[MARCIANUS libro primo de publicis iudiciis. ] §48.5.34.prSi quis adulterium a seruo suo commissum dicat in eam, quam uxorem habuit, diuus Pius rescripsit accusare potius mulierem eum debere, quam in praeiudicium eius seruum suum torquere.
[MARCIANUS, On Public Prosecutions, Book I.] If anyone should allege that adultery was committed by his own slave with her whom he had as a wife, the Divine Pius issued a rescript that he ought to accuse the woman rather than torture his slave to her prejudice.
§48.5.34.1Si quis adulterum non dimiserit, sed retinuerit, forsan filium in nouerca uel etiam libertum uel seruum in uxore, ex sententia legis tenetur, quamuis uerbis non continetur.
If anyone has not dismissed but retained the adulterer—perhaps a son in relation to a stepmother, or even a freedman or a slave in relation to a wife—he is held liable under the spirit of the law, although he is not included in its words.
quae autem retinetur, punitur.
Moreover, she who is retained is punished.
sed si dimissam reduxerit, uerbis non tenetur: sed tamen dicendum est, ut teneatur, ne fraus fiat.
But if he takes back her whom he had dismissed, he is not held liable by the words of the law; nevertheless, it must be said that he is held liable, lest a fraud be committed.
§48.5.34.2Si uxor ex adulterio uiri praemium acceperit, lege Iulia quasi adultera tenetur.
If a wife receives a reward from her husband's adultery, she is held under the Lex Julia as if she were an adulteress.