[11]
In these times, when after a long civil war our manners
had so far degenerated that men used arms with less scruple, he thought it necessary to
establish a system of judicial procedure, with reference to the whole of a man's household, in
the formula, “Which was said to have been done by the household,” and to
assign judges, in order that the matter might be decided as speedily as possible; and to affix
a severe punishment, in order that audacity might be repressed by fear, and to take away that
outlet, “Damage unjustly caused.”
That which in other causes ought to have weight, and which has weight by the Aquilian law,
namely, that damage had been caused by armed slaves in a violent manner,
***** Men must decide themselves when they could lawfully take arms, collect a band, and put men to death. When an action was assigned, this alone was to be the point at issue, “whether it appeared that damage had been inflicted by the malice of the household, by men collected and armed acting in a violent manner,” and the word “unjustly” was not to be added; he thought that he had put an end to the audacity of wicked men when he had left them no hope of being able to make any defence.
***** Men must decide themselves when they could lawfully take arms, collect a band, and put men to death. When an action was assigned, this alone was to be the point at issue, “whether it appeared that damage had been inflicted by the malice of the household, by men collected and armed acting in a violent manner,” and the word “unjustly” was not to be added; he thought that he had put an end to the audacity of wicked men when he had left them no hope of being able to make any defence.
