- 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-lat1:3.2.4.pr-3.2.4.5
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-01
The passage clarifies that athletes and stage-performers are excluded from those deemed infamous for practicing the "theatrical art," while detailing the conditions under which pandering, false accusation, collusive advocacy, and specific criminal convictions result in infamy.
[ULPIANUS libro sexto ad edictum.]
[ULPIAN, in his Sixth Book on the Edict.]
Athletas autem Sabinus et Cassius responderunt omnino artem ludicram non facere: uirtutis enim gratia hoc facere. et generaliter ita omnes opinantur et utile uidetur, ut neque thymelici neque xystici neque agitatores nec qui aquam equis spargunt ceteraque eorum ministeria,1 qui certaminibus sacris deseruiunt, ignominiosi habeantur.
However, Sabinus and Cassius answered that athletes do not practice the theatrical art at all; for they do this for the sake of excellence. And generally everyone is of this opinion, and it seems useful, that neither stage-performers, nor gymnastic-competitors, nor charioteers, nor those who sprinkle water on the horses, nor other attendants of those who serve the sacred contests, should be held infamous.
Designatores autem, quos Graeci βραβευτὰς appellant, artem ludicram non facere Celsus probat, quia ministerium, non artem ludicram exerceant. et sane locus iste hodie a principe non pro modico beneficio datur.
Furthermore, Celsus approves that masters of ceremonies, whom the Greeks call βραβευταί, do not practice the theatrical art, because they perform a service and not the theatrical art. And indeed, today this office is granted by the emperor as no small benefit.
Ait praetor: 'qui lenocinium fecerit'. lenocinium facit qui quaestuaria mancipia habuerit: sed et qui in liberis hunc quaestum exercet, in eadem causa est. siue autem principaliter hoc negotium gerat siue alterius negotiationis accessione utatur (ut puta si caupo fuit uel stabularius et mancipia talia habuit ministrantia et occassione ministerii quaestum facientia: siue balneator fuerit, uelut in quibusdam prouinciis fit, in balineis ad custodienda uestimenta conducta habens mancipia hoc genus obseruantia2 in officina), lenocinii poena tenebitur.
The praetor says: “He who has committed pandering.” A person commits pandering who has kept slaves for gain; but he who carries on this business with free persons is in the same position. Moreover, whether he carries on this business as his principal occupation, or uses it as an accessory to another business (as, for instance, if he was an innkeeper or a stable-keeper, and had such slaves serving and making profit on the occasion of their service; or if he was a bath-keeper, as is done in certain provinces, having slaves hired to guard the clothes in the baths and engaged in this kind of practice in the establishment), he will be liable to the penalty for pandering.
Pomponius et eum, qui in seruitute peculiaria mancipia prostituta habuit, notari post libertatem ait.
Pomponius also says that he who, during his slavery, had slaves belonging to his peculium prostituted, is noted with infamy after his manumission.
Calumniator ita demum notatur, si fuerit calumniae causa damnatus: neque enim sufficit calumniatum3 item praeuaricator. praeuaricator autem est quasi uaricator, qui diuersam partem adiuuat prodita causa sua: quod nomen Labeo a uaria certatione tractum ait, nam qui praeuaricatur, ex utraque parte constitit, quin immo ex aduersa.
A false accuser is only noted with infamy if he has been condemned on account of false accusation; for it is not sufficient merely to have been accused of false accusation. The same applies to a collusive advocate. Now, a collusive advocate (praeuaricator) is, as it were, a straddler (uaricator), who, having betrayed his own cause, helps the opposite side; Labeo says that this name is derived from “varied contest” (uaria certatio), for he who prevaricates stands on both sides, or rather, on the adverse side.
Item 'si qui furti, ui bonorum raptorum, iniuriarum, de dolo malo suo nomine damnatus pactusue erit' simili modo infames sunt,
Likewise, “if anyone has been condemned or has settled in his own name for theft, robbery with violence, injuries, or malicious fraud,” they are in like manner infamous,
- 3.2.4.prceteraque eorum ministeria
Although "ministeria" is a neuter plural noun originally meaning "services," it is used here by metonymy to refer to the "servants" or "assistants" who perform those services. The genitive "eorum" refers to the implicit antecedent of the relative clause "qui certaminibus sacris deseruiunt," meaning "their other attendants who serve the sacred contests."
- 3.2.4.2mancipia hoc genre obseruantia
"obseruantia" is the neuter plural present participle of "obseruare" (to attend to, perform), modifying "mancipia." "hoc genre" (a variant of "hoc genus") is an accusative of description used adverbially or adjectivally to mean "of this kind," qualifying "obseruantia." Together, it refers to "slaves engaged in this kind of [prostituting] activity in the establishment."
- 3.2.4.4neque enim sufficit calumniatum
The passive infinitive "esse" is omitted after "calumniatum," forming an infinitive phrase "calumniatum [esse]" which functions as the subject of "sufficit" (it is sufficient). It is interpreted as "for it is not sufficient merely to have been accused of false accusation."