By Michael Hewson Crawford (ed.)
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Extra info for Roman Statutes, Volume II (Bulletin of the Institute of Classical Studies Supplement 64)
77, 1951, 202-35, 'Problèmes de philologie vènete', at 218-24): that two named peoples of Latium should appear in the middle of the section of the Twelve Tables dealing with procedure is very unlikely. ROMAN STATUTES 592 Tabula I, 6-9 Sources (a) ad Her. U, 13,20: ex pacto ius est, si quid inter se pepigerunt, si quid inter quos conuenit. pacta sunt, quae legibus obseruanda sunt, hoc modo: 'rem ubi pagunt orat(o); ni pagunt in comitio aut in foro ante meridiem causam conicito'. sunt item pacta, quae sine legibus obseruantur ...
If they engage by hand at a pre-trial, < « i f it is for more than 1,000, the oath is to be for 500; if less, it is to be for 50. »> I, 12 (II, lb) < « I f he sues on the basis of a sponsio, he is to demand a judge or arbiter. > » I, 13 (Vili, 2) If he has maimed a part (of a body), unless he settles with him, there is to be talion. I, 14 (VIE, 3) If he has broken a bone of a free man, 300, if of a slave, 150 (asses) are to be the penalty. , 25 (asses) are to be the penalty. I, 16 (VIII, 11) < « I f he shall have felled a productive tree, 25 (asses) are to be the penalty .
Uim illam ... ; Varro, LL VI, 64, (k) above; Terence, Adelph. 193-4, with Donatus, ad loc; Festus, 460 L: sertorem quidam putant dictum a prendendo, quia (cum) cuipiam adserat manum, educendi eius gratia ex seminate in libertatem, uocetur adsertor ... -G. Wolf, in Symposion Fr. Wieacker (Ebelsbach, 1991), 61-96, 'Die manumissio vindicta und der Frei hei tsprozess' (the relative chronology of manumission censu, uindicta and testamento remains obscure). For uindiciae, see on Tabula XII, 3. Reconstruction Sources (a) - (f) expound the legis actio sacramento of the Twelve Tables, Sources (h) (1) provide us with part of the clause regulating the procedure in detail and with the related form of words; the last words of Gellius, (h) above, make it clear that he saw a link between uis and uindicare\ they also - conferens uim illam ciuilem et festucariam make it clear that he is talking of the legis actio sacramento.
Roman Statutes, Volume II (Bulletin of the Institute of Classical Studies Supplement 64) by Michael Hewson Crawford (ed.)