The Same, On the Edict, Book I. The right to order a bond to be executed by a prætorian stipulation, and to place a party in possession, rather belong to authority than to jurisdiction.

Ulpianus, On the Edict, Book I. It is permitted to all magistrates, with the exception only of Duumviri, to protect their administration by means of penalties in accordance with their official rights. 1He is presumed to refuse obedience to a magistrate having jurisdiction, who declines to execute what has finally been determined; as for example, where he will not allow someone to remove personal property from his possession, but permits it to be taken or carried away; and if he opposes the subsequent proceedings, it is then considered that he does not obey. 2If an agent, guardian, or curator refuses to obey a magistrate, he himself is punished, and not the principal or the ward. 3Labeo says that not only the defendant, but also the plaintiff, if he does not obey, is liable under this Edict. 4This suit is not for a sum which corresponds to the interest of the party who brings it, but is limited to the amount of damages sustained; and as it includes a mere penalty it is extinguished after the lapse of a year, and does not lie against the heir.

Ulpianus, On the Edict, Book I. Where anyone who is summoned, gives as a surety for his appearance in court a person not subject to the jurisdiction of the magistrate before whom he himself is summoned; such a surety is held not to have been given, unless he especially renounces his privilege.

Ulpinaus, On the Edict, Book I. He who conceals a fugitive slave is a thief. 1The Senate decreed that fugitive slaves shall not be admitted on land or be protected by the superintendents or agents of the possessors of the same, and prescribed a fine. But, if anyone should, within twenty days, restore fugitive slaves to their owners, or bring them before magistrates, what they had previously done will be pardoned; but it was afterwards stated in the same Decree of the Senate that immunity is granted to anyone who restores fugitive slaves to their masters, or produces them before a magistrate within the prescribed time, when they are found on his premises. 2This decree also granted a right of entry to a soldier or civilian on the estates of Senators or private parties for the purpose of searching for a fugitive slave, and, indeed, the Lex Fabia, as well as the Decree of the Senate which was enacted while Modestus was Consul, had reference to this matter. It is stated therein that where parties wished to search for fugitive slaves, letters should be given them addressed to magistrates, and a fine of a hundred solidi was established to be imposed upon the magistrates, if, having received the letters, they refused to assist the parties making the search; and the same penalty was inflicted upon anyone who refused to allow the search to be made on his premises. A general Rescript of the Divine Marcus and Commodus is extant, in which it is set forth that all governors, magistrates, troops and garrisons are obliged to assist persons who are searching for fugitive slaves, and to surrender them if they are found; and that any parties on whose land the slaves are concealed shall be punished if they are implicated in the crime. 3Every person whosoever who arrests a fugitive slave is bound to produce him in public. 4And the magistrates are very properly notified to detain them carefully in custody to prevent their escape. 5You must understand the word “fugitive” to include a slave who is in the habit of running about. Labeo, however, says in the first Book on the Edict, that the offspring of a fugitive female slave is not included in this designation. 6A slave is understood to be produced in public who is delivered up to the municipal magistrates or officers of the government. 7Careful custody permits the use of irons. 8The slaves must be held in custody until they are brought before the Prefect of the Watch, or the Governor. 8aInformation must be given to the magistrates of their names and marks, as well as the addresses of the party to whom any one of them says he belongs; in order that fugitive slaves may be the more easily recognized, and claimed. And in the word “marks” scars are also included. The rule is the same where these matters are brought to public notice by writing in a public place or in a temple.

Ulpianus, On the Edict, Book I. A Rescript of the Divine Pius is extant which refers to the heir of a magistrate, and states that, after proper cause is shown, an action should be granted against him; for if the negligence of a magistrate should be so great as to cause him to fail to take any security, it is but just that he should be held to occupy the position of a surety, so that his heir may also be liable. Where, however, he took security, and the sureties at the time were solvent, but afterwards ceased to be; just as the magistrate himself can very properly refuse to answer in such an action, so his heir can refuse with even more justice. Finally, an action should not be granted against the heir of a magistrate, unless it is evident that the latter accepted sureties which were not perfectly solvent.

Ulpianus, On the Edict, Book I. Where the imminence of threatened injury demands celerity, and delay seems to the Prætor to be dangerous, and, on this account, he reserves jurisdiction for himself, he will act very properly if he delegates his authority to the municipal magistrates of the district.

Ulpianus, On the Edict, Book I. If the time for furnishing security has elapsed, it is the duty of the Prætor or the Governor, after a hearing, either to hold the party liable, or release him; and, if the latter requires a local investigation, to send the case to the municipal magistrates for a decision. 1If security is not furnished within the time fixed by the Prætor, the complainant should be placed in possession of the property, and by the term “property” is understood either all of it, or a portion of the same. 2If the other party is unwilling to permit his neighbor to obtain possession, can he be compelled by the magistrate to furnish pledges? I do not think that he can; but he will be liable to an action in factum, for if he is not permitted to take possession after having been sent by the Prætor, he should have recourse to the above-named action. 3Therefore, the Prætor or the Governor directs municipal magistrates to do two things; namely, to require security, and to grant possession; the other matters he reserves for his own jurisdiction. 4If there is a delay in giving security, not the duumviri but the Prætor or the Governor should grant permission to take possession (which is usually done where proper cause is shown), and the same rule also applies where, after proper cause has been shown, possession is relinquished. 5The Prætor says, “Where the party upon whom notice must be served is absent, I order that the notice shall be left at his residence.” He is considered to be absent who does not appear in court; which opinion Pomponius approves. Moreover, the Prætor directs that the notice shall be served without rudeness, and not that the defendant shall be forcibly removed from his house. However, by the words, “The notice must be left at the house where he resides,” we must understand that it must be served upon him there, even if he lives in a house belonging to another. When he has no domicile, the notice must be served on the premises, either upon his agent or the tenant. 6Whenever the Prætor requires notice to be served, this means if there is anyone upon whom service can be made. If, however, no such person can be found, for example, because the house belongs to an estate which has not yet been entered upon, or if there is no heir, and the house is not inhabited, this Section of the Edict will not apply. The safer plan, however, is to attach a written notice to the house itself, for it may happen that in this way someone, having been notified, may appear for the defence. 7If the judge should neglect any of the matters mentioned above, judgment will be granted against him for the amount of damages sustained through not requiring security to be furnished against threatened injury. This does not have reference to the amount that might have been recovered, but only for the interest that the plaintiff had in obtaining security, and is imposed for the benefit of the latter, and not as a penalty. 8Again, this action is dependent upon a certain condition, that is if application was made to the judge, but where this was not done, suit cannot be brought against him. We say that the demand for security is properly made when application is made in court, and not elsewhere. 9Where the town in which application is to be made is so near the City of Rome that if the magistrate does not intervene, the Prætor or the Governor can be applied to, it may be said that this action will not lie against the magistrate, for it is just as if the complainant had no interest, since it was in his power to ask to be placed in possession by either the Prætor or Governor. 10Moreover, this Section, which has for its object the pursuit of the property, is granted both in favor of and against an heir, and is a perpetual one.

Ulpianus, On the Edict of the Prætor, Book I. If a freeman is arrested as a fugitive slave, he can bring an action for injury against the person who seizes him.

Ulpianus, On the Edict, Book I. If suit is brought several times for the same cause, when the same act is involved, the ordinary exception of res judicata can be pleaded. 1In popular actions, the party in interest is given the preference.

Ulpianus, On the Edict, Book I. All popular actions are not granted against heirs, nor is the right to bring them extended beyond the term of a year.

Ulpianus, On the Edict of the Prætor, Book I. When two municipal magistrates discharge the duties of a single office, they are regarded as only a single individual, and this privilege is generally granted them by municipal law; but even if it is not, it is customary for this rule to be observed, provided there is no enactment to the contrary.

Ulpianus, On the Edict of the Prætor, Book I. The magistrates of a city are not only liable for fraud, but also for gross negligence; and this is especially the case where diligence is required.

Ulpianus, On the Edict, Book I. The following words, “If anyone,” include males as well as females.

Ulpianus, On the Edict, Book I. Anyone who commits an act against the order of the Prætor is properly said to have violated the Edict. 1He has the right to refuse an action, who can also grant it.