In a letter to Trajan, Pliny,Footnote 1 who served as legatus pro praetore of Pontus and Bithynia in c.110–13, is concerned with the rights of victorious athletes (Ep. 10.118).Footnote 2 These athletae, who were organized in a synodos, demanded the right of getting paid by their πατρίς directly after they had won a contest, rather than having to wait until they had returned to their home cities.Footnote 3 In Mynors's edition, the beginning of this letter reads as follows:
(1) Athletae, domine, ea quae pro iselasticis certaminibus constituisti, deberi sibi putant statim ex eo die quo sunt coronati; nihil enim referre quando sint patriam inuecti, sed quando certamine uicerint, ex quo inuehi possint. ego contra scribo ‘iselastici nomine’. itaque †eorum uehementer addubitem an sit potius id tempus, quo εἰσήλασαν, intuendum. (2) iidem obsonia petunt pro eo agone, qui a te iselasticus factus est, quamuis uicerint ante quam fieret.
The athletes, my Lord, believe that the prizes for what you established regarding the iselastic contests shall be awarded to them from this very day on which they are crowned. It is by no means of importance when they have returned into their home town, but when they have won the contest, from which they may return. I instead file under ‘iselastic name’. That is why I am in serious doubt, if it is not rather the point of time at which they entered. (2) Also, they are demanding prize-money for a contest they have won, before it was declared iselastic by you.
As usual, Trajan's response (Ep. 10.119) repeats, with slight variations, the case,Footnote 4 and is thus of high importance for both the textual structure and our understanding of the situation. What concerns us here is the question of how and when Trajan introduced iselastic contests (ea quae pro iselasticis certaminibus constituisti) and what privileges athletes obtained by winning such a contest.Footnote 5
Before we address this problem, it is important to note that the solemn entry of a victorious athlete into his home city (εἰσελαύνειν) is already attested in Hellenistic times. A decree from Teos, dated to the last years of the third century b.c., shows that an athlete who had won an ἀγὼν στεφανίτης—one of the most prestigious contests in the Greek periodos Footnote 6—was allowed to solemnly enter his home city.Footnote 7 In these times, the ceremonial entry, however, was an honour conferred on the victor by his patria, but iselasticus did not yet denote any category of contests. It is striking, however, that we do not have any evidence for iselastic contests that predate Trajan.Footnote 8 If we follow this track, it might lead us to a Trajanic law now lost.
To ascertain what role Trajan played in establishing iselastic contests, we have to get philological for a moment, as, in contrast to Books 1–9, the text of Book 10 is based not on manuscripts but on two early sixteenth-century editions by Hieronymus Avantius (Verona, 1502) and Aldus Manutius (Venice, 1508), respectively. Both editions, however, directly refer to a manuscript from the sixth century.Footnote 9 The textual evidence of these early printed editions is thus of high value for the constitution of the text, and the variants transmitted there should not be easily dismissed. Despite later attempts to rescue the text of this passage or to interpret its meaning on a weak textual base, Peter Weiß, in 1982, has offered the best solution for an adequate understanding of this passage, and we must not go beyond his achievements.Footnote 10 In Ep. 10.118.1 he identified a gloss which has to be eliminated; according to him, the letter reads: ego contra uehementer addubitem an sit potius id tempus, quo εἰσήλασαν, intuendum. The Greek term was explained by the commentary scribo: iselastici nomen eorum, and this phrase later became part of the main text.Footnote 11 This solution is convincing, as it both construes a correct Latin phrase and suits the circumstance that a rare Greek word such as εἰσήλασαν needed further explanation in Late Antiquity. Therefore, the gloss may have been introduced into the text already at a very early stage, most probably before the fifth century, when the—now lost—Parisinus manuscript, which eventually became the base for the early prints of Avantius and Manutius, was written.
Now we can discuss the agonistic background of this passage. At the beginning of Ep. 118.1 Pliny writes that Trajan had settled some issues ‘regarding the iselastic contests’ (pro iselasticis certaminibus constituisti) before. How and when did Trajan's reform take place? From Pliny's letter, written at the end of his governorship in the province, we only get a terminus ante quem of c.113. As there is only scarce evidence for agonistic festivals in Bithynia and Pontus in the first and second centuries, we cannot say to which contests Pliny and Trajan refer; although Clemens Bosch and Sencer Şahin have studied the festivals of Nikaia, and Louis Robert has analysed the rivalries of Nicaea and Nicomedia in the third century, we still lack a critical and thorough survey of agonistic activities in Pontus and Bithynia.Footnote 12
In the governor's bureaucratic language, constituere is used here as a technical term for an imperial order, as it becomes clear from a constitution of Marcus Aurelius for the Milesians in which the emperor states (in eo constitui iure) how victorious athletes are to return correctly into their patria (certam]ịna ex quibus uictores reduces patriam suam).Footnote 13 In his response to Pliny's letter, Trajan rules that these respective honours should be bestowed upon the contestant only after re-entering his home city (cum qui in ciuitatem suam ipse εἰσήλασεν), in contrast to the prizes given by the agōnothetēs at the festival site. In the following, he further explains this regulation (in Mynors's edition): nec proficere pro desiderio athletarum potest, quod eorum, quae postea iselastica non esse constitui, quam uicerunt, accipere desierunt. By using constitui, Trajan here makes use of the juridical language of the administration and, in doing so, recalls Pliny's own words. But what measures did Trajan take to arrange these matters? Here, again, we first have to face textual problems, and a discussion of these may offer a historical explanation.
In his 1502 edition, Avantius printed Trajan's response (Ep. 119) as follows: nec proficere pro desiderio Athletarum potest: quod eorum quae postea Iselastica non lege constitui: quam, qui ierant, accipere desierunt. Aldus Manutius gives merely the same text (1508, page 337): nec proficere pro desyderio athletarum potest, quod eorum, quae postea iselastica non lege constitui, quam, qui ierant, accipere desierunt. The reading of non lege, though attested by both witnesses whose texts go back to the oldest single manuscript, was contested by Arnold Schäfer in 1844 who, without any detailed discussion, replaced non lege by non esse and changed the strange relative clause quam, qui ierant, to quam uicerant.Footnote 14 Corresponding to Pliny's letter (Ep. 118.2–3), the latter emendation can be accepted without hesitation,Footnote 15 but the first one deserves further discussion. The conjecture non esse constitui instead of non lege constitui was put forward by Schäfer, because the verb esse seemed necessary to him and, more importantly, ‘a law seems not suitable at this place’.Footnote 16 He thought lege to be an interpolation. Though his observation concerning esse is undoubtedly correct, esse might be omitted in such a case. Schäfer's conjectures were accepted by many of the later editors, for example Hardy, Mynors, Sherwin-White and Williams. Sherwin-White even called the ‘notion … of an “iselastic law” … [an] absurd intrusion’.Footnote 17 But referring to a law is far from being ‘absurd’, as, on the one hand, it is supported by the oldest textual testimonies and, on the other hand, as I will argue, we know of several imperial regulations concerning agonistic problems so that a lex iselastica seems plausible.Footnote 18 Such a decree, consequently, would offer a valuable explanation of the agonistic setting of letters 118 and 119.
Before discussing the historical background, we might recall, at this point of the discussion, Wilamowitz's ‘first commandment of philology’, which says that ‘one must not proceed from the vulgate but from the transmission’.Footnote 19 If we do so, non lege should not easily be dismissed as it is attested by the earliest testimonies which directly go back to a late antique manuscript now lost.Footnote 20 A simple yet correct solution was offered by Gottfried Heinrich Schäfer, who, in his 1805 edition, printed eorum, quae postea iselastica lege constitui (though the rest of his text is not satisfactory).Footnote 21 Hence, he kept lege, but deleted non. Considering his suggestions and the emendations of later editors, the passage (Ep. 119) should read:
nec proficere pro desiderio Athletarum potest, quod eorum [sc. certaminum], quae postea iselastica lege constitui, quam uicerunt, accipere desierunt.
It is insignificant concerning the desire of the athletes that they did not receive anything for the victories at such [sc. contests] which I declared later as iselastic by law.
This text offers three improvements. First, it respects the textual transmission as far as possible and, second, it fits with Trajan's statement in the previous sentence that his order is not retroactive. Here, the emperor decrees that neither the contests which have not yet been of iselastic status at the time of the victory (quae … ante iselastica non fuerunt) nor the competitions which have been upgraded to this status at a later time (quae … postea iselastica lege constitui) are relevant for the victors’ obsonia, viz. their συντάξεις.Footnote 22 Only if the games held iselastic status at the moment of the victory, would the champion be allowed to get these rewards. Third, there is much evidence for special regulations from the High Empire for victorious athletes who came back from the ecumenical festivals. In Aelian's Varia Historia, which dates to the second half of the second century, one section is devoted to the solemn entry of a victorious athlete κατὰ τὸν νόμον τῶν ἀθλητῶν.Footnote 23 The first impression might lead to the assumption that νόμος here simply means ‘custom’ or ‘habit’, but we know to what extent emperors were obliged by the synodos to regulate the festivals and the agonistic calendar in detail.Footnote 24 Of special importance are Hadrian's letters found at Alexandria Troas in 2003 that show how the guild of professional artists had appealed to Hadrian in 134 to change the agonistic calendar in favour of the synodos.Footnote 25 In his responses, the emperor laid down detailed regulations, and these letters lead to the impression that Hadrian is not setting a precedent here, but, in contrast, follows an already established routine.
Commenting on Hadrian's letters from Alexandria Troas, Georg Petzl and Elmar Schwertheim pointed out that only Hadrian's regulations go back to an edict (διάταγμα), while those of other emperors known to us were published as imperial letters.Footnote 26 In a detailed analysis of iselastic agōnes, William Slater has convincingly shown that it might have been Trajan who was the first to introduce this kind of contests,Footnote 27 perhaps replacing the former ‘hieroi’ agōnes.Footnote 28 The most plausible solution is that Trajan, in a lex iselastica, settled for the first time iselastic contests as he defined the privileges for victorious athletes and the duties of their home cities, but, as it becomes clear from the athletes’ relatio to Pliny, left undecided, from which moment on the cities had to pay obsonia, viz. συντάξεις.Footnote 29
A passage of the first letter from Alexandria Troas shows that the problem discussed by Pliny and Trajan was still unsolved under Hadrian. Trajan had declared that the iselasticum (to use his expression in Ep. 119) should not start before the athlete's entrance into his πατρίς. This was, however, an inadequate solution for wandering artists and athletes who seldomly visited their home city and thus would have had to wait too long to enjoy their rewards.Footnote 30 According to the petition to Pliny, the synodos of the athletae claimed the right to get their obsonia from the day of their victory (Ep. 118.1 ex eo die, quo sunt coronati). Taking up the athletes’ argument, Hadrian eventually decreed that, for wandering artists, it should be possible to inform their home city's council of their victories by a letter. From the day this letter was handed out to their home city, the πατρίς was obliged to pay the grants,Footnote 31 though this was met with resistance by the insolvent cities.Footnote 32
Throughout Imperial times, the rights and privileges of victorious athletes caused problems that imperial legislation had to solve. Though Hadrian's image was—and still is—that of a peace-loving musagetēs who was seriously engaged in Greek agonistic contests and fostered cultic activities throughout the Greek world, his sober and martial ‘father’ had already been involved heavily in this.Footnote 33 As we have seen, there are both philological and historical reasons to assume that Trajan not only ordered the status of agonistic festivals in Bithynia and Pontus but may have also decreed the first law concerning iselastic contests. An ancient collection of inscriptions from Pergamon, including an imperial mandatum (ἐντολή), shows that Trajan granted the Pergamenes the privilege of a new holy and pentaeteric festival which included an εἰσελαστικὸς ἀγών.Footnote 34 As the decisive letter may be dated to the period between approximately May 114 and February 116,Footnote 35 these documents support the idea of a lex iselastica and may, furthermore, indicate that this law was enacted for the whole Empire.Footnote 36
Essentially, the iselasticum allowed victorious athletes more than the solemn entry into their home town, as the name might suggest. Trajan's decree established the iselasticum as the entirety of all the prizes and privileges the winner of an iselastic contest could get, including the honorary entry, but also the bridging money between the day of his victory and his return home.Footnote 37
As Trajan's regulations were not precise enough, his decree caused troubles between the athletes and their home cities which letters 118 and 119 reflect. Later, in a fragmentary letter found near Perinthos, Antoninus Pius or his governor also settled some problems related to a festival (πανήγυρις, lines 10 and 14), though this document is too damaged to reveal its actual purpose.Footnote 38 The decree of Marcus Aurelius from Miletus discussed above dealt with the status of the festival and, in some way, also with the privileges of the victorious athletes and the costs for the home cities.Footnote 39 The latest surviving law de athletis dates to the time of Diocletian and Maximianus (that is, 285/6–305). It confirms that athletes who had won at least three hieroi agōnes (certamina sacra) ‘in Rome or ancient Greece’ (semel Romae seu antiquae Graeciae) were exempted from civil obligations (ciuilium munerura … uacatio).Footnote 40
These ongoing discussions about prizes and privileges for victorious athletes show, on a general level, the ever-increasing importance of festivals in the second and third centuries, in which contests played a significant role in the public life of the cities in the eastern Mediterranean.
Summing up, we have considered both the philological and the historical perspectives of Pliny's letter and Trajan's response. First, we proposed a new reading of a corrupt passage in the emperor's letter which respects the textual transmission and is in keeping with the historical background the governor and the emperor were discussing. Against this background, it is far from ‘absurd’ that the text is referring to a Trajanic lex iselastica.Footnote 41 On the contrary, this passage gives a strong indication of a Trajanic decree de statu certaminum which was in force at least in Pontus and Bithynia before c.113. By this law, the status of iselastic agōnes was, probably for the first time, settled and thus this new category of contests became a firm part of the agonistic world in the High Empire.