Disputationum libri
Ex libro III
Dig. 4,4,37Tryphoninus libro tertio disputationum. Auxilium in integrum restitutionis exsecutionibus poenarum paratum non est: ideoque iniuriarum iudicium semel omissum repeti non potest. 1Sed et in sexaginta diebus praeteritis, in quibus iure mariti sine calumnia vir accusare mulierem adulterii potest, denegatur ei in integrum restitutio: quod ius omissum si nunc repetere vult, quid aliud quam delicti veniam, id est calumniae deprecatur? et cum neque in delictis neque in calumniatoribus praetorem succurrere oportere certi iuris sit, cessabit in integrum restitutio. in delictis autem minor annis viginti quinque non meretur in integrum restitutionem, utique atrocioribus, nisi quatenus interdum miseratio aetatis ad mediocrem poenam iudicem produxerit. sed ut ad legis Iuliae de adulteriis coercendis praecepta veniamus, utique nulla deprecatio adulterii poenae est, si se minor annis adulterum fateatur. dixi, nec si quid eorum commiserit, quae pro adulterio eadem lex punit, veluti si adulterii damnatam sciens uxorem duxerit, aut in adulterio deprehensam uxorem non dimiserit, quaestumve de adulterio uxoris fecerit, pretiumve pro comperto stupro acceperit, aut domum praebuerit ad stuprum adulteriumve in eam committendum: et non sit aetatis excusatio adversus praecepta legum ei, qui dum leges invocat, contra eas committit.
Tryphoninus, Disputations, Book III. The aid granted by complete restitution was not provided for the imposition of penalties; and hence where a minor has once neglected to bring an action for injury, he cannot recover the right to do so. 1Where the sixty days have elapsed, during which a man can accuse his wife of adultery by the right of a husband; complete restitution will be refused him, and if he now wishes to recover the right which he failed to exercise, how would this differ from an application to be released from the commission of an offence; that is to say, from the institution of a suit for the purpose of annoyance. Since it is a well established principle of law that the Prætor should not come to the aid of parties who have committed crimes, or have instituted vexatious proceedings; complete restitution will not apply under such circumstances. In a case of crime, a minor under twenty-five years of age is not entitled to complete restitution, at all events, where more serious offences are concerned; unless, when compassion for his youth may sometimes cause the judge to impose a milder penalty. But with reference to the Lex Julia which relates to the punishment of adultery, where a minor confesses that he has been guilty of adultery, he cannot escape the penalty for this offence; nor, as I have stated, can he do so where he commits any of these offences which the law punishes as it does adultery; for instance, where he knowingly marries a woman who has been convicted of adultery; or does not dismiss his own wife who was caught in adultery; or where he profits by the adultery of his wife; or accepts a reward for the concealment of unlawful intercourse; or permits his house to be used for the commission of fornication or adultery; for the excuse of youth cannot be pleaded against legal provisions, where a man although he invokes the law himself violates it.