In  the  early  as  well  as  the  later  practice  of  the  Roman  law,
when  the  debtor  was  arrested  by  the  creditor,  unless  he  com-
promised with  the  plaintiff,  or  was  prepared  immediately  to  go
before  the  Prcetor  and  answer  to  the  suit,  he  was  obliged  to
give  a  caution,  usually  with  sureties  or  fidejussors,  for  his  ap-
pearance at  a  future  time.  Leg.  12,  tab.  1,  cap.  2;  Poik^
Pand.  L.  2,  tit  6 ;  Gaii,  Insl.  4, 134.  This  was  called  the
stipulation  in  judicio  sistendL  It  was  taken  at  the  same
time  and  for  the  same  objects,  as  that  taken  in  the  present
case.  The  defendant  became  bound,  and  his  fidejussors  for
him,  that  he  should  appear  at  the  time  named  in  the  stipula-
tion, and  that  he  should  appear  in  eadem  causa^  that  is,  that  he
should  submit  himself  to  the  jurisdiction  of  the  court,  as  far
as  he  was  subject  to  it,  when  the  citation  was  served.  If,
therefore,  between  the  time  of  service  of  the  process  and  the
day  of  appearance,  he  had  acquired  a  personal  privilege  of
declining  the  forum,  or  excepting  to  the  jurisdiction  of  the
court,  he  did  not  appear,  sistere  in  eadem  catisa^  and  the  stipu-
lation was  forfeited.  But  it  was  not  a  forfeiture,  if  he  had  in
the  mean  time  contracted  new  obligations,  become  em-
[*  301]  barrassed  in  his  affairs,  and  less  able  to  *  pay  his  debts.
