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.
(70) “Quant aux jugemens terreins, et humains.” — Fr.
(71) Added from Fr.
(72) C. ’s Latin version and Commentary agree here with the margin of, A. V. rather than the text, “she shall be scourged;” margin, “there shall be a scourging.” Dathe ’ s translation is “vapulabunt ambo,” and his note, “sic Vulgatus recte, sequitur enim pluralis non moriantur. Cf. Michaelis in J. M. P. V., p. 50.”