4.1.26 to 4.1.28

[1] Original manuscript illegible. was usually only fifty, and not five hundred. Then, after the judge had been appointed, the parties gave notice to one another to appear before him on the third day following. Finally, when they came into court, and before the case was argued, it was customary to state it briefly, and in a concise manner; which was called the presentation of the case, which was, as it were, a mere summary of the same. (16) When a real action was instituted, the movable property, and that which could move itself and be brought into court, was demanded as follows. The party making the claim, held a staff, and then grasping the object in dispute, as for instance, a slave, said: "I declare this slave to belong to me, on account of his condition, in accordance with quiritarian right. See! in accordance with what I have stated, I have placed my staff upon him"; and, at the same time, he laid the staff upon the slave. His opponent then said and did the same thing, and when both of them had asserted their claims, the Prætor said: "Both of you release your hold upon the slave"; and they did so. The one who first asserted his claim, then interrogated the other as follows: "I ask whether you will state on what ground you make this claim?" and he replied, "I asserted my right to him by placing my staff upon him." The first claimant than said, "As you have wrongfully claimed him I call upon you to deposit five hundred asses by way of forfeit," and his opponent then said, "I call upon you to do the same"; (that is if the property was worth more than a thousand asses five hundred were deposited but if it is worth less only fifty was the amount of the forfeiture).