ADULTERY (Lat. Mu/ter/um, the violation of another's bed, from ad, to ± alter, other). "The voluntary sexual intercourse of a married person with a person other than the offender's husband or wife." By the canon law, the lips band and wife were placed on the same footing; and this view has been adopted by all the nations of modern Europe. In America it has never been doubted that the offense necessary to found the sentence of divorce is committed by unlaw ful sexual intercourse equally whether the par ticeps eriminis were married or single. In Rome, the .Tulian law, enacted in the time of Augustus (17 ts.c.), revised the previous legislation on the subject, and imposed special penalties, consist ing of forfeiture of goods and banishment, both on the adult dross and the The hus band, 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 adultery a capital offense on the man's part. Whatever Constantine's law was, it was confirmed by Jus tinian, who further condemned the wife to be whipped, and imprisoned in a convent for the rest of her days, relieved by her husband within two years (,Vogel. 131, e. 10). The offense was visited in Athens with punishments closely resembling those of the earlier Roman legislation. In 111:111y Continental countries adul tery is still treated as a criminal offense, but in none of them does the punishment now cxeeed imprisonment for a limited period, which is fre quently accompanied with a tine. Lord Coke says that by the law of England in early times adultery was punished by fine and imprisonment.
During the it was made a eapital offense, but this law was at the Restoration. In Scotland the records of the Court of Justiciary show that capital punishment was frequently inflicted. At the present day it is punishably in Great Britain only by ecclesi astical censure, and even this may be regarded as in desuetude. But when cOnuuit ed by the wife it was regarded as a civil injury, and, till the passing of the slat. 20 and 21 Viet., e. S5 and 59. formed the ground of an action of dam ages for eriminal conversation (commonly known as an action of criers. con.) by the husband against the paramour. No corresponding action was competent to the wife. either in England or America, until recently, and her only remedy consisted in obtaining a separation or divorce. In some of the United States adultery is made eriminal by special law; in some the act itself is not a crime, hut open and continued adultery, amounting to a public nuisance, is. Some stat utes define the crime, some only state the pun ishment: and this leaves a wide margin for interpretation by eonrts, giving rise to great diversity of opinions and decisions. Some hold that if only one of the parties be married, the other does not commit criminal adultery; some that a married man with a single woman does not commit criminal adultery, because the act cannot impose spurious issue on a husband or wife. See DIVORCE, and t he authorities there referred to.