Albeit in God’s sight there is no difference between bond and free, yet their condition is diverse as regards courts of justice; (70) nor do the same evil consequences ensue from adultery with a bond-maid, (as with a free woman.) (71) Notwithstanding, therefore, that the crime is worthy of death, still, in consideration of the people’s infirmity, the punishment is mitigated, so that, if a person shall have corrupted a betrothed bond-maid, both shall be scourged. (72) From hence we infer that, if a concubine, who had already cohabited with a man, were seduced, it was accounted a capital adultery. Lest it should be falsely held, from the lenity or indulgence of the law, that the offense was a trifling one, this error is at once anticipated by the addition of the expiation: for, if one already beaten with stripes still required reconciliation, it follows that the measure of the offense is not to be estimated by its penalty.

Continues after advertising
Continues after advertising