3.1.251 to 3.1.253

(222) It is understood that injury cannot be committed against a slave individually, but his master may be injured through him; not, however, in the same ways in which we are considered to suffer injury through our children or wives, but where some peculiarly atrocious act is committed, which clearly appears to have been perpetrated to insult the owner, for example, if anyone scourges a slave belonging to another; and a rule has been established to meet this case. If, however, anyone reviles a slave, or strikes him with his fist, no rule has been prescribed in this instance, and permission to bring an action would not readily be given. (223) The penalties for injuries provided by the Law of the Twelve Tables were as follows: "For a broken limb, retaliation; for a bone broken, or crushed, three hundred asses, if the party was a freeman, but if he was a slave a hundred and fifty; and for all other injuries, twenty-five asses." These pecuniary penalties seemed to be sufficient compensation in those times of great indigence. (224) At present, however, we make use of another rule; for we are permitted by the Prætor to estimate the damages ourselves, and the judge may either condemn the defendant for the amount of which we have estimated it, or for a smaller sum, as he may think proper. The Prætor usually fixes the amount of damages to be paid for an atrocious injury, and when he has once decided in what sum the defendant must give security to appear, he establishes this sum as the limit, and although the judge can render a decree for a smaller amount, still, as a rule, on account of his respect for the authority of the Prætor, he does not venture to do so.