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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. et 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, hall 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. '.aw. Societies may make what by-laws they please among themselves, provided they do not interfere with the public laws. III. 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 aw. If a man would make a drain, to carry off the rainwater from his ground to his neighbour's, let the Proctor 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.


* of THE coof Mon RIGHTS of THE PEOPLE.

H. Law. Let not privilege be granted to any person.

II. aw. Let both debtors who are got out of slavery, and strangers who have rebelled, and returned to their duty, be restored to their ancient rights, as if they never offended.

III. Law. It shall be a capital crime for a judge or arbitrator to take money for passing judgment. IV. Law. Let all causes, relating to the life, liberty, or rights of a Roman citizen, be tried only in Comitia by Centuries. V. Law. Let the people appoint Quaestors, to take cognizance of all capital cases. VI. Law. Whoever shall hold seditious assemblies in the city by night, shall be put to death. VII. Law, Let him who shall have solicited a foreigner to declare himself against Rome, or shall have delivered up a Roman citizen to a foreigner, lose his life. VIII. Law. Let only the last laws of the people be in force, [i. e. let the last supercede all former ones, in the same case made and provided.}



F. Law. Let no dead body be interred, or burnt within the city. II. Law. Let all costliness and excessive wailings be banished from funerals. III. Law. Let not the wood, with which funeral piles are built, be cut with a saw. - IV. Law. Let the dead body be covered with no more than three Tabits, bordered with purple ; and let no more than ten players upon the flute be employed in celebrating the obsequies. V. Law. Let not the women tear their faces, or disfigure themselves, or make hideous outcries. VI. Law. Let not any part of a dead body be carried away, in order to perform other obsequies for the deceased, unless he died in war, or out of his own country. VII. Law. Let no slaves bê embalmed after their death; let there be no drinking round a dead body; nor let any perfumed liquors be poured upon it. VIII. Law. Let no crowns, festoons, perfuming-pots, or any kind of perfume, be carried to funerals. IX. Law. If the deceased has merited a crown in the public games, by any exploit of his own, or the expertness of his slaves, or the swiftness of his horses, let his panegyrick be made at his funeral, and let liis relations have leave to put a crown upon his head, as well during the seven days he remains in the house, as when he is carried to be buried. X Law. Let no man have more than one funeral made for him, or than one bed put under him. XI. Law. Let no gold be used in any obsequies, unless the jaw of the deceased has been tied up with a gold thread. In that case the corps may be interred or burnt with the gold thread. o XII. Law For the future, let no sepulchre be built, or funeral pile raised, within sixty feet of any house, without the consent of the owner of the house. - XIII. Law. Prescription shall never be pleaded against a man's right to his burial-place, or the entrance to it.

TABLE XI. , - *

of TH+ worship of the GoDs. AND of RELIGIox. I Law. Let all persons come with purity and piety to the assemblies of religion, and banish all extravagance from thence. If any 'one does otherwise, may the Gods themselves revenge it. II. Law. Let no person have particular Gods of his own; or worship any new and foreign ones in private, unless they are authorised Thy publick authority. III. Law. Let every one enjoy the temples consecrated by his forefathers, the sacred groves in his fields, and the oratories of his Lares. And let every one observe the rites used in his own family, and by his ancestors, in the worship of his domestic Gods. IV. Law. Honour the Gods of Heaven, not only those who have always been esteemed such, but those likewise whose merit has raised them thither, as Hércules, Bacchus, AEsculapius, Castor, Pollux, and Romulus. - V. Law. Let those commendable qualities, by which heroes obtained Heaven, be ranked among the Gods, as Understanding, Virtue, Piety, Fidelity; and let temples be erected to them. But let no worship ever be paid to any vice. VI. Law. Let the most authorised ceremonies be observed. VII. Law. Let law-suits be suspended on festivals, and let the slaves have leave to celebrate them after they have done their work. That it may be known on what days they fall, set them be set down in the calendars. VIII. Law. Let the Priests offer up in sacrifice to the Gods, on certain days, the fruits of the earth, and berries: And on other days

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abundance of milk, and young victims. For fear this ceremony should be omitted, the Priests shall end their year with it. Let them likewise take care to chuse for every God the victim he likes. Let there be priests appointed for some Gods, Flamines for others, and Pontifices to preside over them all. IX. Law. Let no woman be present at the sacrifices which are of. fered up in the night, except at those which are made for the people,

with the usual ceremonies. Nor let any one be initiated in any mys

teries brought from Greece, but those of Ceres. X Law. If any one steals what belongs, or is devoted to the Gods, let him be punished as a Parricide. XI. Law. Leave perjury to be punished with death by the Gods, and let it be punished with perpetual disgrace by men. XII. Law. Let the Pontifices punish incest with death. XIII. Law. Let every one strictly perform his vows: But let he wicked person dare to make any offerings to the Gods. XIV. Law. Let no man dedicate his field to the service of the altar; and let him be discreet in his offerings of gold, silver, or ivory. Let no man dedicate a litigated estate to the Gods: if he does, he shall pay double the value of it, to him whose right it shall appear to be. XV. Law. Let every man constantly observe his family-festivals. XVI. Law. Let him who has been guilty of any of those faults, which make men execrable, and are not to be atoned for by expiations, be deemed impious. Butlet the priests expiate such as are to be expiated.



I. Law. When a woman shall have cohabited with a man for a whole year, without having been three nights absent from him, let her be deemed his wife. II. Law. If a man catches his wife in adultery, or finds her drunk, he may, with the consent of her relations, punish her even with death. III. When a man will put away his wife, the form of doing it shall be by taking from her the keys of the house, and giving her what she brought. This shall be the manner of a divorce. IV. Law. A child born of a widow, in the tenth month after the decease of her husband, shall be deemed legitimate. V. Law. It shall not be lawful for the Patricians to intermarry with the Plebeians.

Faolt BKAver's 'FRANslATION of FERRIERE’s HIsroRy-Page 166.



As it is necessary in the first place, to know how to make use of the !. which we meet with in the books of the civil law ; and to nd out the several laws quoted by authors; I thought it my business to lay down some rules for that purpose The body of the civil law, as we said before, is composed of four parts, the digest, code, institutes and novels. of The laws of the digest, are generally quoted by the first word, and number of the law; for instance, Lege si quis tertia Digestis de jure codicillorum; sometimes the number only, or the first word of the law from whence the quotation is taken, is set down. When a law is divided into several paragraphs, after the number of the law, that of the paragraph, or the first word of it, is set down; for example, Lege 32. § 11. Digestis de donationibus inter virum et uxGrenz. Sometimes a law of a title in the digest, is quoted by the first word only, with the title, without mentioning whether it be out of the digest or code; and in that case, it is an indication that the law quoted is in the collection before spoken of ; that is, in the digest or code, according as they were before mentioned. The laws of the code, are quoted after the same manner as those of the digest. The paragraphs of the institutes, are quoted after the same manner as the laws of the digest or code; thus a paragraph of the institutes is quoted, by shewing the number, and mentioning the first word of the paragraph, or by either; but the title under which the paragraph is, must always be mentioned, as thus, paragrapho testes 15. Institution:bus, or else apud justinianum de testamentis ordinandis. The novels are quoted by their number, with that of the chapter and the paragraph : For example, Wavella justiniani, 185. Capite 2. Faragrapho 4 or else a Novel is quoted by the Collation, and by the Title, ohapter, and paragraph, after this manner, in Authentico, Collatione, 1. Titulo 1. Cap. 281. As to the Authenticks, they are quoted by the first words of them, af. ter which is set down the title of the code under which they are placed; for example, Authentica citm testator, Codice ad legem falcidiam. This being laid down, let is now see how we shall go about to find out a quotation in the body of the law. If the passage quoted is taken from the digest or the code, it will be best for beginners to turn to the alphabetical table of the titles, at the beginning of the body of the law; where having found the title mentioned in the quotation, they must then look in it for the law; by the number of first word. ' If the quotation is taken from the Institutes, they must likewise have recourse to the table of titles; and after having found the book in which it is, look after it there, and then the paragraph which is quoted.

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