[ULPIANUS libro octauo decimo ad edictum. ] §9.2.9.prItem si obstetrix medicamentum dederit et inde mulier perierit, Labeo distinguit, ut, si quidem suis manibus supposuit, uideatur occidisse: sin uero dedit, ut sibi mulier offerret, in factum actionem dandam, quae sententia uera est: magis enim causam mortis praestitit quam occidit.
[ULPIANUS, from the eighteenth book on the Edict.] Likewise, if a midwife has given a medicine and from this the woman has died, Labeo distinguishes: if indeed she inserted it with her own hands, she is deemed to have killed; but if she gave it so that the woman might apply it to herself, an action on the facts must be granted, which opinion is true; for she rather furnished the cause of death than killed.
§9.2.9.1Si quis per uim uel suasum medicamentum alicui infundit uel ore uel clystere uel si eum unxit malo ueneno, lege Aquilia eum teneri, quemadmodum obstetrix supponens tenetur.
If anyone, by force or persuasion, pours a medicine into someone, either by mouth or by a clyster, or if he has anointed him with a harmful poison, he is held under the Lex Aquilia, just as the midwife who inserts it is held.
§9.2.9.2Si quis hominem fame necauerit, in factum actione teneri Neratius ait.
If anyone has killed a person by starvation, Neratius says that he is held by an action on the facts.
§9.2.9.3Si seruum meum equitantem concitato equo effeceris in flumen praecipitari atque ideo homo perierit, in factum esse dandam actionem Ofilius scribit: quemadmodum si seruus meus ab alio in insidias deductus, ab alio esset occisus.
If, while my slave was riding, you caused him to be cast down into a river by exciting his horse, and thereby the man died, Ofilius writes that an action on the facts must be granted; just as if my slave, having been led into an ambush by one person, were killed by another.
§9.2.9.4Sed si per lusum iaculantibus seruus fuerit occisus, Aquiliae locus est: sed si cum alii in campo iacularentur, seruus per eum locum transierit, Aquilia cessat, quia non debuit per campum iaculatorium iter intempestiue facere.
But if a slave was killed among those throwing javelins in sport, there is room for the Lex Aquilia; but if, while others were throwing javelins in the campus, the slave passed through that place, the Lex Aquilia ceases to apply, because he ought not to have made his way through the javelin-throwing campus at an unseasonable time.
qui tamen data opera in eum iaculatus est, utique Aquilia tenebitur:
However, one who has cast a javelin at him on purpose will certainly be held under the Lex Aquilia.