In Roman law. “Of cutting a debtor in
pieces.” This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded that it was literally the privilege of the creditors of an insolvent debtor (all other means falling) to cut his body into pieces and distribute it among them. Others contend that the language of this law must be taken figuratively, denoting a cutting up and apportionment of the debtor’s estate.
The latter view has been adopted by Montesquieu, Bynkernhoek, Heineccius, and Taylor. (Esprit des Lois, liv. 29, c. 2; Bynk. Obs. Jur. Rom. 1. 1, c. 1; Heinecc. Ant Rom. lib. 3, tit. 30, 4; Tayl. Comm. in Leg. Decemv.) The literal meaning, on the other hand, is advocated by Aulus Gellius and other writers of antiquity, and receives support from an expression (semoto omni cruciatu) in the Roman code itself. (Aul. Gel. Noctes Atticje, lib. 20, c. 1: Code, 7, 7, 8.) This is also the opinion of Gibbon, Gravina, Pothier, Hugo, and Niehbuhr. (3 Gib. Rom. Emp., Am. Ed., p. 183; Grav. de Jur. Nat Gent, et XII. Tab. f 72; Poth. Introd. Pand.; Hugo, Hist du Droit Rom. torn, i., p. 233, f 149; 2 Neibh. Hist Rom. p. 597; 1 Kent, Comm. 523, note.) Burrill.