The Republic. R 0 
4. Si morbus, os vitas ve, vitium escit, quin jus vocabil, 
jumentum dato. Si nolef, arceram ne sternito.—-He whom 
to call to justice, be afflicted with disease, age, or infirmity, 
let him be carried in a jumentum (an open carriage). But 
if he refuse that, you are not obliged to provide him an 
arcera (a covered carriage). 
5. Si ensiet, qui in jus vocatum vindicit, mi tito (mittito). 
—If there beany one who will be answerable for the person 
cited, let the latter depart. 
6. Asiduo asiduus esto. Proletario, cui qui volet, vindex 
esto.—Only a rich man shall be security for a rich man. 
But any security shall be sufficient for one of the proletarii. 
7. Endo via, remuti paicunt orato.—The judge shall give 
judgment according to the agreement made between the two 
.parties by the way. (This obscure law implies, we should 
conceive, that if the parties had agreed to admit the private 
arbitration of the judge, no public trial was necessary). 
8. N’ita paicunt, in comitio, aut in foro, ab ortu ad me¬ 
ridiem, causam conscito cum perorant ambo praesentes.—If 
the person cited has made no agreement with his adversary, 
let the cause be heard in the forum or comitium, from sun 
rising till noon; and let both parties be present when it is 
heard. 
9. Post meridiem praesenti stlitem addicito.—Let the judg¬ 
ment be given in the afternoon, though but one of the parties 
be present 
10. Sol occasus suprema tempestas esto.—Let all trials be 
ended (or postponed) at the going down of the sun. 
11. Vades subvades— extra quam si morbus Sonticus-— 
Votum, absentia reipublicie ergo, aut status dies cum hoste 
intercedat: namsi, quid horum fuat judici, arbitrove, reove, 
unum, eo die defensus, esto.—Let him who does not appear in 
court, pay the penalty, unless he be hindered by some great 
fit of sickness, or by the performance of some vow, or by 
business of the republic’s, or by some engagement with an 
enemy. If any one of these inipediments be made to appear 
to the judge or arbritrator, or either of the parties, let the 
hearing be put off till another day. 
Cui testimonium defuerit, is tertiis diebus, obportum, ob- 
vagulatum ito.—If any one wanteth witnesses, let him pro¬ 
claim the same for three days at the gate (of the city, or 
according to some civilians, of his opponent’s house). 
Table II.— Of Robberies. 
1. Si nox furtum faxit, si im aliquis occisit, jure census 
esto.—He that is attacked by a robber in the night, let him 
not be punished if he kills him. 
2. Si luci furtum faxit, si im aliquis endo ipso capsit, 
verberator, illique cui furtum factum escit, addicitor. Servus 
virgis caesus saxo dejicitor. Impubes, praetoris arbitratu 
verberator, noxiamque decernitor.—If robbing be committed 
in the day, and if the robber be taken in the fact, let him 
be beaten with rods and become his slave 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 capitol. If 
he be a child, under the age of puberty, let him be cor¬ 
rected, according to the praetor’s discretion, and let reparation 
be made to the injured party. 
3. Si se telo defensit, quiritato, endoque plorato, post 
deinde, si caesi escint, se fraude esto.—When a robber attacks 
any person with arms, if the person attacked has cried out, 
and called for help, he shall not be punished if he kills the 
robber. 
4. Si furtum lancelicio que conceptum escit, uti manifestum 
vindicator.—When upon a legal search, any stolen goods 
are found in an house, the robbery shall be punished as if 
openly and publicly committed. 
5. Si adorat furto, quod uec manifestum escit, duplione 
decidito.—For robberies committed privately, the robber 
shall pay double the value of the things stolen. 
6. Si injuria alienas arbores cassit, in singulas 25 seris 
luito.—Whosoever shall cut down another’s trees, shall pay 
25 asses of brass for each tree (according to some, for every 
foot of timber so felled). 
Vol. XXII. No. 1496. 
M E. The Republic. 229 
7. Quifrugem aratro quaesitam furtim nox pavit, secuit ve, 
suspensus cereri necator. Impubes praetoris arbitrip verbera¬ 
tor noxiam ve duplione decernito.—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 it 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 
done. 
8. Si pro fure damnum decisum escit, furti ne adorato.—. 
If a robber and the person robbed agree together upon terms 
of restitution, no farther action shall lie against the robber. 
9. Furtivae rei aeterna auctoritas esto. Ad versus hostem 
aeterna auctoritas esto.—Prescription shall never be pleaded 
as a right to stolen goods, noi shall a foreigner have a right 
to the goods of any Roman citizen by the longest pos¬ 
session. 
10. Si quid endo deposito, dolo malo factum escit, dupli¬ 
one luito.—If any one betrays his trust with respect to what 
is deposited in his hands, let him pay double the value of 
what was so deposited, to him who entrusted him with it. 
11. Si vindiciam falsam tulit Praetor rei sive stlitis arbi- 
tros tris dato. Eorum arbitrio fructi duplione decidito.—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 
praetor nominate three arbitrators to judge of it, and let the 
wrongful possessor pay double what he has gained by detain¬ 
ing them. 
12. Si servus sciente domino, furtum faxit, noxiamve 
noxit, noxae dedito.—If a slave has committed a robbery, or 
done a damage, with the privity and at the instigation of his 
master, let the master deliver up the slave to the person in¬ 
jured, by way of compensation. 
Table III.— Of Loans, and the right of Creditors 
over their Debtors. 
1. Si quis unciario foenore amplius foenerassit quadrup- 
lione luito.—Let him who takes more than one per cent, 
interest for money, be condemned to pay four times the sum 
lent. 
2. iEris confessi, rebus que jure judicatis, 30 dies justi 
sunto post deinde manus injectio esto. In jus ducito.—When 
any person acknowledges a debt, or is condemned to pay it, 
the creditor shall give his debtor 30 days for payment of it: 
after which he shall cause him to be seized and brought before 
a judge. 
3. Ni judicatum facit, aut quips endo eo in jure vindicit, 
se cum educito, vincito, aut nervo, aut compedibus, 15 pondo 
ne majore, aut si volet minore vincito.—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 15 pounds; but it may be lighter if he pleases. 
4. Si volet suo vivito, ni suo vivit, qui eum vinctum 
habebit, libras farris endo dies dato : si volet plus dato.—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. 
5. Nicum eo pacit 60 dies endo vinculis retineto. Inter 
ibi trinis nundinis continuis in comitium procitato, serisque 
aestimiam judicati praedicato.—The creditor may keep his 
debtor prisoner 60 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 which is due. 
6. At si plures erunt rei, tertiis nundinis partes secanto. 
Si plus minus ve secuerint, se fraude esto; si volent, uls 
Tyberim peregre venundanto.—If the debtor be insolvent 
to several creditors, let his body be cut to pieces on the third 
market day. It may be cut into more or fewer pieces with 
impunity. Or, if the creditors consent to it, let him be sold 
to foreigners beyond the Tyber. 
It is surprising how the Romans could submit to this most 
horrible law. It is, however, consoling to humanity to know 
3 N that 
