Gaius, On the Law of the Twelve Tables, Book I. Being about to give an interpretation of ancient laws, I have thought it necessary, in the first place, to go back to the origin of the City, not because I wish to make extensive commentaries, but for the reason that I notice that that is perfect in all things which is finished in all its parts; and indeed the most important part of anything is the beginning. Then, where causes are argued in the forum, if I should say that it is abominable to state the matter to the judge without making any previous remarks, it would be much more improper for those making an explanation to neglect the beginning and avoid reference to the origin of the case; proceeding with unwashed hands, so to speak, without delay to discuss the question which is to be decided. For, unless I am mistaken, these previous explanations render persons more inclined to examine the question at issue, and when we have approached it, make the comprehension of the subject more clear.

Gaius, On the Law of the Twelve Tables, Book I. Many authorities have held that it was not lawful to summon anyone to court from his own house; because the house of every individual should be for him a perfectly secure refuge and shelter, and that he who summons a person therefrom, must be considered as having employed violence.

Gaius, On the Law of the Twelve Tables, Book I. There is no doubt that a man can be lawfully summoned from his vineyard, the bath, or the theatre.

Gaius, On the Law of the Twelve Tables, Book I. It is not permitted to summon girls who have not arrived at puberty, and who are subject to the control of another. 1A man who is summoned should be dismissed in two instances; first, when anyone undertakes his defence; and second, when the controversy has been settled before the parties have come into court.

Gaius, On the Law of the Twelve Tables, Book I. Where he who has given a surety does not appear because he is absent on public business, it is unjust for the surety to be required to appear on behalf of the other, when the latter is not free to do so.

Gaius, On the Law of the Twelve Tables, Book I. It should be remembered that those who cut down trees, and especially vines, are also punished as thieves.

The Same, On the Law of the Twelve Tables, Book I. The following expressions, “If he deceives,” “If he is in default,” “If he frustrates,” are the sources from which the term “calumniators” is derived because they annoy others with lawsuits through fraud and deceit. 1On the third day after the Kalends of January, prayers are offered for the preservation of the Emperor. 2Ordinarily speaking, whatever is discharged from a bow is called a dart; now, however, it means anything which is cast by the hand; and it follows that even a stone, or a piece of wood, or iron, are included in this term. It is so called because it is sent to a distance, and is what the Greeks designate something which is thrown to a distance. We can detect this meaning in the Greek word, for what we call a dart, they style which usually means something dispatched from a bow, but it also signifies anything projected by the hand. Xenophon informs us of this fact, for he says, “They carried darts, spears, arrows, slings, and also stones.” What is sent from a bow is what the Greeks call toceuma, that is to say, an arrow, but by us it is designated by the common name of “dart.”

The Same, On the Law of the Twelve Tables, Book II. Those whom we style enemies the ancients called perduelles, indicating by this term that they were persons with whom they were at war. 1He is considered solvent who has sufficient property to satisfy any claim which may be brought against him by a creditor. 2Some authorities hold that the term “subsistence” has reference only to food; but Ofilius and Atticus say that under this term clothing and covering of every description are included, for without them no one can subsist.

Gaius, On the Law of the Twelve Tables, Book V. It is evident that every agreement made at the time of the delivery of property is valid.

Gaius, On the Law of the Twelve Tables, Book III. If the notice of repudiation was not served in accordance with law, and therefore the woman is still considered to be married; yet, if anyone takes her as his wife, he will not be an adulterer. Salvius Julianus was the author of this opinion; because, as he says, adultery cannot be committed without malicious contrivance. It should, however, be held that he is guilty of malicious contrivance who knew that she had not been legally repudiated.

The Same, On the Law of the Twelve Tables, Book III. We properly apply the term “to carry,” to what anyone conveys by means of his body; “to transport,” to whatever one conveys by means of a beast of burden; and “to drive” has reference to animals. 1We call workers in wood not only those who polish lumber, but also all those who build houses.

Gaius, On the Law of the Twelve Tables, Book IV. It should be remembered that in the action for the establishment of boundaries the rule must be observed which, to a certain extent, coincides with the plan of the one which Solon is said to have passed at Athens, which is as follows: “Where a party builds a wall adjoining the land of another, he must not go beyond the boundary; if it is a wall built of masonry, he must leave a foot; if it is a house, two feet. If he digs a grave or a ditch, he must leave an open space equal in width to the depth of the same; if a well, the width of a pace. If he plants an olive or a fig-tree, he must place it nine feet from the adjoining land, and in the case of other trees he must leave five feet.”

Gaius, On the Law of the Twelve Tables, Book IV. Anyone who sets fire to a house, or a pile of grain near a house, shall be chained, scourged, and put to death by fire, provided he committed the act knowingly and deliberately. If, however, it occurred by accident, that is to say, through negligence, he shall be ordered to make good the damage; or, if he is insolvent, he shall receive a light chastisement. Every kind of building is included in the term house.

Gaius, On the Law of the Twelve Tables, Book IV. Members are those who belong to the same association which the Greeks call hetaireian. They are legally authorized to make whatever contracts they may desire with one another, provided they do nothing in violation of the public law. The enactment appears to have been taken from that of Solon, which is as follows: “If the people, or brothers, or those who are associated together for the purpose of sacrifice, or sailors, or those who are buried in the same tomb, or members of the same society who generally live together, should have entered, or do enter into any contract with one another, whatever they agree upon shall stand, if the public laws do not forbid it.”

The Same, On the Law of the Twelve Tables, Book IV. Those who speak of poison, should add whether it is good or bad, for medicines are poisons, and they are so called because they change the natural disposition of those to whom they are administered. What we call poison the Greeks style farmakon; and among them noxious drugs as well as medicinal remedies are included under this term, for which reason they distinguish them by another name. Homer, the most distinguished of their poets, informs us of this, for he says: “There are many kinds of poisons, some of which are good, and some of which are bad.” 1Javolenus says that fruit is whatever has a seed, as in the case of the Greeks who call all kinds of trees akrodrua.

The Same, On the Law of the Twelve Tables, Book V. A law which contains two negative statements rather permits than forbids. This is also noted by Servius.

Gaius, On the Law of the Twelve Tables, Book VI. Let us see whether judgment will also be rendered against the possessor in every case where suit is brought for the profits. For what if he should bring an action for silver, clothing, or anything else of this kind, or for the usufruct, or for the mere ownership of the property where the usufruct belongs to another? For no profit, to which this term can rightly be applied, can be understood to be derived from the mere ownership; nor, on the other hand can the usufruct properly be considered as profit. But what if an action is brought to recover the mere property? The profits will be included in the claim from the day that the usufructuary lost his usufruct. Moreover, if suit is brought for the usufruct, Proculus says that the defendant will have judgment rendered against him for all the profits which have been collected. Again, Gallus Ælius holds that if suit is brought for clothing, or a cup, whatever could be collected by way of rent, if the articles were leased, should be classed as profit. 1Where suit is brought to recover a right of way, it will be difficult for any profits resulting therefrom to be estimated, unless some advantage which the plaintiff could have enjoyed from the servitude should be classed as profits, if he was not prevented from doing so at the time that he brought the action; and this should be admitted as correct.

Gaius, On the Law of the Twelve Tables, Book VI. We forbid property which is in litigation to be dedicated to sacred purposes, otherwise a double penalty will be incurred, and this is not unreasonable, as in this way the condition of an adversary is prevented from becoming more oppressive. It is, however, not stated whether the double penalty should be paid to the Treasury, or to the adverse party. Perhaps it should be paid to the latter, in order to console him for being delivered over to a more powerful opponent.

The Same, On the Law of the Twelve Tables, Book VI. The term “plebeian” applies to all citizens except Senators. 1To “call to witness,” is to give evidence. 2The word “pledge” is derived from the fist, because everything which is given by way of pledge is transferred by the hand. Wherefore some authorities hold, and it may be true, that a pledge, properly speaking, can only consist of movable property. 3All offences are embraced in the term “noxia.”