3.1.144 to 3.1.146

(124) Moreover, the benefit of the Lex Cornelia is common to all, and by its provisions the same person is forbidden to become a surety for the same debtor to the same creditor, during the same year, for a larger sum of money than twenty thousand sesterces; and although sponsors or guarantors may bind themselves for a larger amount, for example, for a hundred thousand sesterces, they will still only be liable for twenty thousand. Again, we say that money which is lent under this law includes not only that which was actually loaned, but all certain to be due at the time that the obligation was contracted; that is to say, whatever is unconditionally included in the obligation, and therefore the money which we stipulate to be paid on a certain day comes under this provision, for the reason that it is certain that it will be due, although it cannot be collected until after the time has elapsed. All kinds of property are comprehended in this law under the term "money," and therefore, if we stipulate for wine, grain, land, or a slave, this law must be observed. (125) In some cases, however, the law permits security to be taken to an indefinite amount; as for instance, for the purpose of dowry, or for what may be due to you under a will. Security may also be taken by an order of court. It is also provided by the Lex Julia ,which imposes a tax of one twentieth on estates, that the Lex Cornelia shall not apply to the securities referred to in this law. (126) Under this rule, also, the condition of all sponsors, guarantors, and sureties is the same, in that they cannot be liable for more than their principal owes; on the other hand, however, they may be liable for less, as we have stated with reference to a joint stipulator; for as is in his case, their liability is also accessory to the obligation of the principal, and the liability of the accessory cannot be greater than that of the principal.