Development and General Nature
The Twelve Tables made provision imposing liability for physical assaults, by way of either retaliation or fixed financial penalties depending on the circumstances. In time, however, the value of the fixed penalties declined to the point of ceasing to be any real deterrent.
The story is that this was illustrated by an individual called Lucius Veratius, who amused himself by proceeding through the streets slapping passers-by on the face. He was accompanied by one of his slaves with a purse of money, from which the slave would immediately pay the victim the now- trivial statutory penalty.[2480] This caused the praetors to intervene, and to allow the court[2481] discretion to set the compensation to be paid according to what seemed appropriate for the particular case.To say the least, it unfortunately cannot be taken for granted that there is any truth in this story. What is known, though, is that from perhaps around 200 BC, the Twelve Tables rules came to be superseded by praetorian edicts regulating the matter. These edicts in fact went beyond what was provided for by the Twelve Tables, and imposed general liability for wrongfully insulting conduct rather than simply for physical assaults.[2482]
B.
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