[ULPIANUS libro trigensimo tertio ad edictum. ] §48.20.5.prSed si alia lege capitis punita sit, quae lex dotem non publicat, quia prius serua poenae efficitur, uerum est dotem mariti lucro cedere, quasi mortua sit.
[ULPIAN, from the Thirty-Third Book on the Edict.] But if she has been punished with a capital penalty under another law, which law does not confiscate the dowry, since she first becomes a slave of punishment, it is true that the dowry falls to the profit of the husband, as if she were dead.
§48.20.5.1Quod si deportata sit filia familias, Marcellus ait, quae sententia et uera est, non utique deportatione dissolui matrimonium: nam cum libera mulier remaneat, nihil prohibet et uirum mariti affectionem et mulierem uxoris animum retinere.
But if a daughter of a family has been deported, Marcellus says—which opinion is also correct—that the marriage is not at all dissolved by deportation; for since the woman remains free, nothing prevents both the husband from retaining his marital affection and the woman her marital intent.
si igitur eo animo mulier fuerit, ut discedere a marito uelit, ait Marcellus tunc patrem de dote acturum.
Therefore, if the woman is of such a mind that she wishes to depart from her husband, Marcellus says that the father will then sue for the dowry.
sed si mater familias sit et interim constante matrimonio fuerit deportata, dotem penes maritum remanere: postea uero dissoluto matrimonio posse eam agere, quasi humanitatis intuitu hodie nata actione.
But if she is a mother of a family and in the meantime has been deported while the marriage is still subsisting, the dowry remains with the husband; but afterwards, when the marriage has been dissolved, she can sue, as if by an action born today out of consideration of humanity.