[ULPIANUS libro undecimo ad edictum. ] §4.2.12.prSed et partus ancillarum et fetus pecorum et fructus restitui et omnem causam oportet: nec solum eos qui percepti sunt, uerum si plus ego percipere potui et per metum impeditus sum, hoc quoque praestabit.
[ULPIAN, on the Edict, Book XI.] But also the offspring of female slaves, the young of cattle, and the fruits must be restored, and indeed all accessories; and not only those which have been gathered, but if I could have gathered more and was prevented by fear, he must also make this good.
§4.2.12.1Quaeri poterit, an etiam ei qui uim fecerat passo uim restitui praetor uelit per hoc edictum ea quae alienauit.
It may be asked whether the praetor, by this edict, would wish those things which he alienated to be restored even to one who, having used force, has himself suffered force.
et Pomponius scribit libro uicensimo octauo non oportere ei praetorem opem ferre: nam cum liceat, inquit, uim ui repellere, quod fecit passus est.
And Pomponius writes in his twenty-eighth book that the praetor ought not to bring him aid; for since it is lawful, he says, to repel force with force, he has suffered what he himself did.
quare si metu te coegerit sibi promittere, mox ego eum coegero metu te accepto liberare, nihil esse quod ei restituatur.
Therefore, if he forced you by fear to make a promise to him, and later I forced him by fear to release you by formal discharge, there is nothing that should be restored to him.
§4.2.12.2Iulianus ait eum, qui uim adhibuit debitori suo ut ei solueret, hoc edicto non teneri propter naturam metus causa actionis quae damnum exigit: quamuis negari non possit in Iuliam eum de ui incidisse et ius crediti amisisse.
Julian says that a person who used force against his debtor in order that the debtor should pay him is not liable under this edict, because of the nature of the action on the ground of fear, which requires a loss; although it cannot be denied that he fell under the Julian law on force and lost his right of credit.