ferent owners. Both owners can walk on the whole
space, but neither owner can claim possession of the strip through
continued usage.

[32] In view of the ancient tradition that the decemvirs sent to
Athens a committee to study the laws written by Solon (c. 639 B.C.--c.
559 B.C.) for the Athenians (Livy, _op. cit_., III. 33. 5), it may not
be out of place to record what Gaius (_ob. c_. 180 A.D.) reports about
marking boundaries (_Digesta_, X. 1. 13): "We must remember in an
action for marking boundaries (_actio finium regundorum_) that we must
not overlook that old provision which was written in a manner after
the pattern of the law which at Athens Solon is said to have given.
For there it is thus: 'If any man erect a rough wall alongside another
man's estate, he must not overstep the boundary; if he build a massive
wall, he must leave one foot to spare; a building, two feet; if he dig
a trench or a hole, he must leave a space equal or about equal in
breadth to depth: if a well, six feet; an olive tree or a fig tree he
must plant nine feet from the other man's property and any other trees
five feet.'"

While there is no evidence whatever that any enactment of the Twelve
Tables reproduced in any form the terms of the Athenian statute here
quoted, still the Twelve Tables may have contained some such
provisions.

[33] What were these conditions we know not; all that we have from
this item are the unbracketed words, which are quoted as examples of
how words change their meanings and which are assigned to the Twelve
Tables.

[34] Some scholars suppose that only branches over fifteen feet above
ground are meant. In any case the idea is that shade from the tree may
not damage a neighboring estate.

[35] We know that this item was interpreted to include prose as well
as verse.

[36] Slander and libel are not distinguished from each other in Roman
Law.

[37] The severity of the penalty indicates that the Romans viewed
offence not as a private delict but as a breach of the public peace.

[38] Apparently an incantation against a person, for the ninth statute
in this Table treats such practice against property.

[39] The penalty points to an incurable maim or break, because the
next statute seems to provide for injuries which can be mended.

[40] Thus the injured person or his next of kin may maim or break limb
for limb. Cf. the Mosaic _lex talionis_ recorded in _Leviticus_, 24.
17-21.

[41] Most scholars connect thi