4.1.151 to 4.1.154

(108) The rule was formerly different when the ancient method to procedure was employed, for when proceedings concerning a matter had once been instituted, no legal action could be taken with reference to it, nor was the employment of exceptions in those times customary, as it is now. (109) Moreover, an action may be founded upon law, and yet not be legal; and, on the other hand, it may not be founded upon law, but still be legal. For example, proceedings based upon the Lex Aquilia, Publilia ,or Furia ,when instituted in the provinces, are derived from the authority of the magistrate, and the rule is the same if we bring an action before several judges, or before a single judge if one of the parties is an alien; and, on the other hand, if an action in which all the parties are Roman citizens is brought at Rome before a single judge, for the same cause for which a right of action is granted to us by the Prætor, it will be legal. (110) In this place we should note that those actions which are based upon a statute or a decree of the Senate are usually granted by the Prætor in perpetuity; but that those which are dependent upon the jurisdiction of the Prætor himself are only granted within a year from the time when the cause of action arose. (111) Sometimes, however, he also grants such actions in perpetuity, as, for instance, those in which the Civil Law is imitated; such as the actions which he grants to the prætorian possessors of estates, and to other persons who occupy the place of an heir. The action of manifest theft, although it is derived from the jurisdiction of the Prætor himself, is granted without limitation of time, and this is reasonable, as a pecuniary penalty has been established instead of a capital one.