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48.5.1 (Ulpian, On Adultery, book 1) The Julian
law on adultery was introduced by the divine
Augustus ...
48.5.2 (Ulpian, Disputations, book 8) (2) The
crime of pimping is included in the Julian law of
adultery, as a penalty has been preserved against
a husband who profits pecuniarily by the adultery
of his wife, as well as against one who retains
his wife after she has been taken in adultery.
(8) If the husband and the father of the woman
appear at the same time for the purpose of
accusing her, the question arises, which of them
should be given the preference? The better opinion
is that the husband should be entitled to the
preference, for it may well be believed that he
will prosecute the accusation with greater anger
and vexation ...
48.5.9 (Papinian [21]) Anyone who knowingly lends
his house to enable unlawful sexual intercourse or
adultery to be committed there with a matron who
is not his wife, or with a male, or who
pecuniarily profits by the adultery of his wife,
no matter what may be his status, is punished as
an adulterer ...
48.5.11 (Papinian, On Adultery, book 2) (pr.) A
matron [22] means not only a married woman but
also a widow. (1) Women who lend their houses, or
have received any compensation for (revealing)
unlawful intercourse which they know, are also
liable under this section of the law. (2) A woman
who gratuitously acts as a procuress for the
purpose of avoiding the penalty for adultery, or
hires her services to appear in the theatre, can
be accused and convicted of adultery under the
decree of the senate.
48.5.12 (Papinian, Adultery, sole book) (8) A
woman, prosecuted for adultery after the death of
her husband, (9) asks for delay on account of the
youth of her son. I answered: This woman does not
seem to have a just defence who offers the age of
her son as a pretext for evading a legal
accusation. For the charge of adultery brought
against her does not necessarily prejudice the
child, since she herself may be an adulteress, and
the child still have the deceased for his father.
(12) A woman, having heard that her absent husband
was dead, married another, and her first husband
afterwards returned. I ask, what should be decided
with reference to this woman? The answer was that
the question is one of both law and of fact; for
if a long time had elapsed without any proof of
unlawful sexual intercourse having been made, and
the woman, having been induced by false rumours,
and, as it were, released from her former tie,
married a second time in accordance with law, as
it is probable that she was deceived, and she can
be held to have done nothing deserving of
punishment. If, however, it is established that
the supposed death of her husband furnished an
inducement for her marrying a second time, as her
chastity is affected by this fact, she should be
punished in proportion to the character of the
offence.
(13) I married a woman accused of adultery, and,
as soon as she was convicted, I repudiated her. I
ask whether I should be considered to have
furnished the cause of the rupture. The answer was
that, since by the Julian law you are prohibited
from keeping a wife of this kind, it is clear that
you should not be considered to have furnished the
cause for the divorce. Therefore, the law will be
applied just as if a divorce had taken place
through the fault of the woman.
48.5.20 (Ulpian, Lex Julia on Adultery, book 2)
(3) If the adulterer should be acquitted, a
married woman cannot be accused, either by the
person who prosecuted the adulterer and was
defeated, or even by another. So also if the
accuser agrees with the adulterer through
collusion and the adulterer is acquitted, he has
given to the married woman immunity against all
other accusers. She can be accused if she should
cease to be married, for the law only protects a
woman as long as she is married. |
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