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Updated: June 21, 2025
2 If Titius and Seius agreed that the former should take twothirds of the profits, and bear only onethird of the loss, and that the latter should bear twothirds of the loss, and take only onethird of the profits, it has been made a question whether such an agreement ought to be held valid.
Thus narrowly did our native city escape. From Lebadea and the cave of Trophonius there came favorable rumors and prophecies of victory to the Romans, of which the inhabitants of those places give a fuller account, but as Sylla himself affirms in the tenth book of his Memoirs, Quintus Titius, a man of some repute among the Romans who were engaged in mercantile business in Greece, came to him after the battle won at Chaeronea, and declared that Trophonius had foretold another fight and victory on the same place, within a short time.
Thus, if out of ten aurei which your slave borrows from Titius, he pays your creditor five, and spends the remainder in some other way, you are liable for the whole of the five, and for the remainder to the extent of the peculium: and from this it is clear that if the whole ten were applied to your uses Titius could recover the whole from you.
With the most remorseless severity the equestrian tribunals condemned every one who professed oppositional views; Sextus Titius, for instance, was condemned not so much on account of his agrarian law as because he had in his house a statue of Saturninus; Gaius Appuleius Decianus was condemned, because he had as tribune of the people characterized the proceedings against Saturninus as illegal.
Joint promises are so constituted by the promisor answering, 'I promise, after they have all first asked the question; for instance, if after two promises have separately stipulated from him, he answers, 'I promise to give so and so to each of you. But if he first promises to Titius, and then, on another's putting the question to him, promises to him too, there will be two distinct obligations, namely, one between him and each of the promisees, and they are not considered joint promisees at all.
3 Novation is another mode of extinguishing an obligation, and takes place when you owe Seius a sum, and he stipulates for payment thereof from Titius; for the intervention of a new person gives birth to a new obligation, and the first obligation is transformed into the second, and ceases to exist.
Sometimes indeed the first stipulation is avoided by novation even though the second is of no effect: for instance, if you owe Titius a sum, and he stipulates for payment thereof from a pupil without his guardian's authority, he loses his claim altogether, for you, the original debtor, are discharged, and the second obligation is unenforceable.
33 Writing again, even though it be in letters of gold, becomes a part of the paper or parchment, exactly as buildings and sown crops become part of the soil, and consequently if Titius writes a poem, or a history, or a speech on your paper and parchment, the whole will be held to belong to you, and not to Titius.
Sextus Titius indeed brought forward an agrarian law in 99 B.C. But he was opposed by his colleagues and driven into exile. Marcus Livius Drusus was son of the man whom the Senate had put forward to outbid Caius Gracchus. He was a haughty, upright man, of an impetuous temper such a man as often becomes the tool of less courageous but more dexterous intriguers.
Similar to this is the rule, that debtors who pay a manumitted steward, say, of Titius, without notice of his manumission, are discharged from liability, though by the strict letter of the law they are not discharged, because they have not paid the person whom they were bound to pay.
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