The Twelve Tables | Page 7

period a woman never has legal
independence: if she be not under the power (potestas) of her father,
she is dependent on the control (manus) of her husband or, unmarried
and fatherless, she is subject to the governance (tutela) of her guardian.
[18] Agnates (agnati) are relatives by blood or through adoption on
male side only; cognates (cognati) are blood-relatives on either male or
female side. The family of the ius civile is the agnatic family; the

family of the ius gentium is the cognatic family.
[19] Beside a guardian (tutor) for a child of certain age (sixth statute of
this Table; cf. p. 7, n. 21) there is provided also a guardian (custos, later
curator) for a lunatic and for a prodigal (seventh statute of this Table).
[20] Clansmen (gentiles) are persons all belonging to the same clan
(gens) as the deceased and of course include agnates, when these exist.
[21] Boys between the ages of 7 and 15, girls between the ages of 7 and
13, women neither under paternal power (patria potestas) nor under
marital control (in manu mariti).
[22] Another version of this provision reads thus: "Debts bequeathed by
inheritance shall be divided by automatic liability (ipso iure)
proportionally [among the heirs], after the details shall have been
investigated."
[23] That is, the judicial division of an estate by a iudex among the
disagreeing coheirs.
[24] That is, double the proportionate part of the price or of the things
transferred.
[25] This statute is set in Table I by some scholars.
[26] This probably means that a foreigner resident in Roman territory
never can obtain rights over any property simply by long possession
(usu-capio) thereof; but the meaning of auctoritas in this clause is
disputed. At any rate usucapio is peculiar to Roman citizens.
This provision sometimes is placed in Table III by scholars.
[27] This is an exclusively patrician type of wedding, wherein is made
a mutual offering of bread in the presence of a priest and ten witnesses.
[28] This type of wedlock, used originally by plebeians, is a fictitious
sale, by which a woman is freed from either patria potestas or tutela. It
comes perhaps from the primitive custom of bride-purchase.

[29] This method explains how a wife can remain married to a husband
without remaining in his manus (rights of possession). If the usus be
interrupted, the time of the usus must begin afresh, because the
previous possession (usus) is considered as cancelled.
[30] Apparently tignum, as "timber" in English covers material for
construction, includes every kind of material used in buildings and in
vine-yards.
[31] This strip is reserved as a path between any two estates belonging
to different 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