[PAULUS libro septuagensimo sexto ad edictum. ] §46.1.73.prCum procurator in rem agebat, cautionem dederat ratam rem dominum habiturum: postea uicto eo dominus reuersus iterum de eadem re agitabat, et cum reus haberet possessionem, et noluit eam restituere et ideo magno condemnatus est: in amplius fideiussores non tenentur: hoc enim non debet imputari fideiussoribus, quod ille propter suam poenam praestitit.
[PAULUS in the seventy-sixth book on the Edict.] When a procurator brought an action in rem, he had given security that the principal would ratify the matter; afterwards, when the procurator was defeated, the principal returned and again brought an action concerning the same matter, and although the defendant had possession, he did not wish to restore it and was therefore condemned in a large sum; for any larger amount the guarantors are not liable, for what the defendant paid on account of his own penalty ought not to be imputed to the guarantors.