Page images

XI. Law. When the parties have pitched upon a judge or arbitrator by consent, let them give securities that they will appearLet him who does not appear in court, pay the penalty agreed upon, unless he was hindered by some great fit of sickness, or by the performance of some vow, or by business of state, or by some indispensable engagement with a foreigner. If any one of these impediments happen to the judge or arbitrator, or either of the parties, let the hear" ing be put off to another day. XII. Law. Whoever shall not be able to bring any witnesses to prove his pretensions before the judge, may go and make a clamour for three days together, before his adversary's house.


OF ROB Beries. I. Law. He that is attacked by a robber in the night, let him not be punished if he kills him. II. Law. If the robbery be committed by day, and if the robber be taken in the fact, let him be beaten with rods, and become the slave of him whom he robbed. If the robber be a slave already, let him be beaten with rods, and thrown down headlong from the top of the oapitol. If he be a child, under the age of puberty, let him be corrected, according to the Praetor's discretion, and let reparation be made to the injured party. III. Law. When robbers attack any person with arms, if the person attacked has cried out for help, he shall not be punished if he kill the robbers. IV. Law. When upon a legal search any stolen goods are found in a house, the robbery shall be punished upon the spot, as if openly and publickly committed. V. Law. For robberies committed privately, the robber shall be Atondemned to pay double the value of the things stolen. VI. Law. Whosoever shall cut down trees, which do not belong to him, he shall pay 25 Asses of brass, for every tree so felled. VII. Law. If any one comes privately, by night, and treads down another man's field of corn, or reaps his harvest, let him be hanged up, and put to death, as a victim devoted to Ceres. But if he be a child, under the age of puberty, let the Praetor order him to be corrected as he shall think fit, or let double satisfaction be made for the damage he has done.

VIII. Law. If a robber and the person robbed agree together upon terms of restitution, no farther action shall lie against the robber. IX. Law. Prescription shall never be pleaded as a right to stolen goods, nor shall a foreigner have a right to the goods of any Roman citizen, by the longest possession. X Law. If any one betrays his trust, with respect to what is depesited in his hands, let him pay double the value of what was so deposited, to him who entrusted him with it. XI. Law. If any one finds any of his goods in another man's possession, who became possessed of them by a breach of trust, let the Prætor nominate three arbitrators to judge of it. And let the wrongful possessor pay double the value of what he has gained by detaining them. XII, Law. If a slave has committed a robbery, or done any damage, with the privity, and at the instigation of his master, let the master deliver up the slave to the person injured, by way of compensation.



I. Law. Let him who takes more than one per Cent. interest for money, be condemned to pay four times the sum lent. II. Law. When any person acknowledges a debt, or is condemned to pay it, the creditor shall give his debtor thirty days for the payment of it: After which he shall cause him to be seized, and brought before a Judge. III. Law. If the debtor refuses to pay his debt, and can find no security, his creditor may carry him home, and either, tie him by the neck, or put irons upon his feet, provided the chain does not weigh above fifteen pounds; but it may be lighter, if he pleases. IV Law. If the captive debtor will live at his own expence, let him; if not, let him who keeps him in chains allow him a pound of meal a day, or more, if he pleases. * * V. Law. The creditor may keep his debtor prisoner for sixty days. If in this time the debtor does not find means to pay him, he that detains him shall bring him out before the people three market-days, and proclaim the sum, of which he has been defrauded. VI. Law. If the debtor be insolvent to several creditors, let his bcdy be cut in pieces on the third market-day. It may be cut into more or fewer pieces with impunity: Or, if his creditors consent to it, let him be sold to foreigners beyond the Tišer.



i. Law. Let a father have the power of life and death over his legitimate children, and let him sell them when he pleases. * .

II. Law. But if a father has sold his son three times, let the son thenbe out of his father’s power. -

III. Law. If a father has a child born, which is monstrously deformed, let him kill him immediately. IV. Law. Let not a son, whose father has so far neglected his education as not to teach him a trade, be obliged to maintain his father in want; otherwise let all sons be obliged to relieve their fathers.

V. Law. Let not a bastard be obliged to work to maintain his father.

TABLE v. "


I. Law. After the Death of a father of a family, let the disposition be made of his estate, and his appointment concerning the guardianship of his children be observed. • II. Law. If he dies intestate, and has no children to succeed him, let his nearest relation be his heir; if he has no near relation, let a man of his own name be his heir. * III. Law. When a freed-man dies intestate, and without heirs, if his patron be alive, or has left children, let the effects of the freedman go to the family of his patron. IV. Law. After the death of a debtor, his debts shall be paid by his heirs, in proportion to the share they have in his inheritance. After this they may divide the rest of his effects, if they please, and the Praetor shall appoint three arbitrators to make the division. V. Law. If a father of a family dies intestate, and leaves an heir under age, let the child’s nearest relation be his guardian. VI. Law. If any one becomes mad, or prodigal, and has no-body to take care of him, let a relation, or if he has none, a man of his own name, have the care of his person and estate.

. . . .TABLE VI.

of PRoPERTY AND possession.

I. Law. When a man conveys his estate to another, let the terms of the conveyance create the right. - -

II. Law. If a slave, who was made free on condition of paying a certain sum, be afterwards sold, let him be set at liberty, if he pay the person who has bought him, the sum agreed upon.

III. Law. Let not any piece of merchandize, though sold and delivered, belong to the buyer, till he has paid for it.

IV. Law. Let two years possession amount to a prescription for lands, and one for moveables. V. Law. In litigated cases the presumption shall always be on the side of the possessor: And in disputes about liberty or slavery, the presumption shall always be on the side of liberty.


. . ." OF TRESPASSES AND DAMAGES.. I. Law. If a beast does any damage in a field, let the master of the beast make satisfaction, or give up his beast. II. Law. If you find a rafter or a pole which belongs to you, in another man's house or vineyard, and they are made use of, do not pull down the house, or ruin the vineyard; but make the possessor pay double the value of the thing stolen; and when the house is destroyed, or the pole taken out of the vineyard, then seize what's your own. III. Law. Whoever shall maliciously set fire to another man’s house, or an heap of corn near his house, shall be imprisoned, scourged, and burnt to death. If he did it by accident, let him repair the damage: And if he be a poor man, let him be slightly corrected. IV. Law. Whoever shall deprive another of the use of a limb, shall be punished according to the law of retaliation, if the person injured does not agree to accept some other satisfaction. V. Law. If he has only dislocated a bone, let him pay three hundred pounds of brass if the sufferer be a freed-man, and a hundred and fifty if he be a slave. VI. Law. For common blows with the fist, and injurious words, the punishment shall be twenty-five Asses of brass. VII. Law. Whoever slanders another by words, or defamatory verses, and injures his reputation, shall be beaten with a club. VIII. Law. Let him who has once been a witness, and refuses to bcar witness again, though a public person, be deemed infamous, and Amade incapable of bearing witness any more. IX. Law. Let every false witness be thrown down headlong from the Capitol. * * *


X. Law. Whoever shall wilfully kill a freed-man or shall make use of magical words to hurt him, or shall have prepared poison for him, or given it to him, shall be punished as an homicide. . .

XI. Law. all Parricides be thrown into the river, sewed up in a

leather bag, and with their heads veiled.

XII. Law. The guardian who manages the affairs of his ward ill, shall be reprimanded; and if he be found to have cheated him, he shall restore double. -.

XIII. Law. A patron who shall have defrauded his client, shall be execrable.


OF ESTATES IN THE COUNTRY. I. Law. Let the space of two foot and an half of ground be always left between one house and another. II. Law. Societies may make what by-laws they please among themselves, provided they do not interfere with the public laws. III. Law. When two neighbours have any disputes about their bounds, the Praetor shall assign them three arbitrators. IV. Law. When a tree planted in a field does injury to an adjoining field by its shade, let its branches be cut off fifteen feet high. V. Law. If the fruit of a tree falls into a neighbouring field, the owner of the tree may go and pick it up. VI. If a man would make a drain, to carry off the rainwater from his ground to his neighbour's, let the Praetor appoint three arbitrators, to judge of the damage the water may do, and prevent it. VII. Law. Roads shall be eight feet wide, where they run strait, and where they turn, sixteen. VIII. Law. If a road between two fields be bad, the traveller may drive through which field he pleases. - - w

[ocr errors][merged small]

OF THE COMMON RIGHTS OF THE PEOPLE. I. Law. Let not privilege be granted to any person. II, Law. Let both debtors who are got out of slavery, and stran

gers who have rebelled, and returned to their duty, be restored to

their ancient rights, as if they never offended.

« PreviousContinue »