[SCAEUOLA libro primo digestorum. ] §2.14.47.prEmptor praedii uiginti cauerat se soluturum et stipulanti spoponderat: postea uenditor cauit sibi conuenisse, ut contentus esset tredecim et ut ea intra praefinita tempora acciperet: debitor ad eorum solutionem conuentus pactus est, si ea soluta intra praefinitum tempus non essent, ut ex prima cautione ab eo petitio esset.
[SCAEUOLA, Digest, book 1] The purchaser of an estate had given security that he would pay twenty, and had promised it to the stipulator: afterwards the seller gave a written declaration that it had been agreed with him that he would be satisfied with thirteen and would receive them within specified times: the debtor, when sued for the payment of these, agreed that if they were not paid within the specified time, a claim could be made against him on the basis of the first security.
quaesitum est an, cum posteriore pacto satisfactum non sit, omne debitum ex prima cautione peti potest.
The question was whether, since the later agreement had not been fulfilled, the entire debt could be claimed on the basis of the first security.
respondi secundum ea, quae proponerentur, posse.
I replied that, according to the facts presented, it could be.
§2.14.47.1Lucius Titius Gaium Seium mensularium, cum quo rationem implicitam habebat propter accepta et data, debitorem sibi constituit et ab eo epistulam accepit in haec uerba: 'Ex ratione mensae, quam mecum habuisti, in hunc diem ex contractibus plurimis remanserunt apud me ad mensam meam trecenta octaginta sex et usurae quae competierint.
Lucius Titius established Gaius Seius, a banker with whom he had an entangled account due to receipts and payments, as his debtor, and received a letter from him in the following words: 'From the account of the bank which you have had with me, there remain to this day, out of very many contracts, in my possession at my bank three hundred and eighty-six and the interest that has accrued.
summam aureorum, quam apud me tacitam habes, refundam tibi.
The sum of gold coins which you have silently with me, I will refund to you.
si quod instrumentum a te emissum, id est scriptum, cuiuscumque summae ex quacumque causa apud me remansit, uanum et pro cancellato habebitur. ' quaesitum est, cum Lucius Titius ante hoc chirographum Seio nummulario mandauerat, uti patrono eius trecenta redderet, an propter illa uerba epistulae, quibus omnes cautiones ex quocumque contractu uanae et pro cancellato ut haberentur cautum est, neque ipse neque filii eius eo nomine conueniri possunt.
If any instrument issued by you, that is, written, of whatever sum and from whatever cause, has remained in my possession, it shall be held as void and as cancelled.' The question was: since Lucius Titius, prior to this chirograph, had mandated Seius the banker to pay three hundred to his patron, whether, on account of those words of the letter, by which it was provided that all securities from whatever contract should be held as void and as cancelled, neither he himself nor his sons could be sued on that account.
respondi, si tantum ratio accepti atque expensi esset computata, ceteras obligationes manere in sua causa.
I replied that if only the account of receipts and expenses had been calculated, the other obligations remained in their original state.