[PAULUS libro secundo ad Plautium. ] §9.2.33.prSi seruum meum occidisti, non affectiones aestimandas esse puto, ueluti si filium tuum naturalem quis occiderit quem tu magno emptum uelles, sed quanti omnibus ualeret.
[PAULUS, in the second book on Plautius.] If you have killed my slave, I think that personal affection is not to be estimated, as for instance if someone has killed your natural son whom you would have wished to purchase at a high price, but rather what his value would be to everyone.
Sextus quoque Pedius ait pretia rerum non ex affectione nec utilitate singulorum, sed communiter fungi: itaque eum, qui filium naturalem possidet, non eo locupletiorem esse, quod eum plurimo, si alius possideret, redempturus fuit, nec illum, qui filium alienum possideat, tantum habere, quanti eum patri uendere posset.
Sextus Pedius also says that the prices of things perform their function not according to the personal affection or utility of individuals, but commonly; therefore, a person who possesses his own natural son is not any the richer on the ground that he would have redeemed him at a very high price if another possessed him, nor does a person who possesses another's son have as much as he could sell him for to his father.
in lege enim Aquilia damnum consequimur: et amisisse dicemur, quod aut consequi potuimus aut erogare cogimur.
For under the Lex Aquilia we recover our damage, and we are said to have lost what we either could have obtained or are compelled to pay out.
§9.2.33.1In damnis, quae lege Aquilia non tenentur, in factum datur actio.
In the case of damages which are not covered by the Lex Aquilia, an action on the facts is granted.