The Twelve Tables by Anonymous
page 31 of 34 (91%)
page 31 of 34 (91%)
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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 |
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