[ULPIANUS libro trigesimo secundo ad edictum. ] §19.2.11.prUideamus, an et seruorum culpam et quoscumque induxerit praestare conductor debeat? et quatenus praestat, utrum ut seruos noxae dedat an uero suo nomine teneatur? et aduersus eos quos induxerit utrum praestabit tantum actiones an quasi ob propriam culpam tenebitur? mihi ita placet, ut culpam etiam eorum quos induxit praestet suo nomine, etsi nihil conuenit, si tamen culpam in inducendis admittit, quod tales habuerit uel suos uel hospites: et ita Pomponius libro sexagesimo tertio ad edictum probat.
[ULPIAN, On the Edict, book 32] Let us see whether the lessee ought to be liable both for the fault of his slaves and of whomever he has brought in; and to what extent he is liable, whether he must surrender the slaves for damage or indeed is held in his own name? And against those whom he has brought in, will he only surrender his actions or will he be held as if for his own fault? It pleases me that he should be liable in his own name for the fault of those whom he has brought in, even if nothing was agreed, provided however he admits fault in bringing them in, because he kept such persons either as his own slaves or as guests; and this Pomponius approves in his sixty-third book on the Edict.
§19.2.11.1Si hoc in locatione conuenit 'ignem ne habeto' et habuit, tenebitur etiam si fortuitus casus admisit incendium, quia non debuit ignem habere.
If this was agreed in the lease 'do not have fire' and he had it, he will be held even if a fortuitous event brought about the fire, because he ought not to have had fire.
aliud est enim ignem innocentem habere: permittit enim habere, sed innoxium, ignem.
For it is another thing to have an innocent fire; for it allows one to have fire, but a harmless one.
§19.2.11.2Item prospicere debet conductor, ne aliquo uel ius rei uel corpus deterius faciat uel fieri patiatur.
Likewise, the lessee must take care that he does not in any way make the right or the physical substance of the thing worse, or allow it to be made worse.
§19.2.11.3Qui uinum de Campania transportandum conduxisset, deinde mota a quodam controuersia signatum suo et alterius sigillo in apothecam deposuisset, ex locato tenetur, ut locatori possessionem uini sine controuersia reddat, nisi culpa conductor careret.
A person who had hired the transport of wine from Campania, and then, a dispute having been raised by someone, deposited it in a warehouse sealed with his own seal and that of the other party, is held under the lease to return the possession of the wine to the lessor without dispute, unless the lessee was free from fault.
§19.2.11.4Inter conductorem et locatorem conuenerat, ne in uilla urbana faenum componeretur: composuit: deinde seruus igne illato succendit.
It had been agreed between the lessee and the lessor that hay should not be piled up in the city villa; he piled it up; then a slave set it on fire by bringing in fire.
ait Labeo teneri conductorem ex locato, quia ipse causam praebuit inferendo contra conductionem.
Labeo says that the lessee is held under the lease, because he himself provided the cause by bringing it in contrary to the lease.