If an unknown stranger or person without property caught red-handed in the commission of a crime refused to submit to arrest, it was lawful to maim or slay him according to the magnitude of the attempted crime.
In the fortress of Monjuich in Barcelona were collected, not only rioters caught red-handed, but many othersnotably journalistswhose opinions were obnoxious.
Usually the story goes that a Danish pirate decided to sack the church and was caught red-handed.
Unless you've caught him or her red-handed in an affair, you may be setting your relationship up for failure when there is a possibility that nothing is going on.