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Updated: June 21, 2025
What works is the studious train planning? In this too I am anxious who takes upon himself to write the military achievements of Augustus? Who diffuses into distant ages his deeds in war and peace? What is Titius about, who shortly will be celebrated by every Roman tongue; who dreaded not to drink of the Pindaric spring, daring to disdain common waters and open streams: how does he do?
VIII. For his achievements, both at this time in Africa, and formerly in Germany, he received the triumphal ornaments, and three sacerdotal appointments, one among The Fifteen, another in the college of Titius, and a third amongst the Augustals; and from that time to the middle of Nero's reign, he lived for the most part in retirement.
1 For instance, if you are induced by duress, fraud, or mistake to promise Titius by stipulation what you did not owe him, it is clear that by the civil law you are bound, and that the action on your promise is well grounded; yet it is inequitable that you should be condemned, and therefore in order to defeat the action you are allowed to plead the exception of duress, or of fraud, or one framed to suit the circumstances of the cases.
Thus, in the stipulation 'Do you promise to give so and so, if Titius has been consul, or if Maevius is alive? the promise is void, if the condition is not satisfied; while if it is, it is binding at once: for events which in themselves are certain do not suspend the binding force of an obligation, however uncertain we ourselves may be about them.
7 So too instructions to commit an unlawful or immoral act do not create a legal obligation as if Titius were to instigate you to steal, or to do an injury to the property or person of some one else; and even if you act on his instructions, and have to pay a penalty in consequence, you cannot recover its amount from Titius. 8 An agent ought not to exceed the terms of his commission.
The right of election was not established merely as a matter of form, to satisfy some method and rule of technical reasoning; it was not a principle which might substitute a Titius or a Maevius, a John Doe or Richard Roe, in the place of a man specially chosen; not a principle which was just as well satisfied with one man as with another.
15 A stipulation, say by Titius, in the form: 'Do you promise to give when I shall die' or 'when you shall die'? is good now, as indeed it always was even under the older law. 16 So too a stipulation for performance after the death of a third person is good.
So strict indeed is the rule that the ownership of the shrub is transferred from the moment it has taken root, that if a neighbour's tree grows so close to the land of Titius that the soil of the latter presses round it, whereby it drives its roots entirely into the same, we say the tree becomes the property of Titius, on the ground that it would be unreasonable to allow the owner of a tree to be a different person from the owner of the land in which it is rooted.
Titius underwent no punishment, being preserved for his father's sake and because his soldiers carried the name of Sextus on their shields: he did not, however, recompense his benefactor fairly, but fought him to the last ditch and finally slew him, so that his name is remembered among the most prominent of his kind.
Besides Grotius and Lauterbach, and Puffendorf, and Titius, and many wise men beside, who have considered the matter properly, have determined that the property of a country cannot be acquired by hunting, cutting wood, or drawing water in it nothing but precise demarcation of limits, and the intention of cultivation, can establish the possession.
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