ADULTERY (Lat. adulteriurnj has been well defined as "the voluntary sexual inter course of a married person with a person other than the offender's husband or wife." (Bishop on Marriage and Divorce,§ 415.) By the Roman law, then was no A. unless the woman was married, and the same was the rule in Athens. It was in this limited form also that A. was recognized by the Mosaic law. By the canon law, the husband and wife were placed on the same footing; and this view has been adopted by all the nations of modern Europe. In the American state of New Jersey, it has been decided that a married man does not commit this crime in having connection with an unmarried woman. (Bishop, ibid.) But such has not been the prevalent doctrine even in America; and it has never been doubted that the offense necessary to found the sentence of divorce is committed by unlawful sexual intercourse equally whether the particeps erirninis were married or single. A. was recognized as a crime even before Moses (Gen.
xxxviii. 24). and it is probable that in affixing to it the punishment of death (Lev. xx. 10). he followed the prevailing custom. A very remarkable law was introduced for the trial of A. by causing the woman suspected to drink the bitter waters of jealousy (Numb. T. 20). In Rome, the Julian law, enacted in the time of Augustus (17 n.c.) revised the previous legislation on the subject, and imposed special penalties, consisting of forfeiture of goods and banishment, both on the adulteress and the paramour. The husband, in certain cases, was permitted to kill the latter, and the father might sometimes kill both. A constitution of Constantine, the authenticity of which has been doubted, made I. a
capital offense on the man's part. Whatever Constantine's law was, it was confirmed by Justinian, who further condemned the wife to be whipped, and imprisoned in a con vent for tile rest of her days, unless relieved by her husband within two years (Nose!, 134, c. 10). The offense was visited in Athens with punishments closely resembling those of the earlier Roman legislation. In many continental countries, A. is still treated as a criminal offence, but in none of them does the punishment now exceed imprison ment for a limited period, which is frequently accompanied with a fine. Lord Coke says that by the law of England in early limes, A. was punished by fine and imprison ment (3 Inst. 300). During the Commonwealth, it was made a capital offense (&obel's Acts, part ii., p. 121); but this law was not confirmed at the Restoration. In Scotland, the records of the court of justiciary show that capital punishment was frequently- in flicted. At the present day it is punishable in Great Britain only by ecclesiastical cen sure; and even this may be regarded as in desuetude. But when committed by the wife, it was regarded as a civil injury, and, till the passing of the stat. 20 and 21 Viet. c. 85 and 59, formed the ground of an action of damages for criminal conversation (commonly known as an action of trim, eon.) by the husband against the paramour. No corre sponding action was competent to the wife, either in England or America; and her only remedy consisted in obtaining a separation or divorce. In Scotland, A. forms at ground for dissolution of the marriage, at the suit of the injured party. See SEPARA TION, DIVORCE.