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The Twelve Tables

TABLE XII. SUPPLEMENTARY LAWS

Paul R. (Paul Robinson) Coleman-Norton translation

1. [There shall lie] a levy of distress (pignoris capio)[69] against a person who has bought an animal for sacrifice and pays not the price; likewise against a person who makes not payment for that yoke-beast which any one has lent for this purpose, that therefrom he may raise money to spend on a sacred banquet (sacrifice).

2. If a slave shall have committed theft or shall have done damage … with his master's knowledge … the action for damages (actio noxalis) is in the slave's name. Arising from delicts committed by children and by slaves of a household … actions for damages (actio noxalis) shall be appointed, that the father or the master can be allowed either to undergo assessment of the suit (litis aestimatio) or to deliver [the delinquent] for punishment.[70]

3. If a person has taken [a thing by] a false claim,[71] if he should wish … the magistrate shall grant three arbitrators (arbiter); by their [adverse] arbitration (arbitrium) … [the defendant] shall compound for loss caused by [paying] double [damages from enjoyment of the article].[72]

4. It is forbidden to dedicate for consecrated use (in sacrum) any thing of which there is a controversy [about its ownership]; otherwise a penalty of double [the amount involved] shall be suffered.[73]

5. Whatsoever last the people have ordained, this shall be binding and valid (ius ratumque).[74]

UNPLACED FRAGMENTS

There are extant about a dozen fragments of whose place in the Twelve Tables we are ignorant. In nearly every instance these fragments consist of only one word or phrase, which later Latin antiquarians have preserved to illustrate an ancient spelling or to explain an archaic usage or to point a definition.

The longest fragment only is worth reproduction for the present purpose: To appeal from any judgement (inuicium) and sentence (poena) is allowed.[75]

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