4.1.64 to 4.1.66

(45) We say that the formulas in which a question of right is involved, are founded in law; as for instance, when we assert that any property belongs to us by quiritarian right, or that the adverse party is obliged to pay us something, or make good a loss to us as a thief, for these formulas and others are those in which the claim is based on the Civil Law. (46) We say that other formulas are based upon questions of fact, that is, where a claim of this kind is not made with reference to them; but, where a fact is stated in the beginning of a formula, words are added by which authority is given to the judge to condemn or discharge the defendant. This kind of a formula is employed by a patron against his freedman, when the latter brings him into court contrary to the Edict of the Prætor; for then it is in the following terms: "Let Soand-So be judges. If it is established that such-and-such a patron was brought into court by such-and-such a freedman, contrary to the edict of such-and-such a Prætor —judges, condemn the said freedman to pay to the said patron the sum of ten thousand sesterces. If the case should not be proved, discharge him." The other formulas mentioned in the Edict with reference to the summoning of parties into court, refer to matters of fact; as for instance, against a person who, having been summoned into court, neither appeared nor appointed anyone to defend him; and also against one who rescued by force a party who was summoned to appear; and, in conclusion, innumerable other formulas of this description are set forth in the Register of the Prætor.