- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.41.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-07
The passage discusses the distinction in liability and available actions against a master when one manages the master's affairs either at the mere prompting of a slave or as if by the slave's mandate.
[IDEM libro trigensimo secundo ad edictum.]
[THE SAME, On the Edict, Book XXXII]
Si serui mei rogatu1 negotia mea susceperis, si dumtaxat2 admonitus a seruo meo id feceris, erit inter nos negotiorum gestorum actio: si uero quasi mandatu serui,3 etiam de peculio et de in rem uerso4 agere te posse responsum est.5
If you have undertaken my business at the request of my slave—provided that you did so merely having been prompted by my slave—an action on business transacted shall lie between us; but if you did so as if by the mandate of the slave, it is answered that you can also bring an action concerning the peculium and concerning what has been turned to my profit.
- 3.5.41.prrogatu
The ablative singular of the fourth-declension noun rogatus (request, entreaty), indicating the cause or motive of the action ("at the request of").
- 3.5.41.prdumtaxat
A restrictive adverb meaning "merely" or "only." It limits the previous condition ("at the request of my slave") to the specific case where the person was "merely prompted" (admonitus) by the slave.
- 3.5.41.prquasi mandatu serui
mandatu is the ablative of the noun mandatus (mandate, order). Accompanied by quasi ("as if"), the verb of the conditional clause (susceperis or feceris) is omitted. It presents a contrasting condition: "as if it were done by the mandate of the slave," rather than by mere prompting.
- 3.5.41.prde peculio et de in rem uerso
Prepositional phrases referring respectively to the actio de peculio (action concerning the peculium) and actio de in rem verso (action concerning profit turned to account). These are actions of an added nature (actiones adiecticiae qualitatis) by which a master is held liable for the acts of a dependent person, modifying the infinitive agere.
- 3.5.41.prresponsum est
An impersonal expression meaning "it has been answered," which takes the accusative-with-infinitive clause te posse agere as its subject. A standard formulaic expression in juristic literature to indicate an opinion or ruling given by Roman jurists.