Notae ad Iuliani Digestorum libros
Ex libro XIII
Dig. 19,1,23Idem libro tertio decimo digestorum. Si quis servum, quem cum peculio vendiderat, manumiserit, non solum peculii nomine, quod servus habuit tempore quo manumittebatur, sed et eorum, quae postea adquirit, tenetur et praeterea cavere debet, quidquid ex hereditate liberti ad eum pervenerit, restitutu iri. Marcellus notat: illa praestare venditor ex empto debet, quae haberet emptor, si homo manumissus non esset: non continebuntur igitur, quae, si manumissus non fuit, adquisiturus non esset.
The Same, Digest, Book XIII. If anyone should manumit a slave, after he had sold him together with his peculium, he will be liable not only for the peculium which the slave had at the time when he was manumitted, but also for what he acquired afterwards; and he must, in addition, furnish security to restore anything which might come into his hands from the estate of the freedman. Marcellus says in a note that the vendor is compelled, in an action on sale, to deliver whatever the purchaser would have obtained if the slave had not been manumitted. Therefore, nothing is included which he would have acquired if the slave had not been manumitted.