4.1.130 to 4.1.134

(89) Hence, for example, if I bring a real action against you, you should furnish me security, for it appears to be but just as you are permitted to retain possession of the property, and it is doubtful whether it belongs to you, or not, that you should give security that if you are defeated, and do not restore the property itself, or refuse to pay its value, I may have the power to proceed against you, or your sponsors. (90) There is all the more reason that you should furnish me security, if you are acting as the representative of another in the case. (91) Moreover, a real action is of a twofold nature; for it is either brought by a formula stating the claim, or by one based on a solemn engagement; and, if it is made in the manner first mentioned, the stipulation called "security for the payment of a judgment" will apply; but if it is based on a solemn engagement, that form of stipulation styled "security for the property in dispute and the profits derived from the same," is the one made use of. (92) The formula which states the claim contains the allegation of the plaintiff that the property belongs to him. (93) In the proceeding based upon a solemn engagement, we proceed as follows, and we make this demand upon the adverse party:'" If the slave in dispute is mine by quiritarian right, do you promise to pay me twenty-five sesterces?" And then we state the formula by which we claim that the sum mentioned in the promise should be paid to us; but we can only gain our case by means of this formula if we prove that the property is ours.