Ad edictum praetoris libri
Ex libro LV
Paulus, On the Edict, Book LV. This Decree of the Senate is necessary, when the name of him against whom the act was committed is not mentioned. Then, for the reason that proof is difficult, the Senate wished that the crime should be punished by a public prosecution. If, however, the name of the person is mentioned, he can bring suit for injury under the Common Law, for he should not be prevented from bringing a private action because it prejudices a public prosecution, as private interests are concerned. It is evident that if a public prosecution is instituted, a private action must be denied, and vice versa.
Paulus, On the Edict, Book LV. The size of the wound constitutes the atrocity, and sometimes the place where it is inflicted, for example, when the eye is struck.
Paulus, On the Edict, Book LV. The modesty of a person is said to be attacked when an attempt is made to render a virtuous person depraved.
Paulus, On the Edict, Book LV. It is neither proper nor just for anyone to be condemned for speaking ill of a person who is guilty; for it is both necessary and expedient for the offences of guilty persons to be known. 1When one slave inflicts an injury upon another, an action should be brought just as if he had injured his master. 2If a daughter under paternal control, who is married, should sustain an injury, both her husband and her father can bring the action for injury. Pomponius very properly holds that judgment against the defendant should be rendered in favor of the father for an amount equal to what it would have been if she were a widow; and in favor of the husband, for the same amount, just as if she was independent; because the injury sustained by each party has its own distinct valuation. Therefore, if the married woman is under no one’s control, she cannot bring the action, because her husband can bring it in her name. 3If an injury should be inflicted upon me by someone to whom I am unknown, or if anyone thinks that I am Lucius Titius, when I am Gaius Seius, the principal matter here will have the preference, that is, the fact that he desired to injure me. For I am a certain individual, although he may think that I am some other person than myself, and therefore I will be entitled to an action for injury. 4But when anyone thinks that a son under paternal control is the head of a household, he cannot be considered to have committed an injury against the father of the latter any more than against the husband, if he believes his wife to be a widow, because the injury is not personally aimed at the parties concerned, and cannot be transferred from their children to them by a mere effort of the mind; since the intention of him who inflicts the injury does not extend beyond the aggrieved person, who is regarded as the head of the household. 5If, however, he was aware that he was a son under paternal control, but still did not know whose son he was, I would hold (so he says) that the father could bring an action for injury in his own name, just as a husband could do, if he knew that the woman was married; for he who is aware of these things intends to inflict an injury through the son, or the wife, upon any father or husband whomsoever.
Paulus, On the Edict, Book LV. The crime punished by the Julian Law is committed where someone is said to have assembled a crowd or a mob, to prevent a person from being produced in court. 1If anyone should put the slave of another to torture, Labeo says that the Edict of the Prætor relating to injuries can be resorted to, and thus greater moderation be displayed.