provisions.

[33] What were these conditions we know not; all that we have from
this item are the unbracketed words, which are quoted as examples of
how words change their meanings and which are assigned to the Twelve
Tables.

[34] Some scholars suppose that only branches over fifteen feet above
ground are meant. In any case the idea is that shade from the tree may
not damage a neighboring estate.

[35] We know that this item was interpreted to include prose as well
as verse.

[36] Slander and libel are not distinguished from each other in Roman
Law.

[37] The severity of the penalty indicates that the Romans viewed
offence not as a private delict but as a breach of the public peace.

[38] Apparently an incantation against a person, for the ninth statute
in this Table treats such practice against property.

[39] The penalty points to an incurable maim or break, because the
next statute seems to provide for injuries which can be mended.

[40] Thus the injured person or his next of kin may maim or break limb
for limb. Cf. the Mosaic _lex talionis_ recorded in _Leviticus_, 24.
17-21.