an action to the lender both against
the child, whether he be still in power, or has become independent by
death of the ancestor or emancipation, and against the parent, whether
he still retains the child in his power, or has emancipated him. This
enactment was made by the Senate because it was found that persons
in power, when dragged down by the burden of loans which they had
squandered in profligacy, often plotted against the lives of their
parents.

8 Finally, it should be observed that where a contract has been entered
into by a slave or son in power at his master's or parent's bidding,
or where there has been a conversion to his uses, a condiction may be
brought directly against the parent or master, exactly as if he had
been the original contracting party in person. So too, wherever a man
is suable by either of the actions called exercitoria and institoria,
he may, in lieu thereof, be sued directly by a condiction, because in
effect the contract in such cases is made at his bidding.

TITLE VIII. OF NOXAL ACTIONS

Where a delict, such as theft, robbery, unlawful damages, or outrage,
is committed by a slave, a noxal action lies against the master, who
on being condemned has the option of paying the damages awarded, or
surrendering the slave in satisfaction of the injury.

1 The wrongdoer, that is, the slave, is called 'noxa'; 'noxia' is the
term applied to the wrong itself, that is, the theft, damage, robbery,
or outrage.

2 This principle of noxal surrender in lieu of paying damages awarded is
based on most excellent reason, for it would be unjust that the misdeed
of a slave should involve his master in any detriment beyond the loss of
his body.

3 If a master is sued by a noxal action on the ground of his slave's
delict, he is released from all liability by surrendering the slave in
satisfaction of the wrong, and by this surrender his right of ownership
is permanently transferred; though if the slave can procure enough money
to compensate the surrenderee in full for the wrong he did him, he can,
by applying to the praetor, get himself manumitted even against the will
of his new master.

4 Noxal actions were introduced partly by statute, partly by the Edict
of the praetor; for theft, by the statute of the Twelve Tables; for
unlawful damages, by the lex Aquilia; for outrage and robbery, by the
Edict.

5 Noxal actions always follow the person of the wrongdoer. Thus, if your
slave does a wrong while