Condemnation to the school of gladiators (damnatio in ludum) was one of the most intriguing
penalties in Roman Criminal Law. Condemned were sent to ludus to train gladiatorial skills
and fight during the games. Of course, its existence was closely connected with ludus, and thus
it appeared in public law in I century b.C., after the gladiatorial schools were widely built (at
least from 105 b.C. – Val. Max. 2, 3, 2; Cic. Tusc. 2, 41; Plin. Nat. 33, 16). From I century A.D.
on, it was definitely quite common penalty (Plin. Epist. 31; lex Petronia de servis).
The most important thing however is, that it was not a death penalty – it deprived condemned
of liberty, they became slaves, and also they had to stay in ludus, as in the prison (D. 48, 19, 8,
11; P. S. 5, 17, 2), but they did not have to die during the games. Even more, after three years
of service they could be liberated from the penalty, and after another two years – regain their
freedom (Coll. 11, 7, 4).
As it was a general rule in Roman Criminal Law, slaves and humiliores could be condemned
in such a way (D. 48, 19, 8, 12; P. S. 5, 23, 4). Damnatio in ludum was very similar to damnatio
ad metallum, so one can draw some conclusion on such comparison. Some authors suggest, that
criminals were condemned to ludus in cases of sacrilege, arson, homicide, robbery and desertion
(thesis based probably on Quint. Decl. Mai. 9, 21 and Flor. 2, 8, 8), but closer analysis of Roman
legal regulations shows, that it was a penalty of lesser crimes or mitigation of punishments
(D. 48, 13, 7; P. S. 5, 20, 2 and 5; P. S. 5, 23, 4; D. 49, 16, 3, 1; D. 48, 19, 28, 15). Though from one point of view it was a severe penalty, resulting in death sometimes, in
general it may be compared with damnatio ad metallum and other non-lethal penalties. The
discipline in ludus might have been cruel and hard, but there was also a chance to survive the
time of punishment (according to some even in case of loss during games - missio) and regain
freedom, not to mention quite good physical care like attention of doctors or massages.
Its close connection with gladiatorial games was also the reason of its disappearance from
Roman Criminal Law, as late as the end of IV century A.D. (C. Th. 15, 12, 1; C. Th. 9, 40, 8;
C. Th. 15, 12, 3).
