Part 2 (2/2)

The Twelve Tables Anonymous 28970K 2022-07-22

28. Members of guilds have the power to make for themselves any binding rule which they may wish, provided that they violate nothing in accordance with public law (_publica lex_).

TABLE IX. PUBLIC LAW

1. Laws of personal exception (_privilegium_)[55] shall not be proposed.

2. [Laws] concerning the person (_caput_)[56] of a citizen shall not be pa.s.sed except by the greatest a.s.sembly (_maximus comitiatus_)[57]

and through those whom they (the consuls)[58] have placed upon the registers of the citizenry.

3. A judge (_iudex_) or an arbitrator (_arbiter_) legally (_iure_) appointed, who has been convicted of receiving money for declaring a decision, shall be punished capitally (_capite_).

4. [Provisions pertaining to] the investigators of murder (_quaestor parricidii_) [appointed to have charge over capital cases].

5. Whoever shall have incited a public enemy (_hostis_) or whoever shall have delivered a citizen (_civis_) to a public enemy shall be punished capitally (_capite_).

6. It is forbidden to put to death ... unconvicted any one whomsoever.

TABLE X. SACRED LAW

1. A dead person shall not be buried or burned in the city.[59]

2. More than this shall not be done. The funeral pyre (_rogum_) shall not be smoothed with the axe.[60]

3. [Expenses of a funeral shall be limited to] three [mourners wearing] veils and one [mourner wearing] small purple tunic and ten flute-players.

4. Women shall not tear their cheeks or have a _lessus_ (sorrowful outcry)[61] on account of the funeral.

5. The bones of a dead person shall not be collected that one may make a funeral afterward.[62] An exception is for death in battle or on foreign soil.[63]

6. Anointing by slaves and every kind of drinking-bout is abolished ... [there shall be] no costly sprinkling, no myrrh-spiced drink, no long garlands, no incense-boxes.

7. Whoever wins a crown (_corona_)[64] himself or through his chattel[65] or by his valor, [a crown] is bestowed on him [, when he is burned or buried] ... on him (who has won it) and on his father [it shall be laid] with impunity (_sine fraude_).

8. This also shall not be done: to make more than one funeral and to spread more than one bier for one person.

9. Gold shall not be added [to a corpse]. But him whose teeth shall have been fastened with gold, if a person shall bury or shall burn him with that (gold), it shall be with impunity (_sine fraude_).

10. It is forbidden for a new pyre (_rogum_) or a burning-mound (_bustum_) to be erected nearer than sixty feet to another person's buildings without the owner's consent.[66]

11. It is forbidden for a vestibule of a sepulcher (_forum_) and a burning-mound (_bustum_)[67] to be acquired by usucapion.

TABLE XI. SUPPLEMENTARY LAWS

1. Intermarriage (_conubium_) between plebeians and patricians shall not occur.[68]

2. [Regulations] concerning intercalation.

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