Book 4
2
Therefore the jurists of old raised the question III. p. 510, Bremer. of the proper meaning of a diseased slave and one that was defective, and to what degree a disease differed from a defect. Caelius Sabinus, in the book which he wrote Fr. 1, Huschke; 2, Bremer. On the Edict of t he Curule Aediles, quotes Labeo, Ad. Ed. Aed. fr. 27, Huschke; 1, Bremer. as defining a disease in these terms: Disease is an unnatural condition of any body, which impairs its usefulness. But he adds that disease affects sometimes the whole body and at other times a part of the body. That a disease of the whole body is, for example, consumption or fever, but of a part of the body anything like blindness or lameness. But, he continues, one who stutters or stammers is defective rather than diseased, and a horse which bites or kicks has faults rather than a disease. But one who has a disease is also at the same time defective. However, the converse is not also true; for one may have defects and yet not be diseased. Therefore in the case of a man who is diseased, says he, it will be just and fair to state to what extent ' the price will be less on account of that defect.'
