Callistratus, Monitory Edict, Book II. This Edict, so far as it relates to those who are included therein, is not much used at present, as justice is administered in the case of such persons by extraordinary procedure, based upon the decrees of the Senate and the Imperial Constitutions. 1Those persons are chiefly relieved under this head who are absent on account of fear; that is to say, where they were not deterred by alarm that had no foundation.

Callistratus, Monitory Edict, Book II. Those who are included who, without fraudulent intent, were absent in the service of the State. The expression “fraudulent intent” must be understood to have reference to a case in which a person who can return, does not do so and is not relieved, in case any wrong has been committed against him during his absence; as, for instance, where he remained away for the purpose of obtaining some substantial advantage for himself while he was absent in the service of the State, he would be deprived of this privilege.

Callistratus, Monitory Edict, Book II. Relief is also granted to anyone who is in prison, which not only refers to those who are in public prisons but also to persons who are kept in confinement by thieves, or robbers, or by the employment of resistless force. The term has a broader signification, for those also are considered to be imprisoned who are confined in stone quarries, because it makes no difference whether they are restrained by walls, or by fetters. Labeo thinks, however, that the term should only be understood to mean legal imprisonment.

Callistratus, Monitory Edict, Book II. Relief is also granted to those who are in slavery, whether, being freemen, they served as slaves in good faith, or whether they were simply detained.

Callistratus, Monitory Edict, Book II. Relief is also granted to him who is in the power of the enemy, that is to say who has been captured by him, for it must not be thought that any benefit is accorded to deserters, to whom the right to return is denied. Those, however, who are in the power of the enemy may be considered to be included in that part of the Edict, in which persons who have been in slavery are mentioned.

Callistratus, Monitory Edict, Book II. Where a field belongs to anyone by the right of purchase, proceedings cannot properly be instituted by an action of this kind before the field has been delivered, and possession of the same lost. 1An heir may properly bring suit for what is due to the estate, even though he may not yet have obtained possession of it.

Callistratus, Monitory Edict, Book II. Where the slave is in the power of one who is not his owner, and is said to have committed an offence, if he is not defended he will be taken away; and if his owner is present, he should deliver him up and give security against malicious fraud.

Callistratus, Monitory Edict, Book II. The heir should be interrogated in court with reference to what part of the estate he is the heir, whenever an action is brought against him, and the plaintiff is in doubt as to what share the person whom he intends to sue is heir. An interrogatory is necessary whenever the action is in personam, where suit is brought for a certain amount, as otherwise the plaintiff would be ignorant as to what portion of the estate of the deceased his adversary was entitled as heir, and sometimes he might claim too much and sustain some loss. 1We do not, however, make use of interrogatory actions at present, because no one can be compelled to answer anything with reference to his rights before the case is tried; and therefore these actions are less used and have fallen into desuetude. Only matters stated by the adverse party in court can be employed as proof by litigants, whether such matters relate to estates or to other things involved in judicial proceedings.