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.