“The edict is in these terms: ‘NAUTAE, CAUPONES, STABULARII, QUOD CUJUSQUE SALVUM FORE RECEPERINT, NISI RESTITUENT, IN EOS JUDICIUM DABO .’ This rule, from its expediency, has been, with some variations, received into the law of Scotland. Persons of this description are liable for their servants, or even for the acts of guests and passengers; and the extent of the damage may be proved by the oath of the claimant.” William Bell, Bell’s Dictionary and Digest of the Law of Scotland 737 (George Watson ed., 7th ed. 1890).
nautae caupones stabularii
nautae, caupones, stabularii (naw-tee, kaw-poh-neez, stab-y[schwa]-lair-ee-I). [Latin] Roman law. Carriers by sea, innkeepers, stablers. • The phrase was used in an edict holding shippers, innkeepers, and stablers liable for damages to goods entrusted to them for safekeeping (receptum). Members of this group were also vicariously liable for the torts of their employees and slaves.
