NOTES

[1] The code was known under two titles:  Lex Duodecim Tabularum (Law of Twelve Tables) and Duodecim Tabulae (Twelve Tables).

[2] Ab Vrbe Condita, III. 34. 6.  This claim—­that these statutes were the source of all public and private law—­is exaggerated.  Rather the code is chiefly an exposition of private law, derived from customary law, which already existed, and contains some public and religious law as well.

For another estimate see Cicero, De Oratore, I. 44. 195, where the advocate asserts that “the small manual of the Twelve Tables by itself surpasses the libraries of all the philosophers both in weight of authority and in wealth of utility.”

[3] Such is the almost unanimous tradition; but one source says ivory (eboreas).  Since some scholars scout the use of ivory in Rome at that time, the emendation of eboreas to roboreas (wooden) is suggested.

[4] De Legibus, II. 23. 59:  ut carmen necessarium.

[5] Words between [ ] complete the sense of a sentence.  Words between ( ) are either definitions or translations.

[6] The as originally was a bar (one foot in length) of aes (copper), then a weight, then a coin weighing one pound and worth about $.17.  From time to time the as was reduced in weight and was depreciated in value, until by the provisions of the Lex Papiria in 191 B.C. the as weighed one-half ounce and was valued at $.008.

[7] Some scholars suggest that this statute should be translated thus:  “When the parties agree on preliminaries, each party shall plead.”

[8] The index hears cases in which a fixed amount is to be adjudged.

[9] The arbiter hears cases in which an indefinite sum is to be assessed.

[10] At this time in the language reus means any litigant; in later Latin reus is restricted to signify the defendant.

[11] Perhaps “on every other day” or “on three market-days” is meant.

[12] This means, we suppose, that the litigant requiring evidence must proclaim his need by shouting certain legal phrases before the residence of the person who is capable of supplying such evidence and who thereby is summoned to court.

[13] Some scholars suggest that the Latin represented by the words “and for matters in court” should be omitted and that the passage should open “For persons judged liable for acknowledged debt”, thus restricting the period of thirty days’ grace only to matters of debt.  Even if this view be correct, it disproves not the probability that the thirty days applied to various kinds of cases.

[14] “Shall cut pieces” (partes secanto) is explained variously:  “to divide the debtor’s functions or capabilities”, “to claim shares in the debtor’s property”, “to divide the price obtained for the sale of the debtor’s person”, “to divide the debtor’s family and goods”, “to announce to the magistrate their shares of the debtor’s estate”; the old Roman writers, however, understand by the phrase that the creditors can cut their several shares of the debtor’s body!