230 The Republic. R O 
that it was never put in force, and that it was afterwards 
abolished. 
Table IV.—Of the Rights of Fathers of Families. 
1. Endo liberis justis jus vitae, necis, venundandique 
potestas, patri esto.—Let a father have the power of life and 
death over his legitimate children, and let him sell them 
when he pleases. 
2. Si pater filium ter venumduit, filius a patre liber esto. 
—But if a father has sold his son three times, let the son then 
be out of his father’s power. 
'3. Pater ad insignem deformitatem puerum cito necato.— 
If a father has a child born that is monstrously deformed, let 
him kill him immediately. 
4. Filius arte carens patris incuria, eidem vitae necessaria 
subsidia, ne praestato.—Let not a son, whose father has so far 
neglected his education as not to teach him a trade, be ob¬ 
liged to maintain his father in want, otherwise let all sons be 
obliged to relieve their fathers. 
5. E meretrice natus patrem ne alito.—Let not a bastard 
be obliged to support his father. 
Table V.— Of Inheritance and Guardianship. 
1. Pater familias uti legassit, super pecuniae, tutelaeve suae 
rei, ita jus esto.—After the death of the father of a family, let 
the disposition he made of his money and the management of 
his property be observed. 
2. At si intestato moritur; cui suus heeres nec escit, ag- 
natus proximus familiam habeto. Si agnatusnec escit, gentilis 
familiam nancitor.—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. 
3. Si lihertus intestato moritur, cui suus haeres nec exstabit, 
ast patronus, patronique liberi escint, ex ea familia, in earn 
familiam adducitor.—When a freed-man dies intestate, and 
without heirs, if his patron be alive, or has left children, let 
the effects of the freed-man go to the family of his patron. 
4. Nomina inter haeredes pro portionibus haereditariis 
ercta cita sunto. Caeterarum familiae rerum ercto non cito, si 
volent, erctum citum faciunto. Praetor ad erctum ciendum 
arbitros tris dato.—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 ar¬ 
bitrators to make the division. 
5. Si pater familias intestato moritur, cui impubis suus 
haeres escit, agnatus proximior tutelam nancitor.—If the father 
of a family dies intestate and leaves an heir under age, let the 
child’s nearest relation be his guardian. 
6. Si furiosus aut prodigus existat, ast ei custos nec escit, 
agnatorum gentiliumque in eo pecunia ve ejus potestas esto. 
—If any one becomes mad, or prodigal, and has nobody 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. 
1. Cum nexum faciet, mancipiumque, uti lingua nuncu- 
passit, ita jus esto.—When a man conveys his estate to ano¬ 
ther, let the terms of the conveyance create the right. 
2. Statu liber emptori dando liber esto.—If a slave, who 
was to have been made free on paying a certain sum, be 
afterwards sold, let him be free when he fulfils that con¬ 
dition. 
3. Rei vendita, transque data, emptori non adquiritor, 
donicum satisfactum esset.—Let not any piece of merchan¬ 
dize, though sold and delivered, belong to the buyer till he 
has paid for it. 
4. Usus auctoritas fundi, biennium, caeterarum rerum an- 
nuus usus esto.—Let two years possession amount to a pre- 
• scription for lands, and one for moveables. 
5. Si qui in jure manu conserunt, utrisque superstitibus 
praesentibus, secundum eum qui possidet; ast si qui quern 
liberali causa manu asserat, secundum libertatem vindicias 
M E. The Republics 
dato.—In litigated cases the presumption shall Be always on 
the side of the possessor. And in disputes about liberty and 
slavery, the presumption shall always be on the side of 
liberty. 
Table VII.— Of Trespasses and Damages. 
1. [Si quadrupes pauperiem faxit, dominus noxise aestimiam 
afferto: Si nolit, quod noxit dato.—If a beast does any 
damage, let its master pay the price of the damage. If he 
will not, let the beast be given up. 
2. Tiguum junctum redibus, vineaeve concapes, nesolvito. 
Ast qui junxit, duplione damnator. Tigna quando que 
sarpta, donee dempta erunt, vindicato.—If any one uses 
your beam to join his house, or support his vine, do not pull 
it down; 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 your own. 
3. Qui aceram frumenti ad asdes positum dolo sciens 
incensit, vinctus, verberatus, igni necator. Ast si casu noxiam 
sarcito. Si nec idoneus escit, levius castigator.—Whoever 
shall maliciouslyset 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. 
4. Si membrum rupsit ni cum eo pacit, talio esto.—If one 
breaks another’s limbs, unless the matter is made up, the 
agressor shall have his limbs broken. 
5. Qui os ex genetali fudit libero 300 servo 150 reris 
sunto.—If any one displaces a bone from its socket, let him 
pay three hundred pounds of brass, if the sufferer be a free 
man, and an hundred and fifty if he be a slave. 
6. Si quiinjuriam alteri faxit, 25 aeris paenae sunto.—For 
common assaults, the punishment shall be 25 asses of brass. 
(This law being found of little use, on account of the smallness 
of the penalty, was abolished, and the punishment left to the 
discretion of the praetor. It is related that one- Lucius 
Neratinus used to run about the streets and assault every one 
he met, and that he had a servant behind with a sack of 
copper-money to pay the legal fine to the sufferers.) 
7. Si qui pipulo occentassit, carmenve condidissit, quod 
infamiam faxit, flagitiumve alteri, fuste ferito.—Whoever 
slanders another by words or defamatory verses, and injures 
his reputation, shall be beaten with a club. 
8. Qui se sirit testarier, libripensve fuerit, ni testimonium 
fariatur (fateatur) improbus intestabilisque esto.—Let him 
who has been once a witness, and refuses to bear witness 
again, though a public person, be deemed infamous, and made 
incapable of bearing witness any more. 
9. Si falsam testimonium dicassit, saxo dejicitor.—Let. 
every false witness be thrown down headlong from the 
capitol. 
10. Si quis liberum hominem dolo sciens morti duit, quive 
malum carmen incantassit, aut malum venenum faxit, daitve, 
parricida esto.—Whoever shall wilfully kill a free man, or 
shall make use of magical words to hurt him, or shall have 
prepared poison for him, or given it to him, it is parricide 
(parricide here, as in the Roman law generally, means homi¬ 
cide). 
11. Qui parentem necassit, caput obnubito, culeoque 
insutus in profluentem mergitor.—Let all parricides be thrown 
into the river sewed up in a leather bag, and with their heads 
veiled. 
12. Si tutor dolo malo gerat, vituperato; quandoque finita 
tutela escit, duplione luito—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 
13. Patronus si clienti fraudem faxit, sacer esto.—A patron 
who shall have defrauded his client, shall be deemed execra¬ 
ble. 
Table VIII.— Of Estates in the Country. 
1. Ambitus parietis sextertius pes esto.—Let the space of 
two foot and a half of ground be always left between one 
house and another. 
2. Sodales 
