- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.1.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-01
Based on the Praetor's edict, the conditions for individuals to be noted with infamy (infamia) are listed, including those dishonorably discharged from the army, performing on stage, pandering, convicted of calumny or specific breach-of-trust actions, or involved in the premature marriage of a widow.
[IULIANUS libro primo ad edictum.]
[JULIANUS, in his First Book on the Edict.]
Praetoris uerba dicunt: 'Infamia notatur qui ab exercitu ignominiae causa ab imperatore eoue, cui de ea re statuendi potestas fuerit, dimissus erit: qui artis ludicrae pronuntiandiue causa in scaenam prodierit: qui lenocinium fecerit: qui in iudicio publico calumniae praeuaricationisue causa quid fecisse iudicatus erit: qui furti, ui bonorum raptorum, iniuriarum, de dolo malo et fraude suo nomine damnatus pactusue erit: qui pro socio, tutelae, mandati, depositi1 suo nomine non contrario iudicio2 damnatus erit: qui eam, quae in potestate eius esset, genero mortuo, cum eum mortuum esse sciret, intra id tempus, quo elugere uirum moris est, antequam uirum elugeret, in matrimonium collocauerit: eamue sciens quis uxorem duxerit3 non iussu eius, in cuius potestate est: et qui eum, quem in potestate haberet, eam, de qua supra comprehensum est, uxorem ducere passus fuerit: quiue suo nomine non iussu eius in cuius potestate esset, eiusue nomine quem quamue in potestate haberet bina sponsalia binasue nuptias in eodem tempore constitutas habuerit.’
The words of the Praetor state: ‘He is noted with infamy who is dismissed from the army for the sake of ignominy by the Emperor or by him who has the power of deciding on that matter; who appears on the stage for the sake of play-acting or declamation; who practices pandering; who is judged in a public trial to have done something for the sake of calumny or prevarication; who is condemned or has compromised in his own name for theft, robbery with violence, injuries, or malicious intent and fraud; who is condemned in his own name, not in a contrary action, in an action on partnership, guardianship, mandate, or deposit; who, on the death of his son-in-law, knowing him to be dead, bestows in marriage a female who is in his power, within that time in which it is customary to mourn a husband, before she has finished mourning her husband; or who, knowing this, marries her without the command of him in whose power he is; and who permits a male whom he has in his power to marry her of whom mention has been made above; or who, in his own name, not by the command of him in whose power he is, or in the name of a male or female whom he has in his power, has at the same time two betrothals or two marriages contracted.’
- 3.2.1.prpro socio, tutelae, mandati, depositi
The prepositional phrase 'pro socio' (for a partner) functions on its own as a specific name of an action (actio pro socio) and is coordinate with the subsequent genitives 'tutelae' (of guardianship), 'mandati' (of mandate), and 'depositi' (of deposit), all modifying the noun 'iudicio'. These actions arise from relationships based on good faith (bona fides), and condemnation in them results in infamy.
- 3.2.1.prnon contrario iudicio
An ablative noun phrase. A 'contrarium iudicium' (contrary action or cross-action) is an action brought by the defendant (such as a tutor or mandatary) against the plaintiff to recover expenses, etc., in contrast to the direct action ('directum iudicium'). Condemnation in a cross-action does not carry infamy as it does not imply a fundamental breach of good faith; hence the qualification 'not in a contrary action'.
- 3.2.1.preamue sciens quis uxorem duxerit
The pronoun 'quis' (anyone/someone) functions here as an indefinite subject equivalent to 'qui', establishing a conditional clause meaning 'or if anyone, knowing [this], marries her'. 'eam' (her) is a demonstrative pronoun referring back to the widow in mourning and is the direct object of 'uxorem duxerit'. The present participle 'sciens' (knowing) agrees with 'quis', indicating the subjective element of knowledge regarding her mourning status.