[ULPIANUS libro trigensimo septimo ad edictum. ] §11.1.16.prSi seruus ab hostibus captus sit, de quo quis in iure interrogatus responderit in sua potestate esse, quamuis iura postliminiorum possint efficere dubitare nos, adtamen non puto locum esse noxali actioni, quia non est in nostra potestate.
[ULPIAN, from the thirty-seventh book on the Edict.] If a slave should be captured by enemies, concerning whom someone, upon being interrogated in court, answered that the slave was in his power, although the laws of postliminium might make us hesitate, nevertheless I do not think there is room for a noxal action, because he is not in our power.
§11.1.16.1Quamquam autem placet etiam eum teneri, qui alienum seruum suum fassus esset, adtamen rectissime placuit eum demum teneri, qui suum potuit habere, ceterum, si dominium quaerere non potuit, non teneri.
However, although it is accepted that even he who confessed another's slave to be his own is liable, nevertheless it was most rightly accepted that he only is liable who was able to have the slave as his own, but on the other hand, if he could not acquire ownership, he is not liable.