Callistratus, Questions, Book I. When inquiry is made as to the interpretation of a law, it must in the first place be ascertained what rule the State formerly made use of in cases of the same kind; for custom is the best interpreter of the laws.

Paulus, Questions, Book I. A freedman presented a petition against his patron without concealing the fact that he was his freedman; and the question arose whether, if he obtained an Imperial Rescript in accordance with his wishes, the penalty of the Edict would be remitted? I have answered that I do not think that the Edict of the Prætor is applicable in this instance, for the reason that he who presents a petition to the Emperor or to a Governor, is not considered to have summoned his patron to court.

Paulus, Questions, Book I. Nesennius Apollinaris to Julius Paulus, Greeting. A grandmother transacted the business of her grandson, and after the death of both of them the heirs of the grandmother were sued by the heirs of the grandson in an action based on business transacted, but the heirs of the grandmother filed a claim for support furnished the grandson. Answer was made to this that the grandmother had furnished it out of her own property through natural affection, since she had not asked that the amount of the maintenance should be fixed, and that it had not been fixed; and moreover, it has been established that if the mother had furnished maintenance she could not recover that which he had provided out of her own property under the inducement of natural affection. On the other hand, it was stated, and I hold it to be correct, that this is the case where it is proved that a mother had furnished maintenance out of her own property; but in the present instance it is probable that the grandmother who transacted the business of her grandson supported him out of his own property. It was a subject of discussion as to whether the expense should be considered as having been paid out of both estates, and I ask what seems to be the more just conclusion? I answered that the decision in this instance depends upon the facts. For I am of the opinion that what has been established in the case of the mother should not always be observed; for what would be the effect if the mother had positively stated that when she was supporting her son, she did so in order to bring an action either against himself or his guardians? Suppose, for instance, that his father had died far from home, and that his mother, while returning to her country had supported her son and the slaves; in this instance the Divine Pius Antoninus established the rule that a suit on the ground of business transacted could be granted against the minor himself. Therefore, as the question is one of fact, I think that the grandmother or her heirs should be heard if they wish an accounting for maintenance, and especially so if it appears that the grandmother had entered the items in the expense account. I think that it by no means should be admitted that the expenses should be charged to both estates.

Paulus, Questions, Book I. Let us see then, where the heir has acquired possession of something, and has consumed what he obtained, will he cease to be liable, or will the fact that he once had possession of the property be sufficient? And if he should die after having consumed it, will an action absolutely lie against his heir, since he received an indebtedness with the estate; or will no action be granted because the second heir received nothing? It is the better opinion that, in any event, an action will lie against the heir of the heir; for it is sufficient that the property once passed to the original heir, and the right of action becomes perpetual. Otherwise, it must be held that the heir himself, who consumes what had come into his hands, will not be liable.

Paulus, Questions, Book I. A minor under twenty-five years of age having applied to the Governor convinced him, from his appearance, that he was of age, which was not the case; but his curators, as they knew him to be a minor, continued to conduct his affairs. In the meantime, after his age had been proved, and before he had completed his twenty-fifth year, certain sums of money that were due to the minor were paid to him, which he squandered. I ask who is responsible for the loss; for if the curators had been in error, and thinking that he had attained his majority, had relinquished the administration of his property, and rendered their accounts, would they have to assume the risk for the time which had passed after proof of his age had been established? I answered that those who have paid their debts are released by operation of law, and cannot be sued a second time. It is evident that the curators who, knowing the party to be a minor, persevered in the discharge of their duties, ought not to have allowed him to receive the money which was due; and on this account suit should be brought against them. If, however, they themselves accepted the decision of the Governor, and ceased to administer their trust, or even rendered an account; they are in the same legal position as other debtors, and therefore should not be sued.

Ad Dig. 16,2,21Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 349, Noten 9, 10.Paulus, Questions, Book I. Since it has generally been held that what persons owe one another is set off by mere operation of law, if the agent of a person who is absent is sued, he need not give security that his act will be ratified, because nothing can be set off, but a smaller sum can be demanded from him in the beginning.

Paulus, Questions, Book I. Latinus Largus: “I ask whether a slave can be returned to a surety of the vendor.” I answered that if the surety was taken with reference to everything connected with the sale, Marcellus thinks that the slave can be returned to the surety.

Paulus, Questions, Book I. A person acts in the capacity of heir, who signifies his intention of accepting an estate, even though he does not touch any of the property forming part of the same. Hence, if he should keep a house as belonging to the estate but which had been given by way of pledge, the possession of which was, in any way, held by the estate, he will be considered to have acted as the heir. The same rule will apply if he should retain possession of any other property as a part of the estate.

Paulus, Questions, Book I. The Divine Severus stated in a Rescript that the intervals of time prescribed with reference to continuance in office, are granted to such as are unwilling, but not to those who desire to remain, for no one should remain constantly in office.

Paulus, Questions, Book I. The Divine Pius stated in a Rescript that a decurion who had been convicted should not be subjected to torture. Wherefore, when anyone ceases to be a decurion, and afterwards is convicted, it is decided that he must not be tortured, on account of the memory of his former dignity.