[ULPIANUS libro quarto ad edictum. ] §2.13.1.prQua quisque actione agere uolet, eam edere debet: nam aequissimum uidetur eum qui acturus est edere actionem, ut proinde sciat reus, utrum cedere an contendere ultra debeat, et, si contendendum putat, ueniat instructus ad agendum cognita actione qua conueniatur.
Whatever action anyone wishes to bring, he must disclose it: for it seems most equitable that he who is about to sue should disclose the action, so that the defendant may accordingly know whether he ought to yield or to contest the matter further, and, if he thinks he should contest it, he may come prepared to plead, having learned of the action by which he is being sued.
§2.13.1.1Edere est etiam copiam describendi facere: uel in libello complecti et dare: uel dictare.
To disclose is also to give an opportunity of copying; or to set down in a petition and deliver it; or to dictate.
eum quoque edere Labeo ait, qui producat aduersarium suum ad album et demonstret quod dictaturus est uel id dicendo, quo uti uelit.
Labeo says that he also discloses, who leads his adversary to the album and points out what he is about to dictate, or by stating in words what he wishes to employ.
§2.13.1.2Editiones sine die et consule fieri debent, ne quid excogitetur edito die et consule et praelato die fiat.
Disclosures ought to be made without the day and the consul, lest some fraud be devised upon the disclosure of the day and the consul, and the date be antedated.
diem autem et consulem excepit praetor quo instrumentum conscriptum est, non in quem solutio concepta est: nam dies solutionis sicuti summa pars est stipulationis.
But the praetor excepted the day and the consul on which the document was drawn up, not that for which the payment was arranged: for the day of payment is, as it were, a vital part of the stipulation.
rationes tamen cum die et consule edi debent, quoniam accepta et data non alias possunt apparere, nisi dies et consul fuerit editus.
Accounts, however, must be disclosed with the day and the consul, since receipts and payments cannot otherwise appear, unless the day and the consul have been disclosed.
§2.13.1.3Edenda sunt omnia, quae quis apud iudicem editurus est: non tamen ut et instrumenta, quibus quis usurus non est, compellatur edere.
All things must be disclosed which anyone is going to produce before the judge: not, however, so that he should be compelled to disclose also those documents which he is not going to use.
§2.13.1.4Edere non uidetur qui stipulationem totam non edidit.
He is not deemed to have disclosed, who has not disclosed the entire stipulation.
§2.13.1.5Eis, qui ob aetatem uel rusticitatem uel ob sexum lapsi non ediderunt uel ex alia iusta causa, subuenietur.
Relief will be granted to those who, having erred on account of age, rustic ignorance, or sex, have not made disclosure, or for some other just cause.