[IDEM libro secundo digestorum. ]
[THE SAME AUTHOR in his second book of the Digests.] A dispute concerning boundaries arose between Castellianus and Seius, and an arbitrator was chosen so that by his decision the matter might be ended.
§4.8.44.prInter Castellianum et Seium controuersia de finibus orta est et arbiter electus est, ut arbitratu eius res terminetur: ipse sententiam dixit praesentibus partibus et terminos posuit: quaesitum est, an si ex parte Castelliani arbitro paritum non esset, poena ex compromisso commissa est.
He himself pronounced his decision with the parties present and placed boundary markers. The question was raised whether, if the arbitrator's decision had not been obeyed on the part of Castellianus, the penalty under the submission was incurred.
respondi, si arbitro paritum non esset in eo, quod utroque praesente arbitratus esset, poenam commissam.
I replied that if the arbitrator's decision had not been obeyed in that which he had decided with both parties present, the penalty was incurred.