The Twelve Tables by Anonymous
page 14 of 34 (41%)
page 14 of 34 (41%)
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corn ... [45]
10. For pasturing on or for cutting secretly by night [another's] crops acquired by tillage [shall be] in the case of an adult hanging and death [by sacrifice] to Ceres;[46] a person under the age of puberty (under 15 years of age) [shall] either be scourged at the discretion [of the magistrate] or make composition by [paying] double [damages] for the harm [done]. 11. Who shall have destroyed by burning a building or a stack of corn set alongside a house is ordered to be bound, scourged, burned to death, provided that knowingly and consciously he shall have committed this; but if this be by accident [, that is] by negligence, either he is ordered to repair the damage or, if he be too poor to be competent for such punishment, he shall be chastised more lightly. 12. Any person who shall have felled wrongfully (_iniuria_) other persons' trees shall pay 25 asses for every [tree]. 13. If theft has been done by night, if [owner] has killed him (the thief), he (the thief) shall be [held] killed lawfully (_iure_). 14. It is forbidden that a thief be killed by day ... Unless he (the thief) defend himself with a weapon, even though he (the thief) shall have come with a weapon, unless he (the thief) shall use that weapon and shall resist, you shall not kill him. And even if he (the thief) resist, [you] shall shout [, that some persons may hear and assemble].[47] 15. In the case of all other thieves caught in the act [it is |
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