# The Institutes of Gaius 4.1.31-36

Roman Law and Society, The Institutes of Gaius, 4.1.31 to 4.1.36. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/4.1.31

and if the dispute was with reference to an estate, in like manner the property itself, or some part of it was produced in court . . . . [1] (17a) . . . . [1] For they observed the same time and the same manner in appointing a judge, and agreed upon a day when they would be ready to receive the judge, for to "agree upon" meant originally "to notify". (18) Therefore, this action was very properly styled a notification, for the plaintiff was accustomed to notify his adversary to appear before the court on the thirtieth day to receive a judge. At present, however, we do not properly call a suit of this kind by which we institute proceedings to have property conveyed to us a personal action, for now no notice is given for this purpose. (19) This form of judicial procedure was established by the Lex Silia and the Lex Calpurnia ; by the Lex Silia , to receive a certain sum of money, and by the Lex Calpurnia , to recover any other property which was certain. (20) It has frequently been asked why this action was required when we could either by Sacramentum or Judicis Postulatio , obtain the transfer of property to which we are entitled. (21) The proceeding of Manus Injectio was employed in certain cases, as for instance, by the Law of the Twelve Tables, when judgment had been obtained against a debtor. This was as follows: the party who brought the suit said, "As judgment has been rendered against you, or you have been condemned to pay me ten thousand sesterces, and you have not paid them, for this reason I lay my hands upon you, as being indebted to me under the judgment for ten thousand sesterces"; and at the same time he seized him by some part of the body, and the debtor was not permitted to resist, or to protect himself by law, but he appointed a defender, who conducted the case for him, or, if he did not do so, he was taken to his house by the plaintiff and placed in chains.

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Roman Law and Society, The 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.
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