Scævola, Opinions, Book VI. The price is for the risk incurred, and resembles the case where you are entitled to receive what you paid and something besides, under a condition (even though it be a penal one) which was not fulfilled, provided it does not depend upon chance; for instance, one from which personal actions are accustomed to arise, as, “If you manumit a slave, if you do not perform a certain act, if I do not recover my health,” etc. There will be no doubt that if, in order to equip a fisherman, I give him a certain sum of money on condition that he will repay me if he makes a good catch; or if I furnish money to an athlete in order that he may exhibit himself and practice his profession; on condition that, if he is successful, he will repay it. 1In all these instances, however, where an agreement is made without a stipulation, it causes the obligation to increase.

The Same, Opinions, Book IX. A certain man appointed his sons his heirs, and bequeathed to his wife her clothing, her jewels, wool, flax and other articles, and added: “I wish the ownership of the articles above mentioned to pass to my daughters, or to any of them who may survive.” The question arose whether the usufruct, or the ownership of said property was bequeathed. The answer was that the ownership seemed to have been bequeathed.

The Same, Opinions, Book VI. “Let Seius and Agerius be my heirs, if within thirty days after my death they execute a bond to my town that they will be content with such-and-such a sum of aurei, and will renounce the benefit of the Falcidian Law; and I hereby substitute the said heirs for one another. If they should not comply with my wishes, let them be disinherited.” The question arose whether the appointed heirs, having been substituted under the same condition, could enter upon the estate if they refused to comply with the condition. The answer was that Seius and Agerius, who were appointed in the first place, could enter upon the estate, just as if the condition which had been fraudulently imposed had not been imposed at all.

Scævola, Opinions, Book VI, Gave the Following Opinion. You ask, if our Most Holy and Noble Emperor should restore anyone to his original birthright, whether he can enjoy all the rights of one who is born free. This does not admit, and never has admitted of any doubt, because it has been established that he who obtains this privilege from the Emperor is restored to all the rights of a person who is born free.

The Same, Opinions, Book VI. It was agreed between a creditor and her debtor, that if the hundred aurei which she had lent were not paid as soon as they were demanded, that the creditor should be permitted within a specified time to sell certain ornaments which had been given by way of pledge, and, if the proceeds of the sale amounted to less than what was due as principal and interest, the difference should be paid to the creditor; and a surety was furnished. The question arose whether the surety would be liable for the entire amount. The answer was, that, according to the facts stated, the surety would be liable only for whatever was not realized by the sale of the pledge.