5. LEX JULIA ON PUNISHING ADULTERIES
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318 BOOK FORTY-EIGFITIPUNISHING ADULTERIES opportunity for showing their reverence for the imperial majesty, but as a matter of fact; for the nature of the person must be considered; could he have done it, had he done or devised anything beforehand, and was he in his right mind? Nor should a slip of the tongue readily bring a man to punishment; for although thoughtless persons may deserve punishment, nevertheless, they should be pardoned as not of sound mind if their crime was not of such a kind that it derives from the actual wording of the statute or merits exemplary punishment. 4. The offense of treason in an action such as the violation of statues or images is very much aggravated in the case of a soldier. 8 PAPINIAN, Replies, book 13: Women also are given a hearing in questions [of offenses ] against the majestas [of the Roman people]. It was indeed the woman Fulvia who revealed the conspiracy of Sergius Catiline and gave information to the consul M. Tullius [Cicero]. 9 HERMOGENIAN, Epitome o f Law, book 5: The deified Severus decreed that the property of freedmen of those condemned on a charge of treason should be saved for the children of the condemned, and should be claimed for the imperial treasury only if there were no surviving children of the condemned man. 10 HERMOGENIAN, Epitome o f Law, book 6: He by whose help and counsel, given with malicious intent, a province or a civitas has been betrayed to the enemy can be accused of the offense of treason. 11 ULPIAN,Disputations, book 8: He who dies while under accusation dies with his status unimpaired; for the charge is extinguished by death. Unless perchance he has been charged with treason; for with this offense his inheritance is claimed by the imperial treasury, unless he is cleared by his successors. Clearly, not everyone charged with treason under the lex Julia is on the same footing, but he who is charged with perduellio, animated by a hostile spirit against the state or the emperor [is liable even after death]; he who is charged under the lex Julia on treason on other grounds is cleared of the charge on his death. LEX JULIA ON PUNISHING ADULTERIES 1 ULPIAN,Adulteries, book 1: This law was passed by the deified Augustus. 2 ULPIAN,Disputations, book 8: In the lex Julia it is laid down that anyone who has to begin with the male adulterer because the woman has married [again] before the notification [of intended prosecution], cannot arrive at [an action against] the woman unless he has completed [the action against]the man. But no one is regarded as having completed an action unless he has obtained a condemnation. 1. This rule deservedly bars someone making an accusation by the right of a husband if he is alleged to have betrayed the [intention of the] statute on the grounds that, having begun on an accusation of adultery, he has dropped it. 2. The crime of lenocinium is laid down by the lex Julia on adultery, since a penalty is appointed by the statute for the husband who acquires anything from the adultery of his wife and also for him who keeps her after she has been caught in adultery. 3. But he who permits his wife to offend and despises his marriage and who is not angry at the defilement is not inflicted with the punishment for adultery. 4. A person who says he [committed adultery] by the lenocinium of the husband is indeed seeking to extenuate his offense, but a set-off of this kind is not admitted. And so if a man accused of adultery wishes to have the husband accused of lenocinium, he shall not be given a hearing once he has himself been accused. 5. If in a criminal trial a husband makes an accusation against his wife, should an allegation of lenocinium deny the husband his accusation? I would think it 318 BOOK FORTY-EIGI-IT /PUNISHING ADULTERIES opportunity for showing their reverence for the imperial majesty, but as a matter of fact; for the nature of the person must be considered; could he have done it, had he done or devised anything beforehand, and was he in his right mind? Nor should a slip of the tongue readily bring a man to punishment; for although thoughtless persons may deserve punishment, nevertheless, they should be pardoned as not of sound mind if their crime was not of such...


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