29.2. 2. The same Subject continued.
Cecilius, in Aulus Gellius,
[2]
speaking of the law of the Twelve Tables which permitted the creditor to
cut the insolvent debtor into pieces, justifies it even by its cruelty,
which hindered people from borrowing beyond their ability of paying.
[3]
Shall then the cruellest laws be the best? Shall goodness consist in
excess, and all the relations of things be destroyed?
Footnotes
[3]
Cecilius says that he never saw nor read of an instance in which
this punishment had been inflicted; but it is likely that no such
punishment was ever established: the opinion of some civilians, that the
law of the Twelve Tables meant only the division of the money arising
from the sale of the debtor, seems very probable.
