TURPETH MINERAL. 



TWELVE TABLES. 



456 



This article u scarce in a pure lUto, it being mixed largely with 

 Venice turpentine, and indeed in many instance* altogether supplanted 

 by that article. It was greatly ecteemed by Hippoorate* ; and in the 

 pneent day U chewed by the inhabitant* of Turkey, Persia, Ac., at 

 mutic is, to sweeten the breath. But it likewise improves the 

 digestion, having a very beneficial influence on the secretions of 

 relaxed mucous membranes. Hence it is useful in chronic catarrh, 

 both of the lungs and genito- urinary organs. For the Utter it U 

 advantageously combined with sulphate of sine. 

 TURPETH MINERAL. [KnoUBT. Biiulpkalt of mereury.] 

 TUSCAN ORDER. [COLUMN ; ROMAN ARCHITECTURE.] 

 TUSCAN SCHOOL OF PAINTING. [PAINTING.] 

 TUSSILAOO FARFAKA (Coltsfoot), a perennul plant belonging to 

 the order of compound plants, common in damp, clayey fields, road- 

 aides, and the banks of rivers, the yellow flowers of which are seen in 

 spring preceding the nearly heart-shaped, smooth-toothed leaves, which, 

 from their resemblance to a young hone's hoof, have received the 

 popular name of coltsfoot. The whole plant is nearly devoid of odour. 

 The root has a styptic bitter taste ; the leaves and flowers are bitter 

 and mucilaginous. The chief constituents are mucilage, bitter extrac- 

 tive, tannic acid, colouring-matter, salts, and wood; fibre. The watery 

 infusion becomes of a dark green and turbid appearance on the addition 

 of a solution of sesquichloride of iron. Its properties may easily be 

 inferred from the above statement; they are demulcent, slightly 

 astringent, tonic, and expectorant Its name both in Greek (/iijxior) 

 and in Latin proves the estimation in which it was held as a means of 

 relieving cough a reputation which it does not maintain in modern 

 times among professional observers, except a very few ; but with the 

 vulgar it is still in great esteem. The young leaves make a wholesome 

 salad in early spring. The ancients smoked it rather than used it in 

 any other form ; and in the north of Europe, and even with our own 

 vulgar, this mode is employed, what is sold under the name of British 

 Herb Tobacco being chiefly coltsfoot. This at least is harmless ; not 

 so the nostrum called Essence of Coltsfoot, which is a combination of 

 tml**"* of tolu, compound tincture of benzoin, with a large quantity of 

 rectified spirit of wine, and not a particle of the substance from which 

 it takes its name. In chronic coughs accompanied by much local or 

 general irritation, still more in genuine tubercular consumption, such 

 beating ingredients must be very hurtful ; though a plain decoction of 

 real coltsfoot would be unobjectionable, and might be beneficial. The 

 leaves of coltsfoot form, when moistened with warm water, an excellent 

 emollient poultice. 

 TUTANIA. [BRITANNIA METAL.] 

 TUTELA. [TUTOR.] 

 TUTENAG, an alloy used in China in the manufacture of the gong. 

 It is white, resembling silver in appearance, and is very sonorous when 

 struck. Its specific gravity was found by Dr. Fyfe to be 8'432 ; it in 

 susceptible of a fine polish, and does not readily tarnish ; at common 

 temperatures, and even at a red heat, it is malleable, but when heated 

 to whiteness it is rendered brittle. 



It has been analysed by Dr. Fyfe, who found it to consist of 



Copper 40-4 



Zii.o 25-4 



NUkcl 31-6 



Iron 2-0 



100- 



It may therefore be regarded as a kind of German silver. 



TUTOR. By the Roman law a male under the age of fourteen, and 

 a female under the age of twelve, were called Impuberes. A male who 

 was impubes was incapable of doing any legal act by which he might 

 be injured ; his property was under the care of a tutor, who was so 

 called from his office of defending or protecting (tuendo) the impubns 

 in the transactions which were necessary for the administration of his 

 property. The office of the tutor was tutela ; and the impubes, who 

 with respect to his tutor was called pupillus, was said to be in tutela, 

 in tutelage. The tutor's business was to manage the property of his 

 pupillus, and to add to hU acts the legal sanction (auutoritas). The 

 tutor's office as tutor wss confined to the property of his pupillus, who, 

 a* to his person, was under the care (custodia) of his mother, if he 

 had one ; if not, we must suppose that the tutor would souiutiim 

 have the care of hu person also. When the pupillus attained the age 

 of puberty, he had the capacity of contracting marriage, and of doing 

 other legal acts, and was freed from the control of his tutor. But 

 though the law gave full legal capacity to the pupillus on his attaining 

 puberty, it sttll gave him some further protection until he was twenty 

 five years of age. [CURATOR.] 



A father could appoint by testament a tutor for bis male children 

 who were iinpuberes and in his power ; he could also appoint a tutor 

 for females who were in his power, even if they had attained puberty. 

 He could also appoint a tutor for the wit* of a son, who was in his 

 power, and for his grandchildren, unless by his death they should 

 come into the power of their father. A man could also appoint a tutor 

 for his wife, who was in maim, for she stood to him in the legal 

 relation of a daughter; and he could also give her the power of 

 choosing a tutor. The origin of this testamentary power was probably 

 immemorial custom, which was confirmed >>y the Twelve Tables. 



Tutors thus appointed were called dativ! : those who were chosen by * 

 wife under a power given by the husband were tutores optivL If 

 testator appointed no tutor, the tutela was given to the nearest agnati 

 by the Twelve Tables : such tutores were legitimi. If there were no 

 agnati, the tutela belonged to the Oentiles su long as that part of the 

 law (Jus Gentilitium) remained in force. ^ i a th.ro was no person 

 appointed tutor, and no legitimus tutor existed, a tutor was Appointed 

 for persons at Rome under the provisions of a Lex Atilia, :i: 

 persons in the provinces under the provisions of a Lex Julia et 

 Titia. 



Though a pupillus could not do any legal act which should be to hu 

 injury, he could enter into contracts which were for his benefit. The 

 tutors office was defined to consist in doing the necessary acts for the 

 pupillus, and interposing or adding the legal authority to his proper 

 acts (negotia gerere et auctoritatem interpouere : Ulpiaui, ' Frag.,' tit. 

 XL, s. 25). The doing of the necessary acts applied to the case of the 

 pupillus being infans, that is, under seven years of age, absent, or 

 lunatic (f uriosus). When the pupillus ceased to be infans, he could 

 do many acts himself, and the auctoritas of the tutor was only neces- 

 sary to make them legal acts. 



A tutor might be removed from his office if he misconducted him- 

 self in it. The pupillus had also an action against him for mismanage- 

 ment of his property. The tutor was allowed all proper costs and 

 expenses incurred by him in the management of the affairs of the 

 pupillus ; and he could recover them by action. Security was required 

 by the prator from a tutor for the due management of the aflaira of a 

 pupillus. unless he was a testamentary tutor, for such tutor was 

 chosen by the testator, and, generally, unless he was appointed by 

 a magUtrutua, for in such case he had been selected as a proper 

 person. 



The tutela of women who were puberes was a }>eculiar Roman 

 institution, founded on the maxim that a woman could do nothing 

 without the nuctoritas of a tutor. But there was this difference 

 between the tutela of pupilli and of women who were puberes : in the 

 case of pupilli the tutor both did the necessary acts, particularly when 

 the pupillus was infans, and gave his auctoritas ; in the case of women 

 who were puberes, the tutor only gave his auctoritaa. 



The Vestal virgins, in virtue of their office, were exempted from 

 tutela. Both libertimo and ingemue were exempted from it by 

 acquiring the Jus Liberorum, which was conferred by the Lex Julia et 

 Papia Poppxa on women who had a certain number of children. The 

 tutela of a woman was terminated_on her marriage, by which she came 

 in manuin viri ; and also by other means. 



A woman had no right of action against her tutor as such, for he did 

 not do any act in the administration of her property ; he only gave to 

 her acts their legal validity by his auctoritas. 



TUTTY. [Zisc.] 



TWELVE TABLES. The Roman writers speak of the Twelve 

 Tables under various names : they call them Leges Decemvirales, 

 Leges XII. Tabularum, sometimes simply Lex, the Law, as being pre- 

 rmiiiently the foundation of Roman Law ; and by other p*ma. After 

 some struggle between the patricians and the plebs, the story runs 

 that a plebiscitum was passed (B.C. 454) with the assent of the senate, 

 in pursuance of which three commissioners were sent to Athens and 

 other Greek states to inquire about their legislation, that the commis- 

 sioners returned in B.C. 452, and that in the following year ten patricians 

 (Decemviri) were appointed to draw up a code of laws, whence the 

 name Leges Decemvirales. The Decemviri, at the head of whom was 

 Appius Claudius, formed a code of Ten Tables, which were approved 

 by the senate, and received the final sanction of the Comitia Curiata. 

 The code being considered defective, Decemviri were again elected 

 (B.C. 450), and two more tables were added, whence the name Twelve 

 Tables. The laws were cut on tablets of bronze and set up in a public 

 place : they were not promulgated till B.C. 441), after the overthrow of 

 the Decemviri, who had attempted to perpetuate their power against 

 the terms of their appointment. 



It is impossible to ascertain from the scanty history of the Decem- 

 viral legislation how far the story of this mission to Greece is true. 

 It is very doubtful whether the codes of the Greeks at all affect 

 the first Roman attempt to form a system of law, but it may safely 

 be assumed that the basis of the Decemviral code rested on the cus- 

 tomary law of the Romans, and that except in those few general 

 features in which all early codes of law bear resemblance to one 

 another, the Human Decemviral code is one and distinct. It is said 

 that the Twelve Tables perished in the destruction of the city by the 

 Gauls, but there appears to have been no difficulty in reconstruct- 

 ing the tables. No Roman writer suggests any doubt of their 

 genuineness. 



The Twelve Tables are called by Livy (iii. :;ii, "Fans public! 

 privatique juris " the source of Public and Private Law, according 

 to a division of the matter of law which was familiar to the Romans. 

 That part which concerned the Jus Publicum, which bears some 

 analogy to our term constitutional law, was changed in the course of 

 time ; but the Jus Privatum, which determined thu rights and duties 

 of the citizens, was never formally repealed, and only so far modified as 

 it was affected by the ahangei in circumstances by which some of the 

 laws of the Twelve Tables fell into dcsuutude, and by the gradual 

 growth of the Jus Protoriuin. In courac of time the language of the 



