Justinian I · The Digest of Justinian §11.5.2.pr-11.5.2.1

Coerced Gaming and the Prohibition of Betting by Decree

Passage 1794 of 9271 · Latin

Summary

Paulus notes that some people compel others to play either from the start or after losing, and explains that a senatus consultum prohibited playing for money except in athletic contests promoting valor.

[PAULUS libro nono decimo ad edictum. ] §11.5.2.prSolent enim quidam et cogere ad lusum uel ab initio uel uicti dum retinent.

[PAULUS, from the nineteenth book on the Edict.] For certain persons are accustomed even to compel others to play, either from the beginning or, when they have been defeated, while they detain them.

§11.5.2.1Senatus consultum uetuit in pecuniam ludere, praeterquam si quis certet hasta uel pilo iaciendo uel currendo saliendo luctando pugnando quod uirtutis causa fiat:

A decree of the Senate forbade playing for money, except if anyone competes in throwing the spear or the javelin, or in running, jumping, wrestling, or boxing, which is done for the sake of valor.

Notes

11.5.2.pruicti dum retinent — uicti is a perfect passive participle in the nominative plural agreeing with the subject quidam, expressing time ("when they have been defeated"). The object of the transitive verb retinent is contextually the winners (other players) whom the losers try to detain to continue playing.
11.5.2.1hasta uel pilo iaciendo — This is a gerundive construction in the ablative (expressing means or area of competition), where the gerundive iaciendo agrees in gender, number, and case with the ablative nouns hasta (feminine singular) and pilo (masculine singular).
11.5.2.1quod uirtutis causa fiat — A relative clause introduced by the neuter singular relative pronoun quod (referring to the contest or the activities). The subjunctive fiat is used because it is a subordinate clause in indirect discourse (reporting the content of the senatus consultum) or because it expresses characteristic ("such as is done for the sake of valor").

Cite this passage

Justinian I, The Digest of Justinian §11.5.2.pr-11.5.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.5.2.pr-11.5.2.1

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