De adulteriis libri
Ex libro II
Papinianus, On Adultery, Book II. Where a slave is accused he shall be put to torture, if this is demanded; and if he is acquitted, the accuser shall be condemned to pay his master double his value; and, in addition to double his value, an inquiry shall be made as to whether the prosecution was instituted for the purpose of annoyance, as the crime of illegal prosecution is separate from any loss which has been sustained by the master through the torture of the slave.
The Same, On Adultery, Book II. The Divine Hadrian exiled for the term of three years a man who, while on a journey, took the wife of another man to his house, from which she sent to her husband a notice of repudiation.
Papinianus, On Adultery, Book II. Anyone who knowingly lends his house to enable debauchery 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. 1It is clear that by the term “house” every kind of habitation is meant.
Papinianus, On Adultery, Book II. A matron means not only a married woman, but also a widow. 1Women who lend their houses, or have received any compensation for debauchery which they have committed, are also liable under this Section of the law. 2A woman who gratuitously acts as a bawd 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.
Papinianus, On Adultery, Book II. The dismissal of a criminal case is either made publicly on account of some memorable occasion, or because of some public rejoicing,
Papinianus, On Adultery, Book II. Or privately, at the request of the accuser. There is a third kind of dismissal made in accordance with law, that is, when the accuser dies, or is prevented by some good reason from bringing the accusation. 1When a dismissal is made in accordance with a public decree, the husband, in bringing the charge a second time, will not forfeit any of his rights. 2The Divine Hadrian stated that the thirty days prescribed for reviving an accusation should be understood to be available days, that is to say they should be computed from the date on which the festivals terminated. The Senate decreed that these days began at the time when anyone could resume the prosecution of the defendant. This time to revive the case does not begin to run except where the accuser can institute proceedings.
Papinianus, On Adultery, Book II. When a father or a husband brings an accusation of adultery, and a demand is made that the slaves of the party accused be put to the question, if an acquittal should result, after the case has been argued, and the witnesses produced, an estimate must be made of the value of the slaves who have died; but if a conviction should be obtained, the surviving slaves shall be confiscated. 1When the case is one involving a forged will, the slaves belonging to the estate can be tortured.
Papinianus, On Adultery, Book II. Every husband is always entitled to actions against the Treasury.