15. In the case of all other thieves caught in the act [it is
ordained] that freemen be scourged and be adjudged [as bondsmen] to
the person against whom the theft has been committed, provided that
they had done this by day and had not defended themselves with a
weapon; that slaves caught in the act of theft be whipped with
scourges and be thrown from the rock;[48] that boys below the age of
puberty (under 15 years old) be flogged at [the magistrate's]
discretion and that damage done by them be repaired.
16. Thefts which have been discovered through [use of] platter and
loincloth [shall be punished just as if the culprits had been caught
in the act]. For cases of stolen goods discovered (_furtum conceptum_)
[by other means than by platter and loincloth] or introduced (_furtum
oblatum_) the penalty is triple [damages].[49]
17. If a person plead on case of theft, in which [the thief] shall not
be caught in the act, [the thief] shall compound for the loss by
[paying] double [damages].[50]
18. A stolen thing is debarred from prescription (_usucapio_).[51]
19. No person shall practise usury at a rate of more than
one-twelfth[52] ... [if he do,] a usurer shall be condemned for
quadruple [damages].
20. In a suit concerning an article deposited [with a person who has
failed to return the article] legal action (_actio_) for double
[damages is granted].
21. [If] guardians (_tutor et curator_) [be suspected of
mal-administration, there is] the right to accuse [them] on suspicion
... the legal action (_actio_) against guardians (tutor) [shall be]
for double [damages].
22. If a patron (_patronus_) shall have defrauded a client (_cliens_),
he shall be forfeited solemnly (_sacer_).[53]
23. Whoever shall have allowed himself to be called as a witness or
shall have been a scales-bearer (_libripens_),[54] if he [as a
witness] pronounce not his testimony, he shall be dishonored and
incapable of giving evidence (_intestabilis_).
24. The penalty for false testimonies [is] that any person
who has been convicted of speaking false witness [shall be]
precipitated from the Tarpeian Rock.
25. If a weapon has sped from one's hand rather than [if the wielder]
has hurled [it, ... he shall atone for the accidental deed by
providing] the substitution of a ram [as a peace-offering to prevent
blood-revenge].
26. [For administering] a noxious drug ...
27. No person shall hold nocturnal meetings in the city.
28. Members of guilds have the power to make for themselves any
binding rule which they may wish, provided that they violate nothing
in accordance with public law (_publica lex_).
TABLE IX. PUBLIC LAW
1. Laws of personal exception (_privilegium_)[55] shall not be
proposed.
2. [Laws] concerning the person (_caput_)[56] of a citizen shall not
be passed except by the greatest assembly (_maximus comitiatus_)[57]
and through those whom they (the consuls)[58] have placed upon the
registers of the citizenry.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account