[IDEM libro quadragensimo tertio ad Sabinum. ] §41.1.23.prQui bona fide alicui seruit, siue seruus alienus est siue homo liber est, quidquid ex re eius cui seruit adquirit, ei adquirit, cui bona fide seruit.
[THE SAME, On Sabinus, book 43] Anyone who serves someone in good faith, whether he is another's slave or a free person, acquires whatever he acquires from the property of the person whom he serves for that person whom he serves in good faith.
sed et si quid ex operis suis adquisierit, simili modo ei adquirit: nam et operae quodammodo ex re eius cui seruit habentur, quia iure operas ei exhibere debet, cui bona fide seruit.
But even if he acquires something from his own labor, he acquires it in a similar manner for that person; for labor is also in a way considered to come from the property of the person whom he serves, because he ought by law to perform labor for the person whom he serves in good faith.
§41.1.23.1Tamdiu autem adquirit, quamdiu bona fide seruit: ceterum si coeperit scire esse eum alienum uel liberum, uideamus, an ei adquirit.
He acquires, however, only as long as he serves in good faith; but if the owner begins to know that he is another's slave or a free person, let us see whether he acquires for him.
quaestio in eo est, utrum initium spectamus an singula momenta: et magis est, ut singula momenta spectemus.
The question is whether we look at the beginning or at each individual moment; and it is more correct that we look at each individual moment.
§41.1.23.2Generaliter dicendum est, quod ex re sua, hoc est eius cui bona fide quis seruit, ei adquirere non potest, sibi eum adquisiturum, quod autem non ex re eius sibi adquirere non potest, ei adquisiturum, cui bona fide seruit.
Generally, it must be said that whatever he cannot acquire for his master from his master's property—that is, the property of the person whom he serves in good faith—he will acquire for himself; but whatever he cannot acquire for himself, not being from his master's property, he will acquire for the person whom he serves in good faith.
§41.1.23.3Si quis duobus bona fide seruiat, utrique adquiret, sed singulis ex re sua.
If anyone serves two persons in good faith, he will acquire for both, but for each from their respective property.
quod autem ex re alterius est, utrum pro parte ei, cui bona fide seruit, pro parte domino, si seruus sit, aut, si liber sit, ei cui bona fide seruit, an uero ei debeat adquirere totum, ex cuius re est, uideamus.
But where a thing comes from the property of one of them, let us see whether he ought to acquire it partly for the person whom he serves in good faith and partly for his owner, if he is a slave—or, if he is a free person, for the person whom he serves in good faith—or indeed whether he ought to acquire the whole for the person from whose property it comes.
quam speciem Scaeuola quoque tractat libro secundo quaestionum: ait enim, si alienus seruus duobus bona fide seruiat et ex unius eorum re adquirat, rationem facere, ut ei dumtaxat in solidum adquirat.
Scaevola also treats this case in the second book of his Questions; for he says that if another's slave serves two persons in good faith and acquires from the property of one of them, it is reasonable that he should acquire it in full only for that one.
sed si adiciat eius nomen, ex cuius re stipulatur, nec dubitandum esse ait, quin ei soli adquiratur, quia et si ex re ipsius stipularetur alteri ex dominis, nominatim stipulando solidum ei adquiret.
But if he adds the name of the person from whose property he stipulates, he says it is not to be doubted that it is acquired for that one alone; because even if he stipulated from that person's property for the other of his masters, by stipulating by name he would acquire the whole for him.
et in inferioribus probat, ut, quamuis non nominatim nec iussu meo, ex re tamen mea stipulatus sit, cum pluribus bona fide seruiret, mihi soli adquirat.
And in the subsequent passages he approves that, although it was not done by name nor by my order, yet if he stipulated from my property while serving several in good faith, he acquires for me alone.
nam et illud, receptum est, ut, quotiens communis seruus omnibus adquirere non potest, ei soli eum adquirere, cui potest.
For this too is accepted: that whenever a common slave cannot acquire for all, he acquires for that one alone for whom he can.
et hoc Iulianum quoque scribere saepe rettuli eoque iure utimur.
And I have often recalled that Julian also writes this, and we use this law.