[PAULUS libro primo decretorum. ] §49.14.47.prMoschis quaedam, fisci debitrix ex conductione uectigalis, heredes habuerat, a quibus post aditam hereditatem Faria Senilla et alii praedia emerant.
[PAULUS, Book I of the Decrees.] A certain Moschis, a debtor of the treasury on account of the leasing of a tax, had left heirs, from whom, after they had entered upon the inheritance, Faria Senilla and others had purchased tracts of land.
cum conuenirentur propter Moschidis reliqua et dicebant heredes Moschidis idoneos esse et multos alios ex isdem bonis emisse, aequum putauit imperator prius heredes conueniri debere, in reliquum possessorem omnem: et ita pronuntiauit.
When they were sued on account of the arrears of Moschis and they said that the heirs of Moschis were solvent and that many others had purchased from the same estate, the Emperor thought it equitable that the heirs should be sued first, and for the remainder, all the possessors; and he pronounced judgment accordingly.
§49.14.47.1Aemilius Ptolemaeus conduxerat a fisco possessionem eamque paulatim pluribus locauerat maiore quantitate quam ipse susceperat: conueniebatur a procuratoribus Caesaris in eam quantitatem quam ipse perciperet.
Aemilius Ptolemaeus had leased a property from the treasury and had sublet it gradually to several persons for a larger sum than he himself had undertaken to pay. He was sued by the procurators of Caesar for the amount which he himself was collecting.
hoc iniquum et inutile fisco uidebatur, ut tamen suo periculo ipse eos quibus locauerat conueniret: ideoque pronuntiauit in eam solam quantitatem eum conueniri debere, qua ipse conductor exstiterat.
This seemed inequitable and useless to the treasury, namely, that he should nevertheless sue at his own risk those to whom he had sublet; and therefore the Emperor pronounced that he ought to be sued only for that amount for which he himself had become the lessee.