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On this page: Causa Liberalis – Cautio

CAUTIO.

Horace (Sat., ii. 4. 6'2) calls them imnumdas popinas. The wine-shop at Pompeii, Avhere the painting described above was found, seems to have been a house of this description; for behind the shop there is an inner chamber containing paint­ings of every species of indecency. (Gell's Pom-peiana^ vol. ii. p. 10.) The Ganeae^ which are sometimes mentioned in connection with the popinae (Suet. Tib. 34), were brothels, whence they arc often classed with the lustra. (Liv. xxvi. 2;"Cic. Phil. xiii. II, Pro Seat. 9.) Under the emperors many attempts were made to regulate the popinae, but apparently with little success. Ti­berius forbad all cooked provisions to be sold in these shops (Suet. Tib. 34) ; and Claudius com­manded them to be shut up altogether. (Dion Cass. Ix. 6.) They appear, however, to have been soon opened again, if they were ever closed; for Nero commanded that nothing should be sold in them but different kinds of cooked pulse or vege­tables (Suet. Net: 16 ; Dion Cass. Ixii. 14) ; and tin edict to the same effect was also published by Vespasian. (Dion Cass. Ixvi. 10.)

Persons who kept inns or houses of public enter­tainment of any kind, were held in low estimation both among the Greeks and Romans (Theophr. Char. 6 ; Plat. Leg. xi. pp. 918, 919) ; and though the epithets of perfidi and maligni^ which Horace gives to them (Sat. i. 1. 29, i. 5. 4), may refer only to particular innkeepers, yet they seem to ex­press the common opinion entertained respecting the whole class. (Zell, Die Wirthsli'dmer d. Alten; Stockmann, De Pofiinis; Becker, Gall its, vol. i. pp.227'—236.)

CAUSA LIBERALIS. [assertor,] CAUSAE PROBA'TIO. [civitas.] CAUSIA (/cautria), a hat with a broad brim, which was made of felt and worn by the Mace­donian kings. (Valer. Max. v. 1. §4.) Its form is seen in the annexed figures, which are taken from a fictile vase, and from a medal of Alexander

I. of Macedon. The Romans adopted it from the Macedonians (Plant. Mil. Glor.- iv. 4. 42, Pers. i. 3. 75 ; Antip. Thess. in Bmnckii Anal. ii. Ill), and more especialty the Emperor Caracalla, who used to imitate Alexander the Great in his cos­ tume. (Herodian. iv. 8. § 5.) [J. Y.J

CAUTIO, CAVE'RE. These words are of frequent occurrence in the Roman classical writers and jurists, and have a great variety of significa­tions according to the matter to which they refer. Their general signification is that of security given by one person to another ; also security or legal safety which one person obtains by the advice or assistance of another. The general term (cautio) is distributed into its species according to the par­ticular kind of the security, which may be by satisdatio, by a fidejussio, and in various other ways. The general sense of the word cautio is

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CAUTIO.

accordingly modified b}r its adjuncts, as cautio fidejussoria, pigneraticia, or hypotheearia, and so on. Cautio is used to express both the security which a magistratus or a judex may require one party to give to another, which applies to cases where there is a matter in dispute of which a court has already cognizance ; and also the secu­rity which is given and received by and between parties not in litigation. The words cautio and cavere are more particularly used in the latter sense.

If a thing is made a security from one person to another, the cautio becomes a matter of pignus or of hypotheca ; if the cautio is the engagement of a surety on behalf of a principal, it is a cautio fide­jussoria.

The cautio was most frequently a writing, which expressed the object of the parties to it ; accord­ingly the word cautio came to signify both the in­strument (chirograpJtum or instrumentuni) and the object which it was the purpose of the instrument to secure. (Dig. 47. tit. 2. s. 27.) Cicero (Ad Div. vii. 18) uses the expression cautio chirographi mei. The phrase cavere aliquid alicui expressed the fact of one person giving security to another as to some particular thing or act. (Dig. 29. tit. 2. s. 9; 35. tit. 1. s. 18.)

Ulpian '(Dig. 46. tit. 5) divides the praetoriae stipulationes into three species, judiciales, cautio-iiales, communes ; and he defines the cautionales to be those which are equivalent to an action (instar act Louis liabenf) and are a good ground for a new action, as the stipulationes de legatis, tutela, ratam rein habere, and damnum infectum. Cau-tiones then, which were a branch of stipulationes, were such contracts as would be ground of actions. The following examples will explain the passage of Ulpian.

In many cases a hcres could not safely pay legacies, unless the legatee gave security (cautio) to refund in case the will under which he claimed should turn out to be bad. (Dig. 5. tit. 3. s. 17.) The Muciana cautio applied to the case of testa­mentary conditions, which consisted in not doing some act, which, if done, would deprive the heres or legatarius of the hereditas or the legacy. In order that the person who could take the hereditas or the legacy in the event of the condition being-broken, might have the property secured, he was entitled to have the Muciana cautio. (Dig. 35. tit. 1. s. 7, 18, 73.) The heres was also in some cases bound to give security for the payment of legacies, or the legatee was entitled to the Bonorum Possessio. Tutores and cura tores were required to give security (sattsdare) for the due administration of the property intrusted to them, unless the tutor was appointed by testament, or unless the curator was a curator legitimus. (Gains, i. 199.) A pro­curator who sued in the name of an absent party, might be required to give security that the absent party would consent to be concluded by the act of his procurator (Id. iv. 99); this security was a species satisdationis, included under the genus cautio. (Dig. 46. tit. 8. s. 3, 13, 18, &c.) In the case of damnum infectum, the owner of the land or property threatened with the mischief, might claim security from the person who was threatening the mischief. (Cic. Top. 4; Gains, iv. 31 ; Dig. 43. tit. 8. s. 5.)

If a vendor sold a thing, it was usual for him to declare that he had a good title to it, and ikit

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