[IDEM libro trigensimo primo digestorum. ] §46.3.73.prOb triginta nummos pecuniae creditae fideiussorem in uiginti dedi et pignus: ex uenditione autem pignoris creditor decem consecutus est: utrum ex uniuersitate id decedit, ut quidam putant, si in soluendis decem nihil debitor dixisset, an sicut ego puto, in totis decem fideiussori contingit liberatio? quia hoc dicendo potuit hoc efficere debitor, ut, ubi non dixit, id potius soluturum existimetur, quod satisdato debeatur? magis tamen existimo licuisse creditori in id, quod solus debebat reus, accepto referre.
[THE SAME, in his thirty-first book of the Digests.] For a loan of thirty coins, I gave a surety for twenty and a pledge: moreover, from the sale of the pledge, the creditor obtained ten. If the debtor said nothing in paying the ten, does it deduct from the whole amount, as some think, or, as I think, does a release occur for the surety in respect of the entire ten? Is it because the debtor, by so stating, could have brought it about that, where he did not state it, that part which is owed under security should rather be deemed to be paid? Yet, I rather think that it was permitted for the creditor to allocate it to that which the principal debtor alone owed.