Legal Definitions - adulterium

Adulterium is a Latin term from ancient Roman and civil law that refers to two related concepts:

• The legal offense of adultery, particularly when committed by a married woman. In this historical context, adultery was not merely a private marital issue but a serious public crime.
• The specific legal penalties or punishments that were imposed for committing this offense.

Here are some examples to illustrate the concept of adulterium:

• Example 1: The Crime Itself

  Imagine a scenario in ancient Rome where a prominent citizen, Lucius, discovers his wife, Cornelia, has been involved in a romantic relationship with another man. Under the prevailing Roman laws of the time, Cornelia's actions would constitute adulterium. This means her infidelity was not just a personal betrayal but a violation of public law, making it a criminal offense that could lead to formal legal proceedings.

  This example illustrates adulterium as the criminal act itself, highlighting how a married woman's infidelity was treated as a serious public legal matter in Roman society.

• Example 2: The Imposed Punishment

  Consider a case where a Roman court has found a married woman, named Julia, guilty of adulterium after a formal accusation and trial. As a consequence of this conviction, Julia might face severe legal penalties, such as forced divorce, exile from Rome, or the confiscation of a portion of her dowry or property. These specific legal repercussions represent the punishment aspect of adulterium.

  This demonstrates adulterium as the legal punishment imposed for the crime. It shows that beyond the act, there was a formal legal process leading to specific, often harsh, penalties under Roman law.

• Example 3: Historical Legal Distinction

  A historian studying Roman legal texts might analyze how the law distinguished between a husband's infidelity and a wife's. While a husband's extramarital affairs were generally viewed as a private family matter, a wife's infidelity was specifically classified as adulterium, a public crime that could be prosecuted in a criminal court. This distinction underscores the gendered nature of the offense in Roman law.

  This example clarifies the specific legal context of adulterium, emphasizing its application primarily to married women and its status as a public crime, distinguishing it from other forms of infidelity or private marital disputes in Roman law.