A History of the Criminal Law of England (v. 1) Book

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ROMAN CRIMINAL LAW. CHAPTER II. ROMAN CRIMINAL LAW. The oldest part of the Roman Criminal Law was contained Cha.p. II. in the twelve tables. The twelve tables have been reconstructed by various authors, of course more or less con- jecturally, from the remaining fragments of them. The following is M. Ortolan's l reproduction of what he numbers as the eighth table "de delictis" :— 1. Libels and insulting songs to be punished by death. 2. Breaking a limb, unless settled for, to be punished by retaliation. 3. Breaking the tooth or bone of a free man, 300 asses; of a slave, 15 asses. 4. For insulting another, 25 asses. 5. For 2 damage to property caused unjustly .... If it is accidental, it must be repaired. 6. For damage caused by a quadruped, repair the damage or give up the animal. 7. An action lies against a man for pasturing his flock in the field of another. 8. 8Whoever injures crops by enchantments or conjures them from one field into another .... (punishment unknown). 9. Whoever by night furtively cuts or causes to be grazed crops raised by ploughing, shall be devoted to Ceres and 1 Ortolan, Explication Historique des Institute, i. 114-118. The references to Pothier are to Pothier's Pandectce Justinianea:. 4 vols. Paris, 1818. This work contains all the texts of the Roman Law, arranged by Pothier in what he regards as their natural order. It is extremely useful. 1 The fragment here is " Rupitias . . . Sarcito." 3 Pothier, i. cxz. IO LAWS OF THE TWELVE TABLES. Chap. II. put to death if he is an adult, or if he is under the age of puberty shall be flogged at the discretion of the praetor and made to pay double value as damages. 10. Whoever burns a house or a stack of corn near a house knowingly and maliciously (dolo) shall be bou...