Papinianus, Questions, Book XXXVI. By almost every principle of law, when the power of an adoptive father has once been ended, no vestige of it afterwards remains; and even the paternal dignity obtained by adoption is lost when the relationship is terminated.

The Same, Questions, Book XXXVI. The clause for the prevention of fraud which is placed at the end of a stipulation does not relate to those parts of the agreement concerning which provision is expressly made.

The Same, Questions, Book XXXII. If adultery is committed at the same time as incest, for instance, with a stepdaughter, a daughter-in-law, or a stepmother, the woman shall also be punished, for this will take place even where adultery was not committed. 1When fornication is committed with the daughter of a sister, should it not be considered whether the penalty of adultery will be sufficient for the husband? It happens, in the present instance, that a double crime has been perpetrated, because there is a great deal of difference where an unlawful marriage is contracted by mistake, and where contempt of the law and insult to blood are combined. 2Wherefore, the woman must undergo the same penalty as the man, when she has committed incest prohibited by the Law of Nations; for if only the observation of our law is involved, she will not be liable for the crime of incest. 3Sometimes, however, in the case of males, the crime of incest, although more serious in its nature, is ordinarily treated less severely than that of adultery; provided the incest has been committed through an illegal marriage. 4Finally, the Imperial Brothers released Claudia from responsibility for the crime of incest, on account of her age, but they directed that the unlawful tie should be severed; although, otherwise, the crime of adultery, when committed after puberty, is not excusable on account of age. For it is stated above that women who are mistaken with reference to the law are not liable for the crime of incest; but when they commit adultery they can have no excuse. 5The same Emperors stated in a Rescript that after a divorce which a stepson obtained in good faith from his stepmother, the accusation of incest should not be admitted. 6They also stated in a Rescript to Pollio: “Incestuous marriages are not usually confirmed, and therefore if a person withdraws from such a marriage, we will remit the penalty of the past offence, if the guilty party has not yet been prosecuted.” 7Moreover, incest committed by means of an unlawful marriage is ordinarily excused on account of sex or age, or even after separation, if it takes place in good faith, and a mistake is alleged; and the more readily if no one appears to prosecute. 8The Emperor Marcus Antoninus and his Son Commodus stated in a Rescript that if a husband, impelled by the violence of his grief, kills his wife surprised in adultery, he will not be liable to the penalty imposed on assassins by the Cornelian Law; for the Divine Pius made the following statements in a Rescript addressed to Appollonius: “If anyone does not deny that he has killed his wife, taken in adultery, he may be excused from suffering the extreme penalty, as it is very difficult to restrain justifiable grief; but because he has done more than he should to revenge himself, he must be punished. Therefore, if he is of inferior rank, it will be sufficient for him to be sentenced to hard labor for life; and if he is of superior station, he shall be relegated to an island.” 9A freedman is not readily permitted to attack the reputation of his patron, but he should be permitted to do so if he desires to accuse him of adultery by the right of a husband, just as if he had suffered some other atrocious injury. Where, however, the patron is of the number of those who, if surprised in the commission of this crime, can be killed by another, and if he is caught committing adultery with his wife, it should be considered whether the freedman can kill him with impunity. This seems to us to be rather hard, for reputation, much more than life, should be respected. 10Anyone who occupies a position of honor, or an office in the public service, can be prosecuted, but the accusation will be postponed; and if he furnishes a surety to appear, the case will be deferred until the expiration of his term of office. This was stated by Tiberius Cæsar in a Rescript.

Papinianus, Questions, Book XXXVI. Public prosecutions for peculation, as well as those for appropriating balances, and for extortion, can also be brought against an heir; and this is not unreasonable, as the principle question involved has reference to the stolen money.

The Same, Questions, Book XXXVI. According to the Decrees of our most Excellent Emperor Severus, veterans are excused for life from the exercise of public employments which are not imposed as patrimonial.