ADULTERY, a violation of conjugal faith by c•imi nal 11 itCITOU rSe Nvitli any person, either married or gle. When an unmarried person is one of the ing parties, he is supposed 10 be equally guilty of this emus .
nations have considered the criminality of adul y to consist merely in giving away what belonged tv another, without his consent ; and that, if committed by mutual agreement, the action was rendered innocent. Thus the Spartans, so far from considering it as a crime, or as an affront upon the husband, allowed the same liberties to be tat:, n with their own wives, which they took with those of their neighbours; and even offered them to strangers as a token of respect. This, however, was confined entirely to the husband. Infidelity in the female sex was unknown in Sparta, and the laws of Ly curgus make no mention of such a crime. In some parts of India, the inhabitants surrender their wives and daughters to the embraces of a stranger, and look upon it not only as innocent, but praiseworthy, and the surest pledge they can give of their hospitality and friendship. In other places, an elephmt is the stipulated price for which a wife is permitted to prostitute herself; and the woman thinks it no small honour to be rated so high. Among the Mingrelians, a hog is regarded as a suffi cient compensation to the injured husband.
At Calabar, in Guinea, the female offender is tied firmly under an ant's nest which hangs in the trees, and is bigger than a bushel. The nest is then shaken down upon her with a pole, and she is kept in this position for about half an hour, till she is almost stung to death. She is then carried to a fire, where her back is cut with ten gashes, as marks by which she may be known. If she offends a second time, she is sold by her husband. Sec Osborne's Voyages, vol. ii. p. 517.
Most civilized nations have looked upon adultery, in every form, as a crime of a very heinous nature, and de serving of severe punishment: And when we reflect upon the miserable consequences, which naturally re sult from a violation of conjugal fidelity, we cannot but feel that just indignation, which has, in all ages, been excited against this invasion of domestic happiness.
The various punishments, which were inflicted upon adulterers in former times, show us, that the ancients had jester ideas of this crime, than those which prevail at present. By the Jewish law, adultery, in either sex,
was punished with death ; and we learn from Strabo, that the same punishment prevailed in Arabia Felix.
In Greece, adultery was regarded as a stain upon the husband's honour, that could only be effaced by the se verest punishment, or the death of the offenders. Ac cording to Pausanias, Hyettus, an inhabitant of Argos, was the first who instituted laws against this crime. Having slain Molurus, his wife's paramour, he fled to Orchomenus, a city of Becotia. Being kindly received by the king, who bestowed upon him a part of his terri tories, he built the city Hymns, and decreed severe punishments against adulterers. 'We find in Homer, that adulterers were stoned to death. Thus Hector, when charging this crime upon Paris, says: Aravov El'' XI? COM SCLLY.C.17 oT.-c-a For these your crimes you had been stoned to dcathm.
At Athens, by the laws of Draco and Solon, adulterers, caught in the act, were at the mercy of the offended par ty, who might inflict upon them an arbitrary punishment. But, contrary to the practice of all modern lawgivers seduction, in such canes, was considered a greater crime than violence; li., if the wile was compelled by force, the husband could only demand a pecuniary line, at the discretion of the judges. Rich men, however, were sometimes allowed to redeem themselves, even in cases of seduction, by paying a heavy fine to the injured hus band. Adulteresses, in Greece, were ever alter looked upon as polluted and infamous; they were prohibited from entering the temples, and appearing in fine gar ments. The Locrians deprived adulterers of their eyes. This punishment was strictly enjoined by their lawgiver Zeleucus, who set them a remarkable example, by pas sing -sentence upon his own son. The young man was beloved by the people, who earnestly implored Zelcu cus to pardon him. The father, deal to their entreaties, show ed them, that he regarded adultery as a crime which ought not to be forgiven, and yielded so far as to redeem one of his son's eyes by the loss of one of his own.