[ULPIANUS libro secundo ad legem Iuliam de adulteris. ] §48.5.26.prCapite quinto legis Iuliae ita cauetur, ut uiro adulterum in uxore sua deprehensum, quem aut nolit aut non liceat occidere, retinere horas diurnas nocturnasque continuas non plus quam uiginti testandae eius rei causa sine fraude sua iure liceat.
[ULPIANUS, in the second book on the Julia Law on Adultery.] In the fifth chapter of the Julian Law, it is thus provided that a husband is lawfully permitted, without liability to himself, to retain an adulterer caught with his wife, whom he either does not wish or is not allowed to kill, for not more than twenty continuous hours of day and night, for the purpose of proving this matter.
§48.5.26.1Ego arbitror etiam in patre id seruandum, quod in marito expressum est.
I think that this should be observed also in the case of a father, which has been explicitly stated in the case of a husband.
Sed §48.5.26.2si non in domo sua deprehenderit maritus, poterit retinere.
But if the husband did not catch him in his own house, he will still be able to retain him.
§48.5.26.3Sed semel remissus adulter reduci non potest.
But an adulterer, once released, cannot be brought back.
§48.5.26.4Quid ergo si euaserit, an reductus custodiri uiginti horis possit? et putem hic magis dicendum reductum retineri posse, testandae rei gratia.
What then if he has escaped? Can he, having been brought back, be kept in custody for twenty hours? And I should think that here it is rather to be said that he, having been brought back, can be retained, for the sake of proving the matter.
§48.5.26.5Quod adicitur 'testandae eius rei gratia', ad hoc pertinet, ut testes inducat testimonio futuros accusatori deprehensum reum in adulterio.
As to the addition "for the sake of proving this matter," it pertains to this, namely, that he may bring in witnesses who will be a testimony for the accuser that the accused was caught in adultery.