[ULPIANUS libro septuagensimo septimo ad edictum. ] §47.10.15.prItem apud Labeonem quaeritur, si quis mentem alicuius medicamento alioue quo alienauerit, an iniuriarum actio locum haberet.
[ULPIANUS, On the Edict, book seventy-seven.] Likewise, it is asked in Labeo whether, if someone has alienated another's mind with a drug or some other thing, an action for injury would lie.
et ait iniuriarum aduersus eum agi posse.
And he says that an action for injury can be brought against him.
§47.10.15.1Si quis pulsatus quidem non est, uerum manus aduersus eum leuatae et saepe territus quasi uapulaturus, non tamen percussit: utili iniuriarum actione tenetur.
If someone is indeed not struck, but hands are raised against him and he is frequently terrified as if about to be beaten, but is not actually struck: he is held by an analogous action for injury.
§47.10.15.2Ait praetor: 'qui aduersus bonos mores conuicium cui fecisse cuiusue opera factum esse dicetur, quo aduersus bonos mores conuicium fieret: in eum iudicium dabo'. §47.10.15.3Conuicium iniuriam esse Labeo ait.
The praetor says: "Against him who is said to have directed abuse against good morals at someone, or by whose agency it is said to have been done so that abuse was directed against good morals: against him I will grant a trial." Labeo says that abuse is an injury.
§47.10.15.4Conuicium autem dicitur uel a concitatione uel a conuentu, hoc est a collatione uocum.
But abuse is so called either from instigation or from assembly, that is, from a gathering together of voices.
cum enim in unum complures uoces conferuntur, conuicium appellatur quasi conuocium.
For when several voices are gathered into one, it is called convicium, as if convocium.
§47.10.15.5Sed quod adicitur a praetore 'aduersus bonos mores' ostendit non omnem in unum collatam uociferationem praetorem notare, sed eam, quae bonis moribus improbatur quaeque ad infamiam uel inuidiam alicuius spectaret.
But the addition by the praetor "against good morals" shows that the praetor does not censure every shouting gathered into one, but that which is disapproved of by good morals and which aims at the infamy or hatred of someone.
§47.10.15.6Idem ait 'aduersus bonos mores' sic accipiendum non eius qui fecit, sed generaliter accipiendum aduersus bonos mores huius ciuitatis.
The same writer says that "against good morals" must be understood not as those of the person who did it, but generally as against the good morals of this state.
§47.10.15.7Conuicium non tantum praesenti, uerum absenti quoque fieri posse Labeo scribit.
Labeo writes that abuse can be directed not only against one who is present, but also against one who is absent.
proinde si quis ad domum tuam uenerit te absente, conuicium factum esse dicitur.
Therefore, if someone comes to your house in your absence, it is said that abuse has been committed.
idem et si ad stationem uel tabernam uentum sit, probari oportere.
The same must also be approved if they come to a station or a shop.
§47.10.15.8Fecisse conuicium non tantum is uidetur, qui uociferatus est, uerum is quoque, qui concitauit ad uociferationem alios uel qui summissit ut uociferentur.
Not only he who shouted seems to have committed abuse, but also he who incited others to shout or who urged them on to shout.
§47.10.15.9'Cui' non sine causa adiectum est: nam si incertae personae conuicium fiat, nulla executio est.
"At someone" is added not without reason: for if abuse is directed at an uncertain person, there is no execution of the action.
§47.10.15.10Si curauerit quis conuicium alicui fieri, non tamen factum sit, non tenebitur.
If someone has arranged for abuse to be directed at someone, but it is not actually done, he will not be held.
§47.10.15.11Ex his apparet non omne maledictum conuicium esse: sed id solum, quod cum uociferatione dictum est, siue unus siue plures dixerint, quod in coetu dictum est, §47.10.15.12conuicium est: quod autem non in coetu nec uociferatione dicitur, conuicium non proprie dicitur, sed infamandi causa dictum.
From these things it appears that not every insult is abuse, but only that which is said with shouting, whether one or several have said it, which is said in a crowd, is abuse; but what is said neither in a crowd nor with shouting is not properly called abuse, but is said for the purpose of defaming.
§47.10.15.13Si quis astrologus uel qui aliquam illicitam diuinationem pollicetur consultus aliquem furem dixisset, qui non erat, iniuriarum cum eo agi non potest, sed constitutiones eos tenent.
If an astrologer or someone who promises any illicit divination, upon being consulted, has called someone a thief who was not one, an action for injury cannot be brought against him, but imperial constitutions hold them.
§47.10.15.14Iniuriarum, quae ex conuicio nascitur, in heredes non est reddenda: sed nec heredi.
An action for injury which arises from abuse must not be granted against heirs, nor to an heir.
§47.10.15.15Si quis uirgines appellasset, si tamen ancillari ueste uestitas, minus peccare uidetur: multo minus, si meretricia ueste feminae, non matrum familiarum uestitae fuissent.
If someone has accosted young women, yet if they were dressed in maidservant's clothing, he seems to offend less; much less so if the women were dressed in prostitute's clothing, rather than that of respectable matrons.
si igitur non matronali habitu femina fuerit et quis eam appellauit uel ei comitem abduxit, iniuriarum tenetur.
If, therefore, a woman was not in matronly attire and someone has accosted her or led away her companion, he is held for injury.
§47.10.15.16Comitem accipere debemus eum, qui comitetur et sequatur et (ut ait Labeo) siue liberum siue seruum siue masculum siue feminam: et ita comitem Labeo definit 'qui frequentandi cuiusque causa ut sequeretur destinatus in publico priuatoue abductus fuerit'. inter comites utique et paedagogi erunt.
We ought to understand "companion" as one who accompanies and follows, and (as Labeo says) whether a free person or a slave, male or female; and Labeo thus defines a companion: "one who has been designated to follow for the sake of attending someone and is led away in a public or private place." Assuredly, pedagogues will also be among companions.
§47.10.15.17Abduxisse uidetur, ut Labeo ait, non qui abducere comitem coepit, sed qui perfecit, ut comes cum eo non esset.
He seems to have led away, as Labeo says, not who began to lead away a companion, but who completed it so that the companion was not with her.
§47.10.15.18Abduxisse autem non tantum is uidetur, qui per uim abduxit, uerum is quoque, qui persuasit comiti, ut eam desereret.
But not only he who led away by force seems to have led away, but also he who persuaded the companion to desert her.
§47.10.15.19Tenetur hoc edicto non tantum qui comitem abduxit, uerum etiam si quis eorum quem appellauisset adsectatusue est.
By this edict not only he who led away a companion is held, but also if someone has accosted or stalked any of them.
§47.10.15.20Appellare est blanda oratione alterius pudicitiam adtemptare: hoc enim non est conuicium, sed aduersus bonos mores adtemptare.
To accost is to attempt another's chastity with flattering speech; for this is not abuse, but attempting it against good morals.