Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

794 NEGOTIORUM GESTORUM ACTIO. NEMEA.
view of doing it for nothing, but with the intention
of establishing a right against the negotii dominos,
though that might not be the immediate motive to
- undertaking the thing (Savigny, Systenm, &c. iii. p. 6,
note 9.) There was, however, no negotiorum gestorum actio contraria, if the gestor had done the acts
(\ y! 2N>W9that he did, with the clear intention of doing an act
of Liberalitas or Pietas. The edict allowed a man
to recover the expenses that he had been put to
about another man's interment, though he had no
direct authority for looking after it. The reason
of the rule was, that persons might not be prevented
I.,We'd t // @froul attending to so necessary a matter as the in~'i~ h v terment of a corpse, if there was no person present
to wsom the duty belonged. (Dig. I1. tit. 7.
De RIelig. et Sumptibus funerum.)
It was a much disputed question what was the
effect of Ratihabitio on the negotiorum gestio,
whether it was thereby turned into a Mandatum.
(See Vangerow, Pandekten, &c., iii. p. 483.) The
dominus was not bound by the negotiorum gestio,
except when the acts done were such as were necessary to prevent some imminent loss or damage to
his property, as already observed. BIut he might,
if he pleased, confirm the negotium, though it was
male gestum.
=,, —_-,e-,.-e —-— ~;,~ 3:~ (Inst. 3. tit. 27. s. 3, &c.; Dig. 44. tit. 7. s. 5;
Dig. 3. tit. 5. De ANegotiis Gestis; Cod. 2. tit. 19;
commonly put on in the same manner as the aegis, Vangerow, Pandekten, &c. iii. p. 479.) [G. L.]
or goat-skin, by tying the two fore legs over the NEGOTIATO'RES, signified specially during
right shoulder so as to allow the body of the skin the later times of the republic Roman citizens
to cover the left side of the wearer. (Ovid. Met. vi. settled in the provinces, who lent money upon in593.) [J. Y.] terest or bought up corn on speculation, which
NECRODEIPNON (Yeicpdeitnrov). [FUNU2, they sent to Rome as well as to other places.
p. 557, b.) Their chief business however was lending money
NECY'SIA (veKv'-La). [FuNus, p. 558, a.] upon interest, and hence we find the words neyotia,
NEFASTI DIES. [DIES.] negotiatio, and negotiari used in this sense. The
NEGATI'VA,NEGATO'RIA ACTIO. [CoN. negotiatores are distinguished from the publical2i
FESSORIA ACTIO.] (Cic. ad Att. ii. 16, "maloe neotiatoribus satisfacere,
NEGLIGE'NTIA. [CULPA.] quam pzlblicanis;" comp. Cic. Verr. ii. 3, pro
NEGOTIOIRUM GESTO'RUM AICTIO. Flace. 16, pro Leg. M1amnil. 7), and from the mzerThis was an action which a man might have catores (Cic. pro Plane. 26, " negotiatoribus comis,
against another who had managed his affairs for |mercatoribus justus "). That the word negotiatores
him in his absence, without being commissioned to was, during the later times of the republic, always
do so (sine neandato). The action was not founded used in the signification above given is amply
either on contract or delict, but was allowed for proved by Ernesti in the treatise quoted below,
convenience sake (utilitatis causa). The person and is also sufficiently clear from the following
whose business was transacted by another, and the passages (Cic. pro Elace. 29, Verr. iii. 60, ad Q.
person who transacted the business, might severally F2. i. I, pro Mlacc. 36; Hlirt. B. A:fr. 36). Hence
have an action against one another in respect of the negotiatores in the provinces corresponded to
that which " ex bona fide alterum alteri praestare the argentarii and feneratores at Rome; and ac.
oportet." The dominus negotii had a negotioium cordingly we find Cicero giving the name of
gestorum actio directa. The action of the self- jfeseratores to certain persons at Rome, and afterconstituted agent (gestor) was sometimes called wards calling the very same persons nezgotiatores
Contraria, by analogy to similar actions in other when they are in the provinces (Cic. ad Att. v. 21,
cases. He was bound to make good any loss that vi. 1-3). Compare Ernesti, De Negotiatoribus ia
was incurred during his administration by dolus his Opuscula Philologica.
or culpa, and in some instances even loss that had NEMEA (ve'Jea, velutea or velamda), one of the
been incurred by casus. On the other hand, he four great national festivals of the Greeks. It was
had his action for all expenses properly incurred, held at Nemea, a place near Cleonae in Argolis.
and in some cases, even if the result was unfortu- The various legends respecting its origin are renate to the absent person; as if he paid for medi- lated in the argumenta of the Scholiasts to the
cal attendance on a sick slave, and the slave died Nemea of Pindar, with which may be compared
notwithstanding all his care: but various diffi- Pausanias (ii. 15. ~ 2, &c.), and Apollodorus (iii.
culties might easily be suggested as to such cases 6. ~ 4). All these legends, however, agree in
as these (Dig. 3. tit. 5. s. 10), and the rule must stating that the Nemea were originally instituted
be qualified by the condition of the thing under- by the Seven against Thebes in commemoration
taken being a thing necessary (to the owner) to of the death of Opheltes, afterwards called Archebe undertaken, though the result might be unpro- morus. When the Seven arrived at Nemea, and
fitable. It was also necessary that the gestor were very thirsty, they met Hypsipile, who was
should have undertaken the business not with the carrying Opheltes, the child of the priest of Zeus