610 Wisconsin Academy of Sciences , Arts , and Letters. 
filius negabunt. that V/pz'an dothe approve the distinction of 
Pegasus and Nerua , it is evident; for if he had disliked it, or not 
allowed it, thoughe he alleged theire authoritye, yet he woulde in 
expresse wordes have refused it, as in many places of the Ciuill 
Texte, the like appeerethe. that Pegasus and Nerua doe so dis- 
tinguisshe, it is as manifest; because otherwise Vlpian showlde 
repeate the Praetors Edict in vayne, and not <Jp. 45 > interprete it 
which he professethe to doe. besyde that Glossa communis, Baldus 
Petrus de Castro , and all that I have seene vpon this lawe, doe so 
vnderstand this latter parte therof. lastely, in this very Title De 
his qui notantur infamia, and in the same places therof, Incertamen 
descendere, and In scenam prodire, doe as thay saye in owre lawe 
ambulare acquis passibus; but it is most evident, that, qui descendit 
in certamen depugnaturus cum bestijs dentatis , ac feris, virtutis 
ostendendae, non mercedis causa, non est notatus; er go qui prodit 
in scenam pronuntiandi gratia, sine praemio, aut quaestu, non est 
notatus * 1 . and the reason of the favorable parte of the distinction 
may well, me thinkes, be gathered owte of the lawe which is C. 
de spectaculis l. i. in fine. li. xi. Neyther dothe Dionysius Gotho- 
fredus , whom you alleage, denye this distinction, but rather prove 
that Pegasus and Nerua filius doe so distinguisshe, in exceptinge 
agaynst the latter member, in his note, Immo et qui sine quaestu. 
whoe, to admytt your perhapps, that he is a man more learned 
then Pegasus and Nerua filius, the authors of this distinction, to 
gether with Vlpian, in not disallowinge it, approvinge the same 
(which notwithstandinge for some reasons I can not yet thinke to 
be soe) yet surely he is not of so greate authorytye, as the Texte 
it selfe, whatsoever any man may esteeme his learninge to be. 
and yet in some sense, his shorte, but quick note, Immo et qui 
sine quaestu, hurtethe not vs at all. for if he meanethe therby to 
taxe Laberius, Lentulus, Nero, and suche like, that did exercere 
histrioniam, thoughe gratuitam; his exception is most trwe, and it 
makethe not agaynst vs, or owre Texte. for this lawe releevethe 
them, that came in Scenam, to doe theire common wealthe honor, 
theire citizens honest pleasure and delyte, and theire Godds 
devowte servyce, with owte rewarde; not them that did so only 
to satisfye theire dissolute and lewde humors, as Lentulus, Nero 
and others did, whose examples can not be applyed agaynst them, 
or us; as shall be heerafter shewed, but Gothofrede indeedefowndethe 
his sharpe note, upon a sayinge of S. Austin , Ommes enim scenici 
probrosi; and of Livye, et tribu moueri soliti; bothe which, it is 
playne, are to be vnderstood agaynst Histriones; and so theire 
authorytyes serve not to interprete owre Texte, wherof thay 
1 Gager’s side-note: ff. De postul. 1. 1. § Bestias. & fi De his qui nota. infa. 
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