- 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-lat1:3.2.3.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-01
Gaius explains that a person who contracted to appear on stage for theatrical performance but did not actually do so is not noted with infamy, as a mere intention is not so disgraceful as to be punished.
[GAIUS libro primo ad edictum prouinciale.]
[GAIUS, in his First Book on the Provincial Edict.]
Qui autem operas suas locauit, ut prodiret artis ludicrae causa neque prodit,1 non notatur: quia non est ea res adeo turpis, ut etiam consilium puniri debeat.2
However, he who has let out his services to appear on the stage for the sake of the theatrical art, but does not actually appear, is not noted with infamy; because that matter is not so disgraceful that even the mere intention ought to be punished.
- 3.2.3.prQui ... locauit ... neque prodit
The relative pronoun Qui (implying its antecedent) forms a noun clause that serves as the subject of the main verb non notatur. Within the relative clause, the contrast between the perfect tense locauit and the present tense prodit distinguishes the past act of contracting services from the present fact of not appearing on stage.
- 3.2.3.prut etiam consilium puniri debeat
A consecutive clause (introduced by ut with the subjunctive) corresponding to the adverb adeo (so, to such an extent). The verb debeat (subjunct. pres.) is accompanied by the passive infinitive puniri. Here consilium means 'design' or 'mere intention,' reflecting the legal principle that intention alone, without actual execution (appearing on stage), does not warrant the sanction of infamy.