The Probert Encyclopaedia of General Information

ADULTERY

Adultery is the voluntary sexual intercourse of a married person with any other than the offender's husband or wife; when committed between two married persons, the offence is called double, and when between a married and single person, single adultery. The Mosaic, Greek, and early Roman law only recognized the offence when a married woman was the offender. By the Jewish law it was punished with death. In Greece the laws against it were severe. By the laws of Draco and Solon adulterers, when caught in the act, were at the mercy of the injured party. In early Rome the punishment was left to the discretion of the husband and parents of the adulteress. The punishment assigned by the Lex Julia, under Augustus, was banishment or a heavy tine. Under Constantius and Constans, adulterers were burned or sewed in sacks and thrown into the sea; under Justinian the wife was to be scourged, lose her dower, and be shut up in a monastery; at the expiration of two years the husband might take her again; if he refused she was shaven and made a nun for life. By the ancient laws of France this crime was punishable with death. In Spain personal mutilation was frequently the punishment adopted. In several European countries adultery was regarded as a criminal offence, but in none did the punishment exceed imprisonment for a short period, accompanied by a fine. In England formerly it was punishable with fine and imprisonment, and in Scotland it was frequently made a capital offence. In the United States the punishment of adultery has varied materially at different times. It has, however, very seldom been punished criminally in the States.
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