[POMPONIUS libro quarto ad Quintum Mucium. ] §15.1.49.prNon solum id peculium est, quod dominus seruo concessit, uerum id quoque, quod ignorante quidem eo adquisitum sit, tamen, si rescisset, passurus erat esse in peculio.
[POMPONIUS in the fourth book on Quintus Mucius.] A peculium is not only that which a master has granted to his slave, but also that which, although acquired without his knowledge, he would nevertheless have allowed to be in the peculium if he had known of it.
§15.1.49.1Si ignorante me seruus meus negotia mea administrauerit, tantidem debitor mihi intellegetur, quanti tenebatur, si liber negotia mea administrasset.
If my slave should administer my affairs without my knowledge, he will be understood to be a debtor to me for just as much as he would have been liable for if a free man had administered my affairs.
§15.1.49.2Ut debitor uel seruus domino uel dominus seruo intellegatur, ex causa ciuili computandum est: ideoque si dominus in rationes suas referat se debere seruo suo, cum omnino neque mutuum acceperit neque ulla causa praecesserat debendi, nuda ratio non facit eum debitorem.
In order for either a slave to be understood as a debtor to his master, or a master to his slave, it must be calculated from a civil cause; and therefore, if a master should enter in his accounts that he owes money to his slave, when he has neither received any loan at all nor has any cause of owing preceded, the bare entry does not make him a debtor.