Papinianus, On Adultery, Book I. I know that the question has arisen whether those who have been convicted of calumny in public trials can testify in a public prosecution. They are not, however, forbidden to do so by the Lex Remmia; and the Lex Julia relating to violence, extortion, and peculation, does not prohibit such persons from giving evidence, nevertheless, what is omitted by the laws should not be omitted by the conscientious judge, whose duty it is to carefully weigh the credibility of the witness and determine whether he gives his testimony as a man of integrity should do.

Papinianus, On Adultery, Book I. Even though the marriage should be dissolved, the land is still understood to be dotal. 1The consent of a father-in-law to the sale of land belonging to a dowry is of no force or effect.

Papinianus, On Adultery, Book I. Where one party who has given the other notice of divorce repents, and the other is ignorant of the change of mind, the marriage must be held to continue to exist; unless the one who received the notice and is aware of the change of mind, himself or herself desires to dissolve the marriage, for then it will be dissolved by the one who received the notice.

Papinianus, On Adultery, Book I. Where a creditor is accused of a crime, there is nothing to prevent the payment of money by his debtors; otherwise, many innocent persons would be deprived of the necessary means of defence.

Papinianus, On Adultery, Book I. Women are permitted to bring a public accusation for certain causes, for instance, if they do so on account of the death of any of those persons of either sex against whom they, if unwilling, can not be compelled to appear as witnesses, under the provisions of the law relating to public testimony. The Senate arrived at the same conclusion with reference to the Cornelian Law on Evidence. Women, however, are allowed to testify publicly in a criminal prosecution concerning the will of a freedman of their father or their mother. 1By the law relating to testaments, the right was conceded to wards, with the advice of their guardians, to institute a prosecution for the death of their father, just as a female ward is allowed to institute one for the death of her grandfather, since the Divine Vespasian permitted wards to bring suit with reference to the will of their father; but they could proceed by means of the interdict just as if the will had not been produced.

Papinianus, On Adultery, Book I. Where a slave is accused of a capital offence, it is provided by the law of criminal prosecutions that he must furnish security for his appearance in court, even though his surety be a stranger. If he is not defended in this way, he should be thrown into the public prison, so that he may defend himself while under restraint. 1Therefore, the question is usually discussed whether the master should afterwards, by giving security, be permitted to release his slave from confinement. The Edict of Domitian, by which it is provided that releases obtained under the Decree of the Senate are not applicable to slaves of this kind, increases the already existing doubt, for the law itself forbids him to be discharged before his case has been disposed of. This interpretation, which is somewhat hard, is too severe when applied to a slave whose master is absent, or who, through poverty, was at that time unable to furnish security. For it cannot be said that a slave is left without defence whose master is present, or is ready to defend him, but is too poor to do so. This can the more readily be admitted, if too long a time to find security has not been taken. 2Those who are required to appear in court on account of some other crime previously committed are not included in the number of accused persons, according to a Decree of the Senate. This rule is also observed in private cases, where the parties have given sureties, unless on this account a temporary action is in danger of being extinguished through lapse of time.

Papinianus, On Adultery, Book I. The Julian Law only applies to free persons who have been the victims of adultery or debauchery. With reference to female slaves, recourse can easily be had to the action authorized by the Aquilian Law, and that for injury will also lie, and the Prætorian action for the corruption of a slave will not be refused; so that the person guilty of this crime will not escape on account of the multiplicity of actions. 1The law promiscuously and incorrectly designates the same crime by the terms debauchery and adultery. Properly speaking, adultery is only committed with a married woman; this name having been adopted on account of the child being begotten by another than the husband. Debauchery, which the Greeks call “corruption,” is committed with a virgin, or a widow. 2A son under paternal control, who is a husband, is not, by this law, distinguished from one who is his own master. The Divine Hadrian stated in a Rescript addressed to Rosianus Geminus, that even without the consent of his father, a son under paternal control could bring an accusation under this law. 3The husband, although he may be already prosecuting two persons for another crime, can, by his marital right, accuse a third party, because this case is not included among the others.

Papinianus, On Adultery, Book I. The right is granted to the father to kill a man who commits adultery with his daughter while she is under his control. Therefore no other relative can legally do this, nor can a son under paternal control, who is a father, do so with impunity.

Papinianus, On Adultery, Book I. In this law, the natural father is not distinguished from the adoptive father. 1In the accusation of his daughter, who is a widow, the father is not entitled to the preference. 2The right to kill the adulterer is granted to the father in his own house, even though his daughter does not live there, or in the house of his son-in-law. The house should be understood to mean the residence, as in the Cornelian Law relating to injuries. 3He, however, who can kill an adulterer, has a much greater right to treat him with contumely. 4Hence the father, and not the husband, has the right to kill the woman and every adulterer; for the reason that, in general, paternal affection is solicitous for the interests of the children, but the heat and impetuosity of the husband, who decides too quickly, should be restrained.