[IDEM libro uicesimo septimo quaestionum. ] §19.5.8.prSi dominus seruum, cum furto argueretur, quaestionis habendae causa aestimatum dedisset neque de eo compertum fuisset et is non redderetur, eo nomine ciuiliter agi posse, licet aliquo casu seruum retenturus esset, qui traditum accepisset.
[THE SAME in the twenty-seventh book of Questions.] If an owner, when a slave was accused of theft, had delivered him at an estimated value for the purpose of holding an inquiry, and nothing was found against him and he was not returned, an action can be brought under civil law on that account, even though he who received the delivery was, in a certain event, to retain the slave.
potest enim retinere seruum, siue dominus pro eo pecuniam elegisset siue in admisso deprehensus fuisset: tunc enim et datam aestimationem reddi a domino oportere.
For he can retain the slave, whether the owner had chosen money instead of him, or the slave had been caught in the commission of the offense; for in that case, the given valuation must also be returned by the owner.
sed quaesitum est, qua actione pecunia, si eam dominus elegisset, peti posset.
But it was asked by what action the money could be claimed if the owner had chosen it.
dixi, tametsi quod inter eos ageretur uerbis quoque stipulationis conclusum non fuisset, si tamen lex contractus non lateret, praescriptis uerbis incerti et hic agi posse, nec uideri nudum pactum interuenisse, quotiens certa lege dari probaretur.
I said that, although what was agreed between them had not also been concluded by the words of a stipulation, yet if the terms of the contract were clear, an action with prescribed words for an uncertain amount can be brought here as well, and it does not appear that a bare pact has intervened, whenever it is proved that delivery was made under a specific condition.