로마매매법상 노예매춘금지조항

Abstract

The ancient Rome was a slave-owning society. The masters might stipulate a

contractual terms for the sale of a slave, according to which the slave should be

exported (ut exportetur), or manumitted (ut manumittatur), or not manumitted (ne

manumittatur), or not prostituted (ne prostituatur). This article deals only with

the last clause ne serva prostituatur in its usual typical forms. It shows that

the Roman slaves were forcibly engaged in the prostitution organized and

managed by a pimp (leno or lena).

The clause was used alone, or with other covenants sanctioning the effect of

its contravention. Typical additional clauses were those prescribing liberty to the

prostituted slave-girl, or securing a manus iniectio or ius abducendi for the

vendor, or a conventional penalty (poena) either by a stipulatio (Pap. D.18.7.6.pr)

or a nude pact (pactum) (Cf. Pap. D.18.7.7).

The first Roman jurist referring to these clauses is Massurius Sabinus who

was active under Tiberius(14-37 C.E.) and the successive emperors (Pap.

D.18.7.6.pr), but it is reasonable to assume that they had been used in the legal

transactions much earlier.

According to the legal sources, the combination of a prohibitive clause and a

conventional penalty was usual in its frequency and probably the oldest in its

age (Pap.-Sab. D.18.7.6.pr). The ius abducendi, the right of the vendor to take

the prostituted slave-girl back, was developing simultaneously or a little later

(Alex.- Hadr. C.4.56.1 [a.223]). We may suppose that it was already in a full

shape when Hadrianus(117-138 C.E.) endorsed and authorized it with a full legal...