Ulpianus, On Adultery, Book I. This law was introduced by the Divine Augustus.

Ulpianus, On Adultery, Book II. These words of the law, namely, “In order that no one may, knowingly and fraudulently, commit debauchery or adultery,” are applicable both to him who advised it, and to him who committed the act of debauchery or adultery.

The Same, On Adultery, Book I. Anyone who has served notice of repudiation upon his wife can also notify her not to marry Seius, and if he has notified her, he can begin with her.

Ulpianus, On Adultery, Book I, Hence it happens that neither the father nor the grandfather can kill the adulterer. This is not unreasonable, for he cannot be considered to have anyone under his control who has not control of himself.

Ulpianus, On Adultery, Book I. What the law says, that is, “If he finds a man committing adultery with his daughter,” does not seem to be superfluous; for it signifies that the father shall have this power only when he surprises his daughter in the very act of adultery. Labeo also adopts this opinion; and Pomponius says that the man must be killed while in the very performance of the sexual act. This is what Solon and Dracho mean by the words, “ἔρνῳ.” 1It is sufficient for the father for his daughter to be subject to his authority at the time when he kills the adulterer, although she may not have been at the time when he gave her in marriage; for suppose that she had afterwards come under his control. 2Therefore the father shall not be permitted to kill the parties wherever he surprises them, but only in his own house, or in that of his son-in-law. The reason for this is, that the legislator thought that the injury was greater where the daughter caused the adulterer to be introduced into the house of her father or her husband. 3If, however, her father lives elsewhere, and has another house in which he does not reside, and surprises his daughter there, he cannot kill her. 4Where the law says, “He may kill his daughter at once;” this must be understood to mean that having to-day killed the adulterer he can not reserve his daughter to be killed subsequently; for he should kill both of them with one blow and one attack, and be inflamed by the same resentment against both. But if, without any connivance on his part, his daughter should take to flight, while he is killing the adulterer, and she should be caught and put to death some hours afterwards by her father, who pursued her, he will be considered to have killed her immediately.

Ulpianus, On Adultery, Book I. A father cannot kill his son without his having been heard; but he should accuse him before the Prefect or the Governor of the province.

Ulpianus, On Adultery, Book I. The penalty for peculation originally was the interdiction of water and fire, for which, at present, deportation has been substituted. Moreover, anyone who is placed in this position loses not only all his former rights but also his property.

Ulpianus, On Adultery, Book I. We call those persons prevaricators who assist the cause of their adversaries, and while on the side of the plaintiff favor that of the defendant; for the term “prevaricator” is derived from the verb “varico,” to straddle.