Ad edictum libri
Ex libro I
Dig. 3,2,1Iulianus libro primo ad edictum. Praetoris verba dicunt: ‘Infamia notatur qui ab exercitu ignominiae causa ab imperatore eove, cui de ea re statuendi potestas fuerit, dimissus erit: qui artis ludicrae pronuntiandive causa in scaenam prodierit: qui lenocinium fecerit: qui in iudicio publico calumniae praevaricationisve causa quid fecisse iudicatus erit: qui furti, vi bonorum raptorum, iniuriarum, de dolo malo et fraude suo nomine damnatus pactusve erit: qui pro socio, tutelae, mandati, depositi suo nomine non contrario iudicio damnatus erit: qui eam, quae in potestate eius esset, genero mortuo, cum eum mortuum esse sciret, intra id tempus, quo elugere virum moris est, antequam virum elugeret, in matrimonium collocaverit: eamve sciens quis uxorem duxerit non iussu eius, in cuius potestate est: et qui eum, quem in potestate haberet, eam, de qua supra comprehensum est, uxorem ducere passus fuerit: quive suo nomine non iussu eius in cuius potestate esset, eiusve nomine quem quamve in potestate haberet bina sponsalia binasve nuptias in eodem tempore constitutas habuerit.’
Julianus, On the Edict, Book I. The words of the Prætor are as follows: “He who is discharged from the army for disgraceful conduct, either by the Emperor, or by one to whom authority has been granted to act in the matter, is branded with infamy. This also applies to one who appears upon the stage for the purpose of acting, or declaiming; to one who follows the occupation of a procurer; to one who has been convicted in court of false accusation or betrayal of his client’s interest; to one who has been convicted of theft, robbery, injury, bad faith, or fraud, in his own name, or has compromised any of these offences; to one who has been condemned in his own name in an action based on partnership, guardianship, mandate, or deposit, in a direct action; to one who gave his daughter, who was under his control in marriage after the death of his son-in-law, he knowing him to be dead before the time had elapsed which is customary for a widow to mourn for her husband; to one who married her, being also aware of this, without the order of the person under whose control he was; to him who permitted him to marry her while he was under his control, being aware of the above mentioned facts; and also to one who, on his own responsibility, and not by the order, or in the name of the party under whose control he was, permits any male or female whom he has under his control, to contract two betrothals, or two marriages at the same time”.