The Twelve Tables by Anonymous
page 33 of 34 (97%)
page 33 of 34 (97%)
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these among the statutes of Table X, of which all but one item come
from Cicero's discussion of Sacred Law in his _De Legibus_, II. 23. 58-24. 61, in the concluding portion of which Cicero seems to speak with some finality that he has given all the regulations regarding religion found in the Twelve Tables. Moreover these two rules come from Gaius, who flourished more than two centuries after Cicero. But if every Supplementary Law resembling the subject-matter of Tables I-X should be advanced to the appropriate position forward, few would be the statutes left in Tables XI-XII. It is merely coincidental that some of the statutes among the Supplementary Laws should concern topics already treated, for from the Romans we must not remove the faculty of aftersight. [70] Some scholars seek to place this provision in Table VIII, where it seems properly to belong, despite its traditional position here. This dislocation, coupled with that of the preceding provision, well illustrates how hopeless is our reconstruction of the order of the regulations of the Twelve Tables. [71] That is, apparently, if a person with or without fraudulent intent had held and claimed as his a thing which a judicial court now decided belonged to another party. [72] Retention of the article is deemed to have brought the defendant some profit; therefore he must pay double this profit. [73] Cf. second paragraph in note [69] _supra_. [74] That is, the most recent law repeals all previous laws which are |
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