[ULPIANUS libro primo ad edictum aedilium curulium. ] §21.1.25.prAediles etiam hoc praestare emptorem uolunt, si in aliquo deterior factus sit seruus, sed ita demum, si post uenditionem traditionemque factus sit: ceterum si ante fuit, non pertinet ad hoc iudicium quod ante factum est.
[ULPIANUS libro primo ad edictum aedilium curulium.] The aediles also want the buyer to make this good, if the slave has been made worse in any respect, but only if it happened after the sale and delivery: but if it was before, what was done before does not pertain to this trial.
§21.1.25.1Siue ergo ipse deteriorem eum fecit siue familia eius siue procurator, tenebit actio.
Therefore, whether he himself made him worse, or his household, or his manager, the action will hold.
§21.1.25.2Familiae appellatione omnes qui in seruitio sunt continentur, etiam liberi homines, qui ei bona fide seruiunt, uel alieni: accipe eos quoque qui in potestate eius sunt.
Under the term "household", all who are in service are included, even free persons who serve him in good faith, or those of another: understand those also who are under his power.
§21.1.25.3Procuratoris fit mentio in hac actione: sed Neratius procuratorem hic eum accipiendum ait, non quemlibet, sed cui uniuersa negotia aut id ipsum, propter quod deterius factum sit, mandatum est.
Mention of a "manager" is made in this action: but Neratius says that the manager to be accepted here is not just anyone, but one to whom the entire business, or that very matter because of which the harm was done, has been entrusted.
§21.1.25.4Pedius ait aequum fuisse id dumtaxat imputari emptori ex facto procuratoris et familiae, quod non fuit passurus seruus nisi uenisset: quod autem passurus erat etiam, si non uenisset, in eo concedi emptori serui sui noxae deditionem et ex eo, inquit, quod procurator commisit, solum actionum praestandarun necessitatem ei iniungi.
Pedius says that it was fair that only that should be imputed to the buyer from the act of the manager and the household, which the slave would not have suffered unless he had been sold: but as for what he would have suffered even if he had not been sold, in that matter the noxal surrender of his own slave should be granted to the buyer, and from what the manager committed, he says, only the necessity of ceding actions is imposed on him.
§21.1.25.5Quid ergo, si culpa, non etiam dolo emptoris seruus deterior factus sit? aeque condemnabitur.
What then, if the slave has been made worse by the fault, and not also by the fraud, of the buyer? He will be equally condemned.
§21.1.25.6Hoc autem, quod deterior factus est seruus, non solum ad corpus, sed etiam ad animi uitia referendun est, ut puta si imitatione conseruorum apud emptorem talis factus est, aleator forte uel uinarius uel erro euasit.
Moreover, this fact that the slave has been made worse must be referred not only to the body, but also to the defects of the mind, as for instance if, by imitating his fellow slaves at the buyer's house, he became such that he turned out to be perhaps a gambler, or a drunkard, or a runaway.
§21.1.25.7Sed notandum est, quod non permittitur emptori ex huiusmodi causis noxae dedere seruum suum: nec enim factum seruorum suorum itemque procuratoris praestat.
But it must be noted that the buyer is not permitted to surrender his slave as noxa for these reasons; for he does not answer for the act of his slaves and likewise of his manager.
§21.1.25.8Item sciendum est haec omnia, quae exprimuntur edicto aedilium, praestare eum debere, si ante iudicium acceptum facta sint: idcirco enim necesse habuisse ea enumerari, ut, si quid eorum ante litem contestatam contigisset, praestaretur.
Likewise, it must be known that he must make good all these things, which are expressed in the edict of the aediles, if they occurred before the trial was accepted: for it was for this reason that they needed to be enumerated, so that, if any of them had happened before the contestation of the suit, it might be made good.
ceterum post iudicium acceptum tota causa ad hominem restituendum in iudicio uersatur, et tam fructus ueniunt quam id quo deterior factus est ceteraque ueniunt: iudici enim statim atque iudex factus est omnium rerum officium incumbit, quaecumque in iudicio uersantur: ea autem quae ante iudicium contingunt non ualde ad eum pertinent, nisi fuerint ei nominatim iniuncta.
But after the trial is accepted, the whole case in the trial is concerned with restoring the person, and both the fruits and that by which he was made worse and other things are included: for upon the judge, as soon as he is made judge, the duty of all things is imposed, whatever is involved in the trial; but those things which happen before the trial do not greatly concern him, unless they have been specifically enjoined upon him.
§21.1.25.9Praeterea in edicto adicitur sic: 'et quanta pecunia pro eo homine soluta accessionisue nomine data erit, non reddetur: cuiusue pecuniae quis eo nomine obligatus erit, non liberabitur'. §21.1.25.10Ordine fecerunt aediles, ut ante uenditori emptor ea omnia, quae supra scripta sunt, praestet, sic deinde pretium consequatur.
Furthermore, in the edict it is added as follows: "and whatever money has been paid for that person or given under the name of an accession shall not be returned; nor shall anyone be released from the money for which he was obligated under that name." The aediles acted in an orderly manner, so that the buyer first performs all those things written above for the seller, and only then obtains the price.