[MARCELLUS libro quinto digestorum. ] §20.1.27.prSeruum, quem quis pignori dederat, ex leuissima offensa uinxit, mox soluit, et quia debito non satisfaciebat, creditor minoris seruum uendidit: an aliqua actio creditori in debitorem constituenda sit, quia crediti ipsius actio non sufficit ad id quod deest persequendum? quid si eum interfecisset aut eluscasset? ubi quidem interfecisset, ad exhibendum tenetur: ubi autem eluscasset, quasi damni iniuriae dabimus actionem ad quantum interest, quod debilitando aut uinciendo persecutionem pignoris exinanierit.
[MARCELLUS, in his fifth book of the Digests.] A person bound a slave whom he had given in pledge, on account of a very slight offense, and soon after released him, and because he did not satisfy the debt, the creditor sold the slave for less: should any action be established for the creditor against the debtor, because the action on the debt itself is not sufficient to pursue what is lacking? What if he had killed him or put out his eye? Where indeed he had killed him, he is liable to an action for production; but where he had put out his eye, we shall grant an action as if for unlawful damage to the extent of his interest, because by debilitating or binding him he rendered the pursuit of the pledge worthless.
fingamus nullam crediti nomine actionem esse, quia forte causa ceciderat: non existimo indignam rem animaduersione et auxilio praetoris.
Let us imagine that there is no action under the name of the debt, because perhaps he had lost his case: I do not think the matter is unworthy of the attention and assistance of the praetor.
ULPIANUS notat: si, ut creditori noceret, uinxit, tenebitur, si merentem, non tenebitur.
Ulpian notes: if he bound him in order to harm the creditor, he will be liable; if because he deserved it, he will not be liable.