Introduction to The merchant of Venice - Tapa blanda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...divided among them. If they cut too much or too little let that be no wrong." These are the provisions of the third of the Twelve Tables. E. C. Clark, in his History of Roman Private Law, says that commentaries were written on these Tables as late as Cicero's time by his contemporary, Ser Sulpicius Rufus, and later by Antistius Labeo, although he believes that by this time these Tables had become more matter of historical or antiquarian interest than of practical law. Nevertheless this is certain, these Tables were taught to boys, as the statutes and laws of the United States are today taught in the law schools of the country, down to the latter half of the fifth century, A. D., when Leo taught it at Narbonne. But what did this law mean? Ortolan, the celebrated French historian, in his History of Roman Law, says: "Modern writers have refused to read these provisions (of Table Three) in their true and literal sense; they have sought in them a symbol, and have regarded the partition as being that of the possessions and not the body of the debtor; but the ancients, as fragments from Aulus Gellius, from Quintillian, from Tertullian show us, read this law literally." And Briins, in his book entitled Fontes, in discussing this law and its meaning, says that Quintillian, and Tertullian set forth in their works that the division of the insolvent debtor's body among his creditors had actually taken place, but that later on the custom had fallen into disuse. While Frederick Parker Walton, in his book, The Early Roman Law (London: 1916), says he agrees with those who believe the terms of Table Three were at one time literally complied with; and he even goes on to describe laws of other countries; (especially an old Norwegian Law) which are...