his authority. Some praetorian actions,
however, are perpetual, that is to say, can be brought at any time
which does not exceed the limit fixed by the enactments referred to; for
instance, those granted to 'possessors of goods' and other persons who
are fictitiously represented as heirs. So, too, the action for theft
detected in the commission, though praetorian, is perpetual, the praetor
having judged it absurd to limit it by a year.

1 Actions which will lie against a man under either the civil or the
praetorian law will not always lie against his heir, the rule being
absolute that for delict--for instance, theft, robbery, outrage, or
unlawful damage--no penal action can be brought against the heir. The
heir of the person wronged, however, may bring these actions, except
in outrage, and similar cases, if any. Sometimes, even an action on
contract cannot be brought against the heir; this being the case where
the testator has been guilty of fraud, and his heir has not profited
thereby. If, however, a penal action, such as those we have mentioned,
has been actually commenced by the original parties, it is transmitted
to the heirs of each.

2 Finally, it must be remarked that if, before judgement is pronounced,
the defendant satisfies the plaintiff, the judges ought to absolve him,
even though he was liable to condemnation at the time when the action
was commenced; this being the meaning of the old dictum, that all
actions involve the power of absolution.

TITLE XIII. OF EXCEPTIONS

We have next to examine the nature of exceptions. Exceptions are
intended for the protection of the defendant, who is often in this
position, that though the plaintiff's case is a good one in the
abstract, yet as against him, the particular defendant, his contention
is inequitable.

1 For instance, if you are induced by duress, fraud, or mistake to
promise Titius by stipulation what you did not owe him, it is clear that
by the civil law you are bound, and that the action on your promise is
well grounded; yet it is inequitable that you should be condemned, and
therefore in order to defeat the action you are allowed to plead
the exception of duress, or of fraud, or one framed to suit the
circumstances of the cases.

2 So too, if, as a preliminary to an advance of money, one stipulates
from you for its repayment, and then never advances it after all, it
is clear that he can sue you for the money, and you are bound by your
promise