Mosaycarum et Romanarum legum collatio

TITVLVS II.

Injury is committed either to the body, while we are struck, or in words, while we suffer abuse, or when dignity is injured, as when the companions of matrons or those wearing the praetexta bordered toga of magistrates or children are abducted. An action for injuries is either legitimate or honorary. The legitimate one is from the law of the twelve tables: HE WHO does an injury to another incurs a penalty of twenty-five sesterces, which was a general law for a free person, and a penalty of one hundred and fifty sesterces for slaves.

THE SAME PAVLVS in the same single book, under the title "How one must act on injuries." HE WHO will act on injuries must say what is certain, what injury has been done, and must set a valuation not less than the amount of the bail. He says what is certain who demonstrates the injury in his own name, and not in such a way that he encompasses through disjunction that this or that happened, but so that he must either fix one thing to his name, or encompass several in such a way that he is forced to prove that all of them happened. But whether he says something certain or uncertain is for the Praetor himself to judge. In this place, the Praetor demonstrates not the voice of the plaintiff, but what kind of formula he issues. He does not say what is certain who says he was struck, if he was beaten, but he also demonstrates the part of the body, and in what manner, for example with a fist, or a cudgel, or a stone, just as the formula is placed, THAT AULUS AGERIUS WAS STRUCK WITH A FIST ON THE JAW. He is not forced to say whether it was with the right or the left, nor with which hand he struck. Thus if he says that he was defamed, he ought to add how he was defamed. For thus the formula is also conceived: THAT NUMERIUS NIGIDIUS BROUGHT HIM BEFORE AULUS AGERIUS FOR THE SAKE OF DEFAMATION.