[ULPIANUS libro sexto ad edictum. ] §3.2.4.prAthletas autem Sabinus et Cassius responderunt omnino artem ludicram non facere: uirtutis enim gratia hoc facere.
[ULPIAN, in his Sixth Book on the Edict.] However, Sabinus and Cassius answered that athletes do not practice the theatrical art at all; for they do this for the sake of excellence.
et generaliter ita omnes opinantur et utile uidetur, ut neque thymelici neque xystici neque agitatores nec qui aquam equis spargunt ceteraque eorum ministeria, qui certaminibus sacris deseruiunt, ignominiosi habeantur.
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.
§3.2.4.1Designatores autem, quos Graeci βραβευτὰς appellant, artem ludicram non facere Celsus probat, quia ministerium, non artem ludicram exerceant.
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.
et sane locus iste hodie a principe non pro modico beneficio datur.
And indeed, today this office is granted by the emperor as no small benefit.
§3.2.4.2Ait praetor: 'qui lenocinium fecerit'. lenocinium facit qui quaestuaria mancipia habuerit: sed et qui in liberis hunc quaestum exercet, in eadem causa est.
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.
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 obseruantia in officina), lenocinii poena tenebitur.
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.
§3.2.4.3Pomponius 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.
§3.2.4.4Calumniator ita demum notatur, si fuerit calumniae causa damnatus: neque enim sufficit calumniatum item praeuaricator.
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.
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.
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.
§3.2.4.5Item '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,