[PAULUS libro primo ad legem Iuliam et Papiam. ] §23.2.44.prLege Iulia ita cauetur: 'Qui senator est quiue filius neposue ex filio proneposue ex filio nato cuius eorum est erit, ne quis eorum sponsam uxoremue sciens dolo malo habeto libertinam aut eam, quae ipsa cuiusue pater materue artem ludicram facit fecerit.
[PAULUS, in his first book on the Lex Iulia et Papia.] The Lex Iulia provides as follows: 'Whoever is a senator, or whoever is or shall be the son, grandson by a son, or great-grandson by a son of any of them, let none of them knowingly and with malice aforethought have as a betrothed or wife a freedwoman, or a woman who herself, or whose father or mother, practices or has practiced the theatrical profession.
neue senatoris filia neptisue ex filio proneptisue ex nepote filio nato nata libertino eiue, qui ipse cuiusue pater materue artem ludicram facit fecerit, sponsa nuptaue sciens dolo malo esto neue quis eorum dolo malo sciens sponsam uxoremue eam habeto'.
Nor let a senator’s daughter, granddaughter by a son, or great-granddaughter born of a grandson born of a son, knowingly and with malice aforethought be the betrothed or wife of a freedman, or of one who himself, or whose father or mother, practices or has practiced the theatrical profession, nor let any of them knowingly and with malice aforethought have her as a betrothed or wife'.
§23.2.44.1Hoc capite prohibetur senator libertinam ducere eamue, cuius pater materue artem ludicram fecerit: item libertinus senatoris filiam ducere.
By this chapter, a senator is prohibited from marrying a freedwoman or a woman whose father or mother has practiced the theatrical profession; likewise, a freedman is prohibited from marrying a senator's daughter.
§23.2.44.2Non obest auum et auiam artem ludicram fecisse.
It is no obstacle that a grandfather or a grandmother practiced the theatrical profession.
§23.2.44.3Nec distinguitur, pater in potestate habeat filiam nec ne: tamen iustum patrem intellegendum Octauenus ait, matrem etiam si uolgo conceperit.
Nor is any distinction made whether the father has the daughter under his paternal power or not; however, Octavenus says that a lawful father is to be understood, but as to the mother, even if she conceived out of wedlock.
§23.2.44.4Item nihil refert, naturalis sit pater an adoptiuus.
Likewise, it makes no difference whether the father is natural or adoptive.
§23.2.44.5An et is noceat, qui antequam adoptaret artem ludicram fecerit? atque si naturalis pater antequam filia nasceretur fecerit? et si huius notae homo adoptauerit, deinde emancipauerit, 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.
Would he also be an obstacle who practiced the theatrical profession before he adopted? And what if a natural father practiced it before his daughter was born? And if a man with this stigma adopted and then emancipated her, can she not be married? And what if such a natural father had died? But concerning this case, Pomponius rightly thinks that the intention of the law is to the contrary, so that they are not numbered among them.
§23.2.44.6Si postea ingenuae uxoris pater materue artem ludicram facere coeperit, iniquissimum est dimittere eam debere, cum nuptiae honeste contractae sint et fortasse iam liberi procreati sint.
If afterwards the father or mother of a freeborn wife begins to practice the theatrical profession, it is most unjust that she should have to be divorced, since the marriage was honorably contracted and perhaps children have already been procreated.
§23.2.44.7Plane si ipsa artem ludicram facere coeperit, utique dimittenda erit.
Clearly, if she herself begins to practice the theatrical profession, she must by all means be divorced.
§23.2.44.8Eas, quas ingenui ceteri prohibentur ducere uxores, senatores non ducent.
Those wives whom other freeborn men are prohibited from marrying, senators shall not marry.