[ULPIANUS libro uicensimo nono ad edictum. ] §14.4.7.prIllud quoque cauere debet, si quid aliud domini debitum emerserit, refusurum se ei pro rata.
[ULPIANUS, from the twenty-ninth book on the Edict.] He must also give security that, if any other debt of the master should emerge, he will refund him pro rata.
finge enim condicionale debitum imminere uel in occulto esse: hoc quoque admittendum est: nam iniuriam dominus pati non debet, licet in tributum uocatur.
For suppose that a conditional debt is impending or is hidden: this also must be admitted; for the master ought not to suffer injury, even though he is summoned for distribution.
§14.4.7.1Quid tamen si dominus tribuere nolit nec hanc molestiam suscipere, sed peculio uel mercibus cedere paratus sit? Pedius refert audiendum eum, quae sententia habet aequitatem: et plerumque arbitrum in hanc rem praetor debebit dare, cuius interuentu tribuantur merces peculiares.
But what if the master does not wish to make the distribution, nor to undertake this trouble, but is ready to surrender the peculium or the goods? Pedius reports that he should be heard, which opinion possesses equity; and in most cases the praetor ought to appoint an arbiter for this matter, through whose intervention the goods belonging to the peculium may be distributed.
§14.4.7.2Si cuius dolo malo factum est, quo minus ita tribueretur, in eum tributoria datur, ut quanto minus tributum sit quam debuerit, praestet: quae actio dolum malum coercet domini.
If it has been brought about by anyone's fraud that a distribution was not made in this way, the tributorian action is granted against him, so that he may pay by how much less than what was due has been distributed; which action restrains the fraud of the master.
minus autem tribuere uidetur etiam si nihil tributum sit.
Moreover, a person is deemed to distribute less even if nothing at all is distributed.
si tamen ignorans in merce seruum habere minus tribuit, non uidetur dolo minus tribuisse, sed re comperta si non tribuat, dolo nunc non caret.
However, if, being ignorant that his slave had a business in the goods, he distributed less, he is not deemed to have distributed less by fraud; but if, after the fact is discovered, he does not distribute, he is not now free from fraud.
proinde si sibi ex ea merce solui fecit, utique dolo uidetur minus tribuisse.
Accordingly, if he caused payment to be made to himself out of those goods, he is certainly deemed to have distributed less by fraud.
§14.4.7.3Sed et si mercem perire passus est aut eam auertit aut uilioris data opera distraxit uel si ab emptoribus pretium non exegerit, dicendum erit teneri eum tributoria si dolus interuenit.
But also if he allowed the goods to perish, or diverted them, or intentionally sold them at a lower price, or if he has not exacted the price from the buyers, it must be said that he is held by the tributorian action, if fraud has intervened.
§14.4.7.4Sed et si negauerit dominus cuiquam deberi, uidendum erit, an tributoriae locus sit: et est uerior Labeonis sententia tributoriam locum habere: alioquin expediet domino negare.
But also if the master denies that anything is owed to anyone, it will have to be seen whether there is room for the tributorian action; and Labeo’s opinion is more correct, that the tributorian action has a place; otherwise, it will be advantageous for the master to deny.
§14.4.7.5Haec actio et perpetuo et in heredem datur de eo dumtaxat quod ad eum peruenit,
This action is granted both in perpetuity and against an heir, only to the extent of what has reached him,