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Updated: June 21, 2025
But Sulla, in the tenth book of his Memoirs, writes, that Quintus Titius, a man of some note among those who had mercantile affairs in Greece, came to him immediately after the victory in Chæroneia, to report that Trophonius foretold a second battle and victory there in a short time.
31 Still less is a legacy invalidated from a wrong motive being assigned by the testator for giving it: if, for instance, he says, 'I give and bequeath Stichus to Titius, because he looked after my affairs while I was away, or 'because I was acquitted on a capital charge through his undertaking my defence, the legacy is still good, although in point of fact Titius never did look after the testator's affairs, or never did, through his advocacy, procure his acquittal.
I do not believe that the most seared conscience could have counterfeited so great an assurance. He had naturally too high a spirit and was accustomed to too high a fortune, says Titius Livius, to know how to be criminal, and to lower himself to the meanness of defending his innocence. The putting men to the rack is a dangerous invention, and seems to be rather a trial of patience than of truth.
Therefore a particular act of the legislature to confiscate the goods of Titius, or to attaint him of high treason, does not enter into the idea of a municipal law; for the operation of this act is spent upon Titius only, and has no relation to the community in general; it is rather a sentence than a law." Lord Coke is equally decisive and emphatic.
But if Titius provided the gold, and agreed to pay him for his work, the contract is clearly a letting and hiring. 5 The hirer ought to observe all the terms of the contract, and in the absence of express agreement his obligations should be ascertained by reference to what is fair and equitable.
Titius, who was indeed a voluble Speaker, and possessed a ready comprehension, but he was so loose and effeminate in his gesture, as to furnish room for the invention of a dance, which was called the Titian jigg: so careful should we be to avoid every oddity in our manner of speaking, which may afterwards be exposed to ridicule by a ludicrous imitation.
5 and if an outrage is committed on a slave belonging to Maevius, but in whom Titius has a usufruct, the injury is deemed to be done to the former rather than to the latter. 6 But if the person outraged is a free man who believes himself to be your slave, you have no action unless the object of the outrage was to bring you into contempt, though he can sue in his own name.
Thus, if some one commissions you to purchase an estate for him, but not to exceed the price of a hundred aurei, or to go surety for Titius up to that amount, you ought not in either transaction to exceed the sum specified: for otherwise you will not be able to sue him on the agency.
For instance, if something is due to Titius under a verbal contract, and he wishes to release it, it can be done by his allowing the debtor to ask 'that which I promised thee has thou received? and by his replying 'I have received it. An acceptilation can be made in Greek, provided the form corresponds to that of the Latin words, as 'exeis labon denaria tosa; exo labon. This process, as we said, discharges only obligations which arise from verbal contract, and no others, for it seemed only natural that where words can bind words may also loose: but a debt due from any other cause may be transformed into a debt by stipulation, and then released by an imaginary verbal payment or acceptilation.
7 The person substituted in the place of a child under the age of puberty may be either named individually for instance, Titius or generally prescribed, as by the words 'whoever shall be my heir'; in which latter case, on the child dying under the age of puberty, those are called to the inheritance by the substitution who have been instituted heirs and have accepted, their shares in the substitution being proportionate to the shares in which they succeeded the father.
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