[52] The uncia (whence our "ounce") is the unit of division of the as
and is used also as one-twelfth of anything. One-twelfth of the
principal paid yearly as interest equals 8-1/3%.
[53] This originally is a religious penalty, whereby the person is
sacrificed. But sacer comes to mean "a person disgraced and outlawed
and deprived of his property."
[54] At a sale (_mancipium_ or _mancipatio_) the buyer in the presence
of five adult citizens had his money weighed by another adult citizen
who held scales for this purpose.
This practice obtained originally ere the introduction of coinage.
[55] That is, enactments referring to a single citizen, whether or not
in his favor.
[56] Caput includes also privileges of citizenship (_civitas_).
[57] Commonly known as the _comitia centuriata_, an assembly which
comprised all citizens. To this assembly a citizen convicted in court
on a capital charge had the right of appeal (_ius provocationis_) at
least as early as the passage of the Lex Valeria in 509 B.C., for
Cicero claims that the pontifical as well as the augural books state
that the right of appeal from the regal sentences had been recognized
(De Re Publica, 11. 31. 54).
[58] This statute is quoted by Cicero (De Legibus, III. 4. 11), who
inserts censores (censors) as the subject of the last verb _locassint_
(have placed). But the last clause must have been "modernized" either
by Cicero or in his source, because the promulgation of the Twelve
Tables in 449 B.C. antedated the creation of the censorship, which can
not be traced higher than 443 B.C., if we can believe Livy's account
of its institution (op. cit., IV. 8. 2-7). Before that time the
consuls superintended the lists of citizens.
[59] The first provision doubtlessly descends from a primitive tribal
tabu. Cicero supposes that the second provision is due to danger from
fire (De Legibus, II. 23. 58).
[60] In view of the simplicity enjoined in some of the following
statutes of this Table, for the decemvirs apparently took a dim view
of extravagant funerals, this statute seems to mean that a rough-hewn
pyre without elaborate smoothness of its wooden material suffices for
the cremation-couch of a citizen.
[61] Cicero says that some older interpreters suspected that some kind
of mourning-garment was meant by _lessus_, but that he inclines to the
interpretation that it signifies a sort of sorrowful wailing (De
Legibus, II.23.59)
[62] This provision is aimed at the common custom of prolonging
mourning by gathering and preserving unburied some part of the corpse.
When this part (_os resectum_) later had been buried, then only
mourning ceased. It is possible that some Romans may have thought that
cremation might be wrong or that its ceremony was inadequate.
[63] That is, in such a case a limb could be carried to Rome and then
buried.
[64] That is, a garland or a chaplet or a wreath as a prize of
achievement.
[65] A chattel, for example, is a slave or a horse who wins a wreath
for the owner.
Public-domain text, read in full here on John Shaqi.
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