4.1.257 to 4.1.260

(180) The penalty of the counter engagement is usually required in certain cases, and, as in the contrary action the plaintiff is condemned under all circumstances if he should not gain his case, nor is it necessary for him to know that he had no good cause of action; so the penalty of the counter engagement must, under all circumstances, be paid by the plaintiff if he was unable to gain his case. (181) Moreover, when anyone undergoes the penalty of the counter engagement neither the action for vexatious litigation can be brought against him, nor can the oath be administered, for it is clear that in cases of this kind the contrary action will not lie. (182) In certain actions persons who are condemned become infamous, as in those of theft, robbery with violence, and injury, also in cases of partnership, trust, guardianship, mandate, and deposit. In actions of theft, robbery with violence, and injury, not only are the persons convicted branded with infamy, but also where a compromise is made, as is stated in the Edict of the Prætor ; and this is proper, for it makes a great deal of difference whether anyone becomes a debtor on account of the commission of a crime, or under a contract. But while it is not expressly stated in any part of the Edict that a party is to become infamous, still he is said to be infamous who is forbidden to represent another in court, or to appoint, give, or have an agent or attorney, or to intervene as agent or attorney in a case. (183) In conclusion, it should be noted that a person who desires to bring an action against another must summon him to appear in court, and if the party summoned does not appear, he will be liable to a penalty under the Edict of the Prætor. It is, however, not permitted to summon certain persons without the permission of the Prætor; for instance, parents, patrons, patronesses, and the children or parents of a patron or patroness; and anyone who violates this provision is liable to a penalty.