the Twelve Tables. Moreover these two rules come
from Gaius, who flourished more than two centuries after Cicero. But
if every Supplementary Law resembling the subject-matter of Tables I-X
should be advanced to the appropriate position forward, few would be
the statutes left in Tables XI-XII. It is merely coincidental that
some of the statutes among the Supplementary Laws should concern
topics already treated, for from the Romans we must not remove the
faculty of aftersight.

[70] Some scholars seek to place this provision in Table VIII, where
it seems properly to belong, despite its traditional position here.

This dislocation, coupled with that of the preceding provision, well
illustrates how hopeless is our reconstruction of the order of the
regulations of the Twelve Tables.

[71] That is, apparently, if a person with or without fraudulent
intent had held and claimed as his a thing which a judicial court now
decided belonged to another party.

[72] Retention of the article is deemed to have brought the defendant
some profit; therefore he must pay double this profit.

[73] Cf. second paragraph in note [69] _supra_.

[74] That is, the most recent law repeals all previous laws which are
inconsistent with it.

[75] Cicero says that many laws in the Twelve Tables exhibit this rule
(_De Re Publica_, II. 31. 54).

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