[IDEM libro secundo ad edictum aedilium curulium. ] §21.1.44.prIustissime aediles noluerunt hominem ei rei quae minoris esset accedere, ne qua fraus aut edicto aut iure ciuili fieret: ut ait Pedius, propter dignitatem hominum: alioquin eandem rationem fuisse et in ceteris rebus: ridiculum namque esse tunicae fundum accedere.
[THE SAME in the second book on the Edict of the Curule Aediles.] Very justly the aediles did not wish a human being to be accessory to a thing of lesser value, lest any fraud should be committed either against the edict or the civil law: as Pedius says, on account of the dignity of human beings: otherwise, the same rule would have applied to other things as well: for it would be ridiculous for a land to be accessory to a tunic.
ceterum hominis uenditioni quiduis adicere licet: nam et plerumque plus in peculio est quam in seruo, et nonnumquam uicarius qui accedit pluris est quam is seruus qui uenit.
On the other hand, it is permitted to add anything whatsoever to the sale of a human being: for both typically there is more in the peculium than in the slave, and sometimes the subordinate slave who is added is worth more than the slave who is sold.
§21.1.44.1Proponitur actio ex hoc edicto in eum cuius maxima pars in uenditione fuerit, quia plerumque uenaliciarii ita societatem coeunt, ut quidquid agunt in commune uideantur agere: aequum enim aedilibus uisum est uel in unum ex his, cuius maior pars aut nulla parte minor esset, aedilicias actiones competere, ne cogeretur emptor cum multis litigare, quamuis actio ex empto cum singulis sit pro portione, qua socii fuerunt: nam id genus hominum ad lucrum potius uel turpiter faciendum pronius est.
Under this edict, an action is granted against the one whose share in the sale was the largest, because slave-dealers usually form partnerships in such a way that whatever they do, they appear to do in common: for it seemed equitable to the aediles that the aedilian actions should be available against even just one of them whose share was the larger or at least not smaller than any other's, lest the buyer be forced to litigate with many people, although the action on purchase against individual partners is in proportion to the share in which they were partners: for that class of men is rather prone to lucre, or even to acting dishonestly.
§21.1.44.2In redhibitoria uel aestimatoria potest dubitari, an, quia alienum seruum uendidit, et ob euictionem et propter morbum forte uel fugam simul teneri potest: nam potest dici nihil interesse emptoris sanum esse, fugitium non esse eum, qui euictus sit.
In the redhibitory action or the estimatory action, it can be doubted whether, because he sold another's slave, he can be held liable at the same time both on account of eviction and because of disease or flight, perhaps: for it can be said that it does not matter to the buyer that the slave, who has been evicted, is healthy or not a runaway.
sed interfuit emptoris sanum possedisse propter operas, neque ex postfacto decrescat obligatio: statim enim ut seruus traditus est committitur stipulatio quanti interest emptoris.
But it did matter to the buyer to have possessed a healthy slave on account of his services, and the obligation does not decrease by a subsequent event: for as soon as the slave was delivered, the stipulation for the amount of the buyer's interest is activated.