doing so.

Pomponius, Various Passages, Book XIV. If I lend money to your slave, and then purchase him, and, after having been manumitted, he pays me, he cannot recover the money.