4.1.135 to 4.1.139

(94) The sum mentioned in the promise is not exacted, for it is not penal, but merely prejudicial, and is used only for the purpose of deciding the right to the property; therefore even the party against whom the action is brought does not make another stipulation with the plaintiff. Moreover, this kind of a stipulation instead of security for the property in dispute and for the profits of the same, was so called because it took the place of personal sureties who formerly, when proceedings were instituted under the legis actiones ,were given by the party in possession to the plaintiff, for the restoration of the property itself and the mesne profits of the same. (95) When, however, the suit is brought before the Centumviri ,we do not demand the sum mentioned in the solemn engagement, by the formula, but under the ancient form of procedure; for then we challenge the defendant by the deposit, and the promise of a hundred and twenty-five sesterces is made by virtue of the Lex . . . . [1] (96) If a party brings a real action in his own name, he does not furnish security. (97) And even if an action is brought by an agent, no security is required from him, or his principal, for he has been substituted for his principal by a prescribed and, as it were, solemn form of words; and he is very properly considered to occupy the place of his principal. (98) If, however, an agent brings the action, he is ordered to give security that his principal will ratify his acts; for there is danger that, otherwise, the principal might bring a second action with reference to the same property, which danger does not exist where the suit was brought by an agent; for the reason that anyone who sues by an agent has no greater right of action than if he brought the suit himself.