[ULPIANUS libro quarto de adulteriis. ] §48.5.30.prMariti lenocinium lex coercuit, qui deprehensam uxorem in adulterio retinuit adulterumque dimisit: debuit enim uxori quoque irasci, quae matrimonium eius uiolauit.
[ULPIANUS, On Adultery, Book IV.] The law punished the lenocinium of a husband who retained his wife caught in adultery and dismissed the adulterer: for he ought to have been angry also with his wife, who violated his marriage.
tunc autem puniendus est maritus, cum excusare ignorantiam suam non potest uel adumbrare patientiam praetextu incredibilitatis: idcirco enim lex ita locuta est 'adulterum in domo deprehensum dimiserit', quod uoluerit in ipsa turpitudine prehendentem maritum coercere.
But the husband is to be punished then, when he cannot excuse his ignorance or disguise his tolerance under the pretext of incredibility: for this is why the law spoke thus, "dismissed the adulterer caught in the house," because it wished to punish the husband who caught them in the very act of shame.
§48.5.30.1Quod ait lex, adulterii damnatam si quis duxerit uxorem, ea lege teneri, an et ad stuprum referatur, uideamus: quod magis est.
What the law says, that if anyone marries a wife condemned of adultery, he is bound by that law, let us see whether this also refers to stuprum: which is the better view.
certe si ob aliam causam ea lege sit condemnata, impune uxor ducetur.
Certainly, if she was condemned under that law for another reason, she may be married with impunity.
§48.5.30.2Plectitur et qui pretium pro comperto stupro acceperit: nec interest, utrum maritus sit qui acceperit an alius quilibet: quicumque enim ob conscientiam stupri accepit aliquid, poena erit plectendus.
He also is punished who has accepted a price for detected stuprum; and it does not matter whether it is the husband who accepted it or any other person: for whoever has accepted anything because of awareness of stuprum must be punished with penalty.
ceterum si gratis quis remisit, ad legem non pertinet.
However, if anyone has remitted it gratuitously, it does not pertain to the law.
§48.5.30.3Qui quaestum ex adulterio uxoris suae fecerit, plectitur: nec enim mediocriter deliquit, qui lenocinium in uxore exercuit.
He who has made a profit from the adultery of his wife is punished: for he has committed no small offense who practiced lenocinium on his wife.
§48.5.30.4Quaestum autem ex adulterio uxoris facere uidetur, qui quid accepit, ut adulteretur uxor: siue enim saepius siue semel accepit, non est eximendus: quaestum enim de adulterio uxoris facere proprie ille existimandus est, qui aliquid accepit, ut uxorem pateretur adulterari meretricio quodam genere.
Now, he is deemed to make a profit from the adultery of his wife who accepted something so that his wife might commit adultery; for whether he accepted it several times or once, he is not to be exempted: for he is properly to be considered to make profit from the adultery of his wife who accepted something so that he might permit his wife to commit adultery in a certain meretricious manner.
quod si patiatur uxorem delinquere non ob quaestum, sed neglegentiam uel culpam uel quandam patientiam uel nimiam credulitatem, extra legem positus uidetur.
But if he permits his wife to transgress not for profit, but through negligence, fault, a certain tolerance, or excessive credulity, he seems to be placed outside the law.
§48.5.30.5Sex mensuum haec fit separatio, ut in nupta quidem ex die diuortii sex menses computentur, in uidua uero ex die commissi criminis: quod significari uidetur rescripto ad Tertullum et Maximum consules.
This separation is made of six months, so that in the case of a married woman indeed, six months are computed from the day of divorce, but in the case of a widow, from the day of the committed crime: which seems to be indicated by a rescript to the consuls Tertullus and Maximus.
praeterea si ex die diuortii sexaginta dies sint, ex die uero commissi criminis quinquennium praeteriit, debuit dici nec mulierem posse accusari, ut, quod dantur sex menses utiles, sic sit accipiendum, ne crimen quinquennio continuo sopitum excitetur.
Furthermore, if sixty days have passed from the day of divorce, but five years have passed from the day of the committed crime, it ought to have been said that the woman cannot be accused, so that, because six available months are given, it should be so understood lest a crime put to rest for five continuous years be revived.
H §48.5.30.6oc quinquennium obseruari legislator uoluit, si reo uel reae stuprum adulterium uel lenocinium obiciatur.
The legislator wished this five-year period to be observed if stuprum, adultery, or lenocinium is charged against a male or female defendant.
quid ergo, si aliud crimen sit quod obiciatur, quod ex lege Iulia descendit, ut sunt qui domum suam stupri causa praebuerunt et alii similes? et melius est dicere omnibus admissis ex lege Iulia uenientibus quinquennium esse praestitutum.
What then if another crime is charged which arises from the Julian law, such as those who have provided their house for the purpose of stuprum, and others like them? It is better to say that the five-year period is prescribed for all offenses coming from the Julian law.
§48.5.30.7Quinquennium autem ex eo die accipiendum est, ex quo quid admissum est, et ad eum diem, quo quis postulatus postulataue est, et non ad eum diem, quo iudicium de adulteriis exercetur.
Now, the five-year period is to be calculated from that day on which something was committed, and to that day on which someone was accused, and not to that day on which the trial concerning adultery is held.
H §48.5.30.8oc amplius senatus consulto adiectum est, ut, si plures eundem postulauerint, eius, qui perseuerauerit reum reamue facere, postulationis dies prima exigatur, scilicet ut qui accusat suos libellos accusatorios exspectet, non alienos.
More than this was added by a senatusconsultum, so that, if several persons have accused the same person, the day of the first accusation of him who has persisted in making the person a defendant is required, namely, so that he who accuses may await his own accusatory libels, not another's.
§48.5.30.9Eum autem, qui per uim stuprum intulit mari uel feminae, sine praefinitione huius temporis accusari posse dubium non est, cum eum publicam uim committere nulla dubitatio est.
But there is no doubt that he who has committed stuprum by force upon a male or female can be accused without the limitation of this time, since there is no doubt that he commits public violence.