[IDEM libro quinto decimo responsorum. ] §48.5.40.prUim passam mulierem sententia praesidis prouinciae continebatur: in legem Iuliam de adulteriis non commisisse respondi, licet iniuriam suam protegendae pudicitiae causa confestim marito renuntiari prohibuit.
[BY THE SAME AUTHOR, Responsas, Book XV.] It was contained in the judgment of the governor of the province that the woman had suffered violence: I responded that she had not offended against the Julian Law on Adultery, even though, for the sake of protecting her chastity, she forbade her injury to be immediately reported to her husband.
§48.5.40.1Nupta quoque muliere, tametsi lenocinii uir prior non postuletur, adulterii crimen contra adulterum ab extrario poterit inferri.
Even when the woman is married, although the husband is not first accused of pandering, the charge of adultery can be brought against the adulterer by a third party.
§48.5.40.2In matrimonio quoque defuncta uxore uir iure adulterum inter reos recipi postulat.
Also, when the wife has died during the marriage, the husband by right demands that the adulterer be received among the defendants.
§48.5.40.3Nupta, priusquam adulter damnetur, adulterii non postulatur, si nuptias denuntiatio uel ad domum mulieris missa non praecessit.
A married woman, before the adulterer is condemned, is not accused of adultery, if a notification of the dissolution of the marriage, or one sent to the woman's house, did not precede.
§48.5.40.4Mulierem ob latronum societatem exulare iussam citra poenae metum in matrimonio retineri posse respondi, quia non fuerat adulterii damnata.
I responded that a woman who was ordered to go into exile on account of association with robbers could be retained in marriage without fear of punishment, because she had not been condemned for adultery.
§48.5.40.5Praescriptione quinque annorum crimen incesti coniunctum adulterio non excluditur.
The crime of incest joined with adultery is not excluded by the five-year prescription.
§48.5.40.6Duos quidem adulterii, marem et feminam, propter commune crimen simul non iure nec a uiro postulari conuenit.
It is indeed not lawful, nor is it fitting, for a husband to accuse two persons, a male and a female, of adultery at the same time on account of their common crime.
cum tamen duobus denuntiatum fuisset ab eo, qui postea desistere uolebat, abolitionem esse necessariam in utriusque personam respondi.
However, when notice had been served on both by one who later wished to desist, I responded that an abolition of the suit was necessary in respect of both persons.
§48.5.40.7Incesti commune crimen aduersus duos simul intentari potest.
The common crime of incest can be prosecuted against two persons at the same time.
§48.5.40.8De seruis quaestionem in dominos incesti postulatos ita demum habendam respondi, si per adulterium incestum esse contractum dicatur.
I responded that an examination of slaves against their masters accused of incest should only then be held if it is alleged that the incest was contracted through adultery.