[ULPIANUS libro uicensimo nono ad edictum. ] §16.1.6.prSi fideiussores pro defensore absentis filii ex mandato matris eius intercesserint, quaeritur, an etiam his senatus consulto subueniatur.
[ULPIAN, On the Edict, book 29] If guarantors have intervened on behalf of the defender of an absent son, acting on the mandate of his mother, it is asked whether they also are assisted by the senatusconsultum.
et ait Papinianus libro nono quaestionum exceptione eos usuros: nec multum facere, quod pro defensore fideiusserunt, cum contemplatione mandati matris interuenerunt.
And Papinian says in the ninth book of his Questions that they can use the exception; and that it makes no great difference that they became guarantors for the defender, since they intervened in contemplation of the mother's mandate.
plane, inquit, si qui accepit eos fideiussores, matrem eis mandasse ignorauit, exceptionem senatus consulti replicatione doli repellendam.
Clearly, he says, if the person who accepted them as guarantors was ignorant of the fact that the mother had mandated them, the exception of the senatusconsultum must be repelled by a replication of fraud.