[ULPIANUS libro octauo decimo ad edictum. ] §4.9.7.prDebet exercitor omnium nautarum suorum, siue liberi sint siue serui, factum praestare: nec immerito factum eorum praestat, cum ipse eos suo periculo adhibuerit.
[ULPIANUS in his eighteenth book on the Edict.] A ship operator must answer for the conduct of all his sailors, whether they are free persons or slaves; and it is not without reason that he answers for their conduct, since he himself employed them at his own risk.
sed non alias praestat, quam si in ipsa naue damnum datum sit: ceterum si extra nauem licet a nautis, non praestabit.
But he does not answer otherwise than if the damage was caused on the ship itself; for the rest, if it was caused outside the ship, even if by the sailors, he will not answer.
item si praedixerit, ut unusquisque uectorum res suas seruet neque damnum se praestaturum, et consenserint uectores praedictioni, non conuenitur.
Likewise, if he has declared beforehand that each of the passengers should keep his own things and that he will not make good any damage, and the passengers have consented to this declaration, he is not sued.
§4.9.7.1Haec actio in factum in duplum est.
This action on the facts is for double the amount.
§4.9.7.2Sed si quid nautae inter se damni dederint, hoc ad exercitorem non pertinet.
But if sailors cause any damage to one another, this does not concern the ship operator.
sed si quis sit nauta et mercator, debebit illi dari: quod si quis quos uolgo ναυτεπιβάτακ dicunt, et huic tenebitur, sed huius factum praestat, cum sit et nauta.
But if someone is both a sailor and a merchant, the action must be granted to him; but if there is someone whom they commonly call nauteuibatae, the operator will be liable to him, but he also answers for this person's conduct, since he is also a sailor.
§4.9.7.3Si seruus nautae damnum dederit, licet seruus nauta non sit, aequissimum erit in exercitorem actionem utilem dare.
If a sailor's slave causes damage, even though the slave is not a sailor, it will be most equitable to grant a useful action against the ship operator.
§4.9.7.4Hac autem actione suo nomine exercitor tenetur, culpae scilicet suae qui tales adhibuit: et ideo et si decesserint, non releuabitur.
Moreover, by this action the ship operator is held liable in his own name, namely for his own fault in employing such persons; and therefore, even if they have died, he will not be released.
seruorum autem suorum nomine noxali dumtaxat tenetur: nam cum alienos adhibet, explorare eum oportet, cuius fidei, cuius innocentiae sint: in suis uenia dignus est, si qualesquales ad instruendam nauem adhibuerit.
But on account of his own slaves, he is held liable only to a noxal action; for when he employs those of others, he ought to investigate what their reliability and innocence are, whereas in the case of his own, he is worthy of allowance, whatever their character, if he employed them to equip the ship.
§4.9.7.5Si plures nauem exerceant, unusquisque pro parte, qua nauem exercet, conuenitur.
If several persons operate a ship, each is sued in proportion to the share in which he operates the ship.
§4.9.7.6Haec iudicia quamuis honoraria sunt, tamen perpetua sunt: in heredem autem non dabuntur.
Although these actions are honorarian, they are nevertheless perpetual; however, they will not be granted against an heir.
proinde et si seruus nauem exercuit et mortuus est, de peculio non dabitur actio in dominum nec intra annum.
Therefore, even if a slave operated the ship and died, an action concerning the peculium will not be granted against the master, not even within a year.
sed cum uoluntate patris uel domini seruus uel filius exercent nauem uel cauponam uel stabulum, puto etiam hanc actionem in solidum eos pati debere, quasi omnia, quae ibi contingunt, in solidum receperint.
But when a slave or a son operates a ship, an inn, or a stable with the consent of the father or master, I think that they too ought to suffer this action for the whole, as if they had received everything that happens there for the whole.