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ei, i.e. Capitoni ; fidem suam, i.e. Capitos own credit ; interponeret, stake ; decideret, strike a bargain ; ille, Capito. inque eam rem. Cicero more often writes in eamque rem. recepisset, had undertaken, promised. per arbitrum. There were many lawsuits which depended on considerations of equity and the weighing of circumstances, and in which the judge could give his own opinions free play. Such of these cases as dealt with matters of good faith (bonae fidei negotia) were called arbitria (or bonae fidei iudicia), and the judge arbiter. One of this class was the iudicium mandati ; hence per arbitrum. rem restitueret, make restitution, pay damages. Cf. Paullus in Dig. L. 16.75, restituere is videtur, qui id restituit quod habiturus esset actor (the plaintiff) si controversia ei facta non esset. honestatem (good name ) amitteret = infamis fieret.
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