4.1.37 to 4.1.40

(22) Subsequently, certain laws in some other cases, permitted the arrest of debtors against whom judgment had been rendered; as the Lex Publilia against a party for whom his sponsor had paid the debt, if, within the next six months from the time when it was paid, he had not indemnified him; likewise, the Lex Furia de Sponsu against one who had collected from his sponsor more than his proportionate share; and finally, many other laws granted proceedings of this kind in numerous instances. (23) Other enactments provided that, on certain grounds, proceedings could be instituted by the imposition of hands; but this was the simple act, and not authorized in the case of debtors against whom judgment had been rendered; for instance, the Lex Furia Testamentaria permitted this to be done against a party who, as a legatee or the recipient of a donation mortis causa ,had received more than a thousand asses, when he was not excepted under this law, and was entitled to receive more; also the Lex Marcia against money-lenders, so that if they collected interest, they could be compelled by this proceeding to refund it. [1] Original manuscript illegible. (24) By these laws and others similar to them, the defendant was permitted to resist arrest, and take legal measures to defend himself, for the plaintiff in this form of judicial procedure was not entitled to add the words, "On account of a judgment rendered"; but after having stated his cause of action, said: "For this reason I lay hands upon you"; just as he in whose favor proceedings were instituted on account of a judgment, after having stated his cause of action, said: "I arrest you on account of the judgment which has been rendered against you." It has not escaped my notice that in proceedings under the Lex Furia Testamentaria the words, "On account of the judgment rendered against you," were inserted, although they do not appear in the law itself; which seems to have been done without any reason.