wise
a penalty of double [the amount involved] shall be suffered.[73]

5. Whatsoever last the people have ordained, this shall be binding and
valid (_ius ratumque_).[74]

UNPLACED FRAGMENTS

There are extant about a dozen fragments of whose place in the Twelve
Tables we are ignorant. In nearly every instance these fragments
consist of only one word or phrase, which later Latin antiquarians
have preserved to illustrate an ancient spelling or to explain an
archaic usage or to point a definition.

The longest fragment only is worth reproduction for the present
purpose: To appeal from any judgement (_inuicium_) and sentence
(_poena_) is allowed.[75]

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 restricte