[ULPIANUS libro primo de adulteriis. ] §48.5.24.prQuod ait lex 'in filia adulterum deprehenderit', non otiosum uidetur: uoluit enim ita demum hanc potestatem patri competere, si in ipsa turpitudine filiam de adulterio deprehendat.
[ULPIAN, in the first book on Adulteries.] It does not seem superfluous that the law says, "if he has caught the adulterer in the daughter"; for it willed that this power should belong to the father only if he catches his daughter in the act of adultery in the very midst of the shameful deed.
Labeo quoque ita probat, et Pomponius scripsit in ipsis rebus Ueneris deprehensum occidi: et hoc est quod Solo et Draco dicunt ἐν ἔργῳ.
Labeo also approves of this, and Pomponius wrote that he who is caught in the very acts of Venus is to be killed; and this is what Solon and Draco call ἐν ἔργῳ.
§48.5.24.1Sufficit patri, si eo tempore habeat in potestate, quo occidit, non quo in matrimonio collocauit: finge enim postea redactam in potestatem.
It is sufficient for the father if he has her in his power at the time when he kills her, not when he gave her in marriage; for suppose that she was afterwards brought back into his power.
§48.5.24.2Quare non, ubicumque deprehenderit pater, permittitur ei occidere, sed domi suae generiue sui tantum, illa ratio redditur, quod maiorem iniuriam putauit legislator, quod in domum patris aut mariti ausa fuerit filia adulterum inducere.
As to why it is not permitted to the father to kill wherever he catches them, but only in his own house or that of his son-in-law, the following reason is given: that the legislator considered it a greater injury that the daughter dared to bring the adulterer into the house of her father or her husband.
§48.5.24.3Sed si pater alibi habitet, habeat autem et aliam domum, in qua non habitet, deprehensam illo filiam, ubi non habitat, occidere non poterit.
But if the father lives elsewhere, and yet owns another house in which he does not reside, he will not be able to kill his daughter if she is caught in that house where he does not reside.
§48.5.24.4Quod ait lex 'in continenti filiam occidat', sic erit accipiendum, ne occiso hodie adultero reseruet et post dies filiam occidat, uel contra: debet enim prope uno ictu et uno impetu utrumque occidere, aequali ira aduersus utrumque sumpta.
What the law says, "let him kill the daughter immediately," must be understood in this way: that he should not, having killed the adulterer today, spare the daughter and kill her after some days, or vice versa; for he ought to kill both almost with one blow and one impulse, with equal anger conceived against both.
quod si non affectauit, sed, dum adulterum occidit, profugit filia et interpositis horis adprehensa est a patre qui persequebatur, in continenti uidebitur occidisse.
But if he did not plan this, but while he was killing the adulterer the daughter fled and, after some hours had elapsed, she was caught by the father who was pursuing her, he will be deemed to have killed her immediately.