rnelia also contains provisions as to outrages, and
introduced an action on outrage, available to a plaintiff who alleges
that he has been struck or beaten, or that a forcible entry has been
made upon his house; the term 'his house' including not only one which
belongs to him and in which he lives but also one which is hired by him,
or in which he is received gratuitously as a guest.
9 An outrage becomes 'aggravated' either from the atrocious character of
the act, as where a man is wounded or beaten with clubs by another; or
from the place where it is committed, for instance, in the theatre or
forum, or in full sight of the praetor; or from the rank of the person
outraged,--if it be a magistrate, for instance, or if a senator be
outraged by a person of low condition, or a parent by his child, or a
patron by his freedman; for such an injury done to a senator, a parent,
or a patron has a higher pecuniary compensation awarded for it than one
done to a mere stranger, or to a person of low condition. Sometimes too
the position of the wound makes an outrage aggravated, as where a man
is struck in the eye. Whether the person on whom such an outrage is
inflicted is independent or in the power of another is almost entirely
immaterial, it being considered aggravated in either case.
10 Finally, it should be observed that a person who has been outraged
always has his option between the civil remedy and a criminal
indictment. If he prefers the former, the penalty which is imposed
depends, as we have said, on the plaintiff's own estimate of the wrong
he has suffered; if the latter, it is the judge's duty to inflict an
extraordinary penalty on the offender. It should be remembered, however,
that by a constitution of Zeno persons of illustrious or still higher
rank may bring or defend such criminal actions on outrage by an agent,
provided they comply with the requirements of the constitution, as may
be more clearly ascertained by a perusal of the same.
11 Liability to an action on outrages attaches not only to him who
commits the act,--the striking of a blow, for instance--but also
to those who maliciously counsel or abet in the commission, as, for
instance, to a man who gets another struck in the face.
12 The right of action on outrage is lost by condonation; thus, if a man
be outraged, and takes no steps to obtain redress, but at once lets
the matter, as it is said, slip out of his mind, he cannot subsequently
alter his intent
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