was called _transactio in via_, and serves to explain a passage in St. Matthew, v. 25. When before the praetor, the parties were said _jure agere_. The plaintiff then prayed for an action, and if the praetor allowed it (_dabat actionem_), he then declared what action he intended to bring against the defendant, which he called _edere actionem_. This might be done in writing, or orally, or by the plaintiff taking the defendant to the _album_ [ALBUM], and showing him which action he intended to rely on. As the _formulae_ on the album comprehended, or were supposed to comprehend, every possible form of action that could be required by a plaintiff, it was presumed that he could find among all the formulae some one which was adapted to his case; and he was, accordingly, supposed to be without excuse if he did not take pains to select the proper formula. If he took the wrong one, or if he claimed more than his due, he lost his cause (_causa cadebat_); but the praetor sometimes gave him leave to amend his claim or _intentio_. It will be observed, that as the formulae were so numerous and comprehensive, the plaintiff had only to select the formula which he supposed to be suitable to his case, and it would require no further variation than the insertion of the names of the parties and of the thing claimed, or the subject-matter of the suit, with the amount of damages, &c., as the case might be. When the praetor had granted an action, the plaintiff required the defendant to give security for his appearance before the praetor (_in jure_) on a day named, commonly the day but one after the _in jus vocatio_, unless the matter in dispute was settled at once. The defendant, on finding a surety, was said _vades dare_, _vadimonium promittere_, or _facere_; the surety, _vas_, was said _spondere_; the plaintiff, when satisfied with the surety, was said _vadari reum_, to let him go on his sureties, or to have sureties from him. When the defendant promised to appear _in jure_ on the day named, without giving any surety, this was called _vadimonium purum_. In some cases, _recuperatores_ [JUDEX] were named, who, in case of the defendant making default, condemned him in the sum of money named in the _vadimonium_. If the defendant appeared on the day appointed, he was said _vadimonium sistere_; if he did not appear, he was said _vadimonium deseruisse_; and the praetor gave to the plaintiff the _bonorum possessio_. Both parties, on the day appointed, were summoned by a crier (_praeco_), when the plaintiff made his claim or demand, which was very briefly expressed, and may be considered as corresponding to our declaration at law. The defendant might either deny the plaintiff’s claim, or he might reply to it by a plea, _exceptio_. If he simply denied the plaintiff’s claim, the cause was at issue, and a judex might be demanded. The forms of the _exceptio_, also, were contained in the praetor’s edict, or, upon hearing the facts, the praetor adapted the plea to the case. The