# Institutes of Gaius 4.1.41-44

Roman Law and Society, Institutes of Gaius, 4.1.41 to 4.1.44. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/4.1.41

(25) Afterwards, however, by the Lex Vallia all other defendants, except judgment debtors and principals whose debts had been paid by their sureties, were permitted to resist arrest, and avail themselves of the law for their defence, when this proceeding was instituted against them. Therefore, the party against whom judgment was rendered, and one whose debt had been paid by his surety were, even after this law, required to appoint a defender; and if they did not do so, were taken to the house of their creditor; and this rule was observed as long as the ancient forms of procedure were employed. Hence, in our times, anyone against whom proceedings have been brought in an action on judgment or to recover the amount of the debt paid by a surety is compelled to furnish security to satisfy the claim. (26) Pignoris Capio was employed in some instances through custom, and in others by virtue of law. (27) It was introduced through custom into military affairs; for a soldier was entitled to employ this proceeding against the paymaster for his pay, if he did not give it, which compensation was designated æs militare , and he could also distrain for money for the purpose of purchasing a horse, which was called æs equestre , as well as for money with which to purchase barley for his horse which was called æs hordiarium . (28) The detention of property in this manner was also legally authorized, for instance, by the Law of the Twelve Tables against a party who bought a victim for sacrifice and did not pay for it; and likewise against one who did not pay the hire of a beast of burden which he had leased for the purpose of raising money to meet the expenses of a festival, that is to say, of a sacrifice. In like manner, the right to distrain was granted by the law of Censors to the farmers of the revenue of the Roman people, against persons who owed taxes under any law.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.