Ad legem Iuliam et Papiam libri
Ex libro I
Dig. 23,2,44Paulus libro primo ad legem Iuliam et Papiam. Lege Iulia ita cavetur: ‘Qui senator est quive filius neposve ex filio proneposve ex filio nato cuius eorum est erit, ne quis eorum sponsam uxoremve sciens dolo malo habeto libertinam aut eam, quae ipsa cuiusve pater materve artem ludicram facit fecerit. neve senatoris filia neptisve ex filio proneptisve ex nepote filio nato nata libertino eive qui ipse cuiusve pater materve artem ludicram facit fecerit, sponsa nuptave sciens dolo malo esto neve quis eorum dolo malo sciens sponsam uxoremve eam habeto’. 1Hoc capite prohibetur senator libertinam ducere eamve, cuius pater materve artem ludicram fecerit: item libertinus senatoris filiam ducere. 2Non obest avum et aviam artem ludicram fecisse. 3Nec distinguitur, pater in potestate habeat filiam nec ne: tamen iustam patrem intellegendum Octavenus ait, matrem etiam si volgo conceperit. 4Item nihil refert, naturalis sit pater an adoptivus. 5An et is noceat, qui antequam adoptaret artem ludicram fecerit? atque si naturalis pater antequam filia nasceretur fecerit? et si huius notae homo adoptaverit, deinde emancipaverit, an non possit duci? ac si talis pater naturalis decessisset? sed de hoc casu contrariam legis sententiam esse Pomponius recte putat, ut eis non connumerentur. 6Si postea ingenuae uxoris pater materve artem ludicram facere coeperit, iniquissimum est dimittere eam debere, cum nuptiae honeste contractae sint et fortasse iam liberi procreati sint. 7Plane si ipsa artem ludicram facere coeperit, utique dimittenda erit. 8Eas, quas ingenui ceteri prohibentur ducere uxores, senatores non ducent.
Paulus, On the Lex Julia et Papia, Book I. It is provided by the Lex Julia that: “A Senator, or his son, or his grandson, or his great-grandson by his son, or grandson, shall not knowingly or with malicious intent become betrothed to, or marry a freedwoman, or a woman whose father or mother practices, or has practiced the profession of an actor. Nor shall the daughter of a Senator, or a granddaughter by his son, or a great-granddaughter by his grandson marry a freedman, or a man whose father or mother practices, or has practiced the profession of an actor, whether they do so knowingly, or with malicious intent. Nor can any one of these parties knowingly, or with malicious intent become betrothed to, or marry the daughter of a Senator.” 1Under this head a Senator is forbidden to marry a freedwoman whose father or mother has, at any time, exercised the profession of an actor. A freedman is also forbidden to marry the daughter of a Senator. 2If the grandfather or grandmother of the woman belonged to the theatrical profession, this will not be an obstacle to the marriage. 3No distinction is made whether the father has the daughter under his control or not. But Octavenus says that it must be understood that the father is legitimate, as well as the mother, even if the child is illegitimate. 4Again, it makes no difference whether the father is a natural or an adoptive one. 5Would it be an obstacle if the father had belonged to the theatrical profession before he made the adoption, or if the natural father had been connected with this profession before his daughter was born? Where a man of this degraded rank adopts a child, and afterwards emancipates her, can he not marry her, just as would be the case where a natural father dies? Pomponius very properly thinks that, in this instance, the opinion is contrary to the meaning of the law, and that children of this kind cannot be classed with the others. 6If the father or mother of a freeborn woman, after the marriage of the latter, should begin to exercise the profession of the stage, it would be most unjust for the daughter to be repudiated by her husband, as the marriage was honorably contracted, and children may already have been born. 7It is evident that if the woman herself becomes a member of the theatrical profession, she should be repudiated by her husband. 8Senators cannot marry women whom other freeborn men are forbidden to take as wives.
Dig. 50,16,129Paulus libro primo ad legem Iuliam et Papiam. Qui mortui nascuntur, neque nati neque procreati videntur, quia numquam liberi appellari potuerunt.
Paulus, On the Lex Julia et Papia, Book I. Still-born infants are not considered either to have been born or begotten, because they have never been able to be called children.