restricted access 3. THE STIPULATION OF SLAVES
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194 BOOK FORTY-FIVEISTIPULATIONOF SLAVES 18 POMPONIUS, From Plautius, book 5: Where two co-promisors are bound in respect of one and the same Stichus, any act done by one also prejudices the other. 19 POMPONIUS, Quintus Mucius, book 37: Where two debtors owe the same sum of money and one of them is freed from the obligation by change of civil status, the other is not released. For it matters greatly whether the actual debt is paid or a debtor is released; when one debtor is released and the obligation continues, the other remains bound. Thus, if a debtor has been interdicted from fire and water, a verbal guarantor provided subsequently by him is liable. THE STIPULATION OF SLAVES 1 JULIAN,Digest, book 52: When a slave stipulates, it does not matter whether he stipulates for payment to himself or his master, or indeed without the addition of either . 1. If your slave was acting as my slave in good faith and had a peculium which belonged to you, and I lend a sum of money from it to Titius, the coins will remain yours, and the slave's stipulation for that sum in my name is of no effect, so you can recover the money by vindicatio. 2. If a slave belonging to you and me in common has made a loan from his peculium, which belongs exclusively to you, he acquires the obligation for you, and even if he has stipulated for the same sum in my name, he will not release the debtor from his obligation to you. Each of us will have an action, I on the stipulation, and you because it is your money that has been paid over; however, the debtor will be able to defeat me with the defense of fraud. 3. When my slave stipulates for something to be delivered to my slave, that should be regarded as if he had stipulated for me. So when he stipulates for your slave, it is as if he has stipulated for you with the result that one stipulation produces an obligation whereas the other is of no effect. 4. A common slave bears the character of two slaves. For that reason, if my own slave has stipulated for a slave common to me and to you, the legal effect of this form of words will be the same as it would have been if two separate stipulations had been made: one in the name of my slave and the other in the name of yours; nor ought we to think that I acquire only a half share, and the other half goes to no one. For the character of a common slave is of such a nature that in a case where one of his masters can acquire and one cannot, he is considered as if he belonged only to the one for whom he has the capacity to acquire. 5. A slave subject to a usufruct has stipulated on behalf of the usufructuary or the owner. If this stipulation is in connection with the usufructuary 's property, it is void, because [otherwise] the slave would have been able to acquire an action for both of them in connection with the property of the usufructuary. But if the stipulation is for something else, the owner can sue, and if the promisor has paid the usufructuary, he is released. 6. A slave common to Titius and Maevius has stipulated in these terms: "Do you promise to pay Titius ten on the first of the month? If you have not paid Titius ten on the first of the month, do you promise to pay Maevius twenty?" There appear to be two stipulations; however, if ten has not been paid on the first of the month, both masters may bring the action on the stipulation, but in regard to the second obligation owed to Maevius, Titius will be defeated by the defense of fraud. 2 ULPIAN,Sabinus, book 4:A common slave cannot stipulate for himself personally, although it is clear that he can stipulate for a master; for he does not acquire himself for the master, but rather through himself he acquires an obligation for him. 3 ULPIAN,Sabinus, book 5: If a slave of the state or a municipality or a colony stipulates , I think the stipulation is valid. 194 BOOK FORTY-FIVE/STIPULATION OF SLAVES 18 POMPONIUS, From Plautius, book 5: Where two co-promisors are bound in respect of one and the...