Melhed/Laws

Laws of the Republic

Slab V – Court

• 1)All citizens have the right to a fair trial, and know the charges that have been brought against them.
• 2)Trials are to be held in public so all citizens know the evidence and crime
• 3)When litigants wish to settle their dispute among themselves, even while they are on their way to appear before the Prætor, they shall have the right to make peace; and whatever agreement they enter into, it shall be considered just, and shall be confirmed
• 4) If the plaintiff and defendant do not settle their dispute, as above mentioned, let them state their cases either before the Praetor or the local Senator, should they be of low born Strata; by making a brief statement in the presence of the judge, between the rising of the sun one day and the next; and, both of them being present.
• 5)After hearing the brief statements, let the judge render his decision in the presence of the plaintiff and the defendant
• 6) The defender, or the surety of a wealthy man, must himself be rich; but anyone who desires to do so can come to the assistance of a person who is poor, and occupy his place.
• 7)The setting of the sun the second time shall be the extreme limit of time within which a judge must render his decision.
• 8)If someone is called to go to court, he is to go. If he doesn't go, then he should be captured.
• 9)When issue has been joined in the presence of the judge, sureties and their substitutes for appearance at the trial must be furnished on both sides. The parties shall appear in person, unless prevented by disease of a serious character; or where vows which they have taken must be discharged to the Gods; or where the proceedings are interrupted through their absence on business for the State.
• 10)If any of the above mentioned occurrences takes place, that is, if one of the parties is seriously ill, or a vow has to be performed, or one of them is absent on business for the State, so that the judge, the arbiter, or the defendant is prevented from being present, and the furnishing of security is postponed on this account, the hearing of the case shall be deferred.
• 11)For matters where the Praetor is in doubt, but not so much so that they should be removed, the Senate should appoint another to oversee the trial and their decision abided by. If the Praetor is in great doubt he should retire from office so the patricians can elect another.

Slab VI – Tort

• 1)Those who tell falsehoods about their fellow citizens, and do not buy their peace, will suffer the penalty of shunning.
• 2)The property of a citizen is theirs, to do with as they wish so long as they break no laws.3
• 3)If one causes any harm or offence, accidentally or intentionally, one must buy the peace of the injured or offended. If not, let the injured or offended party declare it so before the public and be free to retaliate in kind.
• 4)Should a cycle of retaliation become a public nuisance the Praetor may assign a fee and close the matter.
• 5)Any person who destroys by burning any building or heap of food shall be bound, scourged, and put to death by beheading provided that he has committed the said misdeed with malice aforethought. However if he shall have committed it by accident, it is ordained that he repair the damage or, if he be too poor to be competent for such punishment, he shall receive a lighter punishment.
• 6)When any persons commit a theft and attempts to defend themselves with weapons, or with any kind of implements; and the party against whom the violence is committed raises the cry of thief, and calls upon other persons or guards, if any are present, to come to his assistance; and this is done, and the thieves are killed by him in the defence of his person and property, it is legal, and no liability attaches to the homicide
• 7)However if a thief attempts to make off with the property of another, or seeks to do harm to the owner of property and is caught, let that thief be brought before the Praetor and be bound, scourged, and put to death by beheading.
• 8)Stolen property shall always be his to whom it formerly belonged; nor can the lawful owner ever be deprived of it by long possession, without regard to its duration; nor can it ever be acquired by another, no matter in what way this may take place

Slab VII – Lowborn Tort

• 1)No member of the Plebeian or Proletarii Strata shall be permitted within the walls of the Curia.
• 2)Matters of justice among Plebeians and Equites are to be settled by the Senator who governs their province.
• 3)Mattes of justice among the Proletarii are the purview of the Tribune.
• 4)No low born strata may raise his hand against a high, nor hurl insults or make damage upon their property.
• 5)A member of a high born stratum cannot be found guilty of a crime committed against a lowborn stratum.
• 6)A high born may challenge a behaviour against the low born as being against the Divine Mandate to protect the lessers, by evoking the Jus ad bellum. Should the challenge not be refuted in debate is put to the ritual combat, where the Mandate is tested. Whoever loses owes the other reparations, which may in turn be paid to the low born. Refusal to meet the challenge is admittance of weak blood, and disgraceful.
• 7)The Tribune represents the interests of the Proletarii on the senate. They are responsible for conversing with the strata and arranging matters of the strata to be brought before the senate.