2. If a slave shall have committed theft or shall have done damage ... with his master's knowledge ... the action for damages (_actio noxalis_) is in the slave's name. Arising from delicts committed by children and by slaves of a household ... actions for damages (_actio noxalis_) shall be appointed, that the father or the master can be allowed either to undergo assessment of the suit (_litis aestimatio_) or to deliver [the delinquent] for punishment.[70] 3. If a person has taken [a thing by] a false claim,[71] if he should wish ... the magistrate shall grant three arbitrators (_arbiter_); by their [adverse] arbitration (_arbitrium_) ... [the defendant] shall compound for loss caused by [paying] double [damages from enjoyment of the article].[72] 4. It is forbidden to dedicate for consecrated use (_in sacrum_) any thing of which there is a controversy [about its ownership]; otherwise a penalty of double [the amount involved] shall be suffered.[73] 5. Whatsoever last the people have ordained, this shall be binding and valid (_ius ratumque_).[74] UNPLACED FRAGMENTS There are extant about a dozen fragments of whose place in the Twelve Tables we are ignorant. In nearly every instance these fragments consist of only one word or phrase, which later Latin antiquarians have preserved to illustrate an ancient spelling or to explain an archaic usage or to point a definition. The longest fragment only is worth reproduction for the present purpose: To appeal from any judgement (_inuicium_) and sentence (_poena_) is allowed.[75] NOTES [1] The code was known under two titles: _Lex Duodecim Tabularum_ (Law of Twelve Tables) and _Duodecim Tabulae_ (Twelve Tables). [2] _Ab Vrbe Condita_, III. 34. 6. This claim--that these statutes were the source of all public and private law--is exaggerated. Rather the code is chiefly an exposition of private law, derived from customary law, which already existed, and contains some public and religious law as well. For another estimate see Cicero, _De Oratore_, I. 44. 195, where the advocate asserts that "the small manual of the _Twelve Tables_ by itself surpasses the libraries of all the philosophers both in weight of authority and in wealth of utility." [3] Such is the almost unanimous tradition; but one source says ivory (_eboreas_). Since some scholars scout the use of ivory in Rome at that time, the emendation of _eboreas_ to _roboreas_ (wooden) is suggested. [4] _De Legibus_, II. 23. 59: _ut carmen necessarium_. [5] Words between [ ] complete the sense of a sentence. Words between ( ) are either definitions or translations. [6] The _as_ originally was a bar (one foot in length) of _aes_ (copper), then a weight, then a coin weighing one pound and worth about $.17. From time to time the _as_ was reduced in weight and was depreciated in value, until by the provisions of the Lex Papiria in 191 B.C. the _as_ weighed one-half ounce and was valued at $.008.