[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 this fragment with damage to property and conjecture that the rest of it must have been concerned with compensation for accidental damage.
[42] That is, the animal which committed the damage may be surrendered to the aggrieved person.