Humanitext Reader

Justinian I · The Digest of Justinian §3.2.3.pr

Exemption from Infamy for Contracting but Not Appearing on Stage

Passage 461 of 9271 · Latin

Summary

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. ] §3.2.3.prQui autem operas suas locauit, ut prodiret artis ludicrae causa neque prodit, non notatur: quia non est ea res adeo turpis, ut etiam consilium puniri debeat.
[GAIUS, in his First Book on the Provincial Edict.] 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.

Notes

  1. §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.
  2. §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.

Cite this passage

Justinian I, The Digest of Justinian §3.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.3.pr

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