[MACER libro primo de publicis iudiciis. ] §48.5.33.prNihil interest, adulteram filiam prius pater occiderit an non, dum utrumque occidat: nam si alterum occidit, lege Cornelia reus erit.
[MACER, On Public Prosecutions, Book I.] It makes no difference whether the father killed the adulterous daughter first or not, so long as he kills both; for if he kills only one of them, he will be guilty under the Lex Cornelia.
quod si altero occiso alter uulneratus fuerit, uerbis quidem legis non liberatur: sed diuus Marcus et Commodus rescripserunt impunitatem ei concedi, quia, licet interempto adultero mulier superuixerit post tam grauia uulnera, quae ei pater infixerat, magis fato quam uoluntate eius seruata est: quia lex parem in eos, qui deprehensi sunt, indignationem exigit et seueritatem requirit.
But if, one having been killed, the other was wounded, he is not, indeed, released by the words of the law; however, the Divine Marcus and Commodus issued a rescript that impunity should be granted to him, because, although the woman survived after such severe wounds as her father had inflicted upon her, the adulterer having been slain, she was saved more by fate than by his intention; for the law demands equal indignation against those who were caught in the act and requires severity.
§48.5.33.1Cum alterum ex adulteris elegerit maritus, alterum non ante accusare potest, quam prius iudicium finietur, quia duos simul ab eodem accusari non licet.
When the husband has chosen to prosecute one of the adulterers, he cannot prosecute the other before the first trial is concluded, because it is not permitted that two persons be prosecuted at the same time by the same accuser.
non tamen prohibetur accusator simul cum adultero uel adultera eum quoque accusare, qui domum suam praebuit uel consilio fuit, ut crimen redimeretur.
However, the accuser is not prohibited from prosecuting, at the same time as the male or female adulterer, also the person who provided his house or gave counsel so that the crime might be bought off.