Ad legem Iuliam et Papiam libri
Ex libro I
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.
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.