Paulus, On Adultery. Domitian stated in a Rescript that what is provided with reference to festivals, and the discharge of defendants, does not apply to slaves who, having been accused, are ordered to be placed in chains until the case is decided.

Paulus, On Adultery, Book I. Where a woman is placed in possession of an estate in the name of her unborn child, the Divine Hadrian stated in a Rescript addressed to Calpurnius Flaccus that an accusation of adultery should be postponed, in order that no wrong may be done to the child.

Paulus, On Adultery, Book I. A father cannot prosecute, without exposing himself to the risk of a false accusation. 1The sixty days are computed from the time of the divorce, and in the sixty the sixtieth is itself included.

Paulus, On Adultery, Book II. Since the Lex Julia de Adulteriis prohibits a woman who has been convicted of adultery from testifying, it follows that even women have the right to give evidence in court.

Paulus, On Adultery, Book II. No divorce is valid unless it takes place in the presence of seven Roman citizens, who are of age, in addition to the freedman of the party who institutes proceedings for that purpose. We understand the freedman to be one who has been manumitted by the father, the grandfather, the great-grandfather, and other ascendants interested in the proceedings above mentioned.

Paulus, On Adultery, Book II. Where the husband is not pecuniarily able to pay the dowry and it is confiscated, judgment should be rendered against him in favor of the Treasury for the amount which he is able to pay, in order that the woman may not be punished to the injury of the husband.

The Same, On Adultery, Book II. The term of five years should be reckoned continuously, and not merely by computing the available days. But what course must be pursued if the woman was accused first, and, as the adulterer could not be prosecuted at the same time, the case having been protracted for an extended period, the term of five years should expire? What if he who began the prosecution within five years did not carry it to a conclusion, or was guilty of prevarication, and another should desire to proceed after the five years have elapsed? It is just to deduct from the five years the time which was consumed by the preceding prosecution.

Paulus, On Adultery, Book II. The Edict of the Divine Augustus, which he published during the Consulate of Vivius Avitus and Lucius Apronianus, is as follows: “I do not think that torture should be inflicted in every instance, and upon every person; but when capital and atrocious crimes cannot be detected and proved except by means of the torture of slaves, I hold that it is most effective for ascertaining the truth, and should be employed.” 1The slave who is to be free under a condition may be subjected to torture, because he is the slave of the heir, but he will still retain his hope of freedom.

Paulus, On Adultery, Book III. Where a woman, who was about to marry Titius, transferred to Mævius, with the consent of her husband, the land which she had given as dowry; the dowry will be in the same condition as if she had transferred it to Titius herself. 1If anyone should give a tract of land as dowry for a woman, it becomes dotal; for it is considered to have come into the hands of the husband on account of his wife. 2Where a husband owes his wife land belonging to another, and she promises it to him by way of dowry, it will be in suspense, and will become dotal when it comes into his hands. 3If a woman rejects land which has been devised to her by way of dowry, or even if she fails to accept an estate or a legacy, where her husband was substituted, the land will become dotal.

Paulus, On Adultery, Book V. If a slave is manumitted before the sixty days have elapsed, he will be conditionally free.

Paulus, On Adultery, Book III. Nor is it held to be forbidden for payment to be made by the accused party to his creditor.

Paulus, On Adultery, Book III. The following is the form of an accusation, by inscription: “The Consul, and the date. Before So-and-So, Prætor and Proconsul, Lucius Titius declared that he accused Mævia under the Lex Julia de Adulteriis; and alleged that she committed adultery with Gaius Seius, in such-and-such a house, on such-and-such a month, during such-and-such a consulate.” It is first necessary to designate the place in which the adultery occurred, as well as the person with whom it is alleged to have been committed, and the month; for this is provided by the Julian Law relating to public prosecutions, and generally speaking, it applies to all who bring an accusation against anyone. If the prosecutor is unwilling, he need not include the day or the hour. 1Where inscriptions are not drawn up according to law, the name of the defendant is erased, and the prosecutor has power to renew the accusation. 2He who presents the inscription must sign what he has stated, or another can do so for him if he does not know how to write. 3But if he makes an accusation of another crime, as for instance, that of having lent a house in order that a matron might use it for the purpose of debauchery, or that of having released a man caught with her in adultery, or that of having received money after having surprised the guilty parties in the act, or anything else of this description, it must be included in the document. 4If the accuser should die, or, for some other reason, be prevented from making the accusation, or anything of this kind occurs, the name of the defendant will be erased, if he requests this to be done. This is provided by the Julian Law relating to force, as well as by the Decree of the Senate, so that another can again begin the prosecution of the defendant. Let us see within what time this can take place. It can be done within thirty available days.

Paulus, On Adultery, Book III. We understand a person to have desisted who has entirely abandoned the intention of prosecuting, and not he who has only postponed the accusation. 1Anyone who, by permission of the Emperor, desists from prosecuting a criminal charge, is not liable to punishment.