Mosaycarum et Romanarum legum collatio

TITVLVS IIII.

About to make a brief interpretation on restraining adulterers, I preferred to go through the chapters themselves and observe the order of the law. And indeed, the first chapter of the Julian law on adulteries abrogates many prior laws. By the second chapter, however, it permits the father of his daughters whom he has in his power, so that in the case where, with the author [the father] present while she was in his power, she came into the hand of her husband, if he has discovered the adulterer in his house or in the house of his son-in-law, to whom the father-in-law has applied this matter, that the father may kill the adulterer without fraud, provided that he kills the daughter immediately. However, Marcellus writes in book 31 of the Digest that the indignation of the daughter who has killed the caught adulterer, and immediately the daughter, is a deed done by lawful right. Marcellus also proves in the same book that by the authority of the father, he could kill either his son-in-law or his own patron if he discovered the adulterer against his daughter. But if he has not killed the daughter but only the adulterer, he is guilty of homicide. If he has killed the daughter after an interval, it is the same, unless he killed her in pursuit. For by the continuity of spirit, it is seen that he acted by the authority of the law.

THE SAME PAVLVS in the same single book and title. CERTAIN persons are enumerated, whom it is permitted to a husband to kill if his wife is caught in adultery, although it is not permitted to kill the wife. Therefore, according to the laws, it is also permitted to a husband, and even to a son-in-power, to kill an adulterer caught in his own house...