Author: * Vipsania Augustus -
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Date: May 26, 2008 - 15:27
Lucius stood, took a deep breath to calm himself, and approached the jurists.
“My fellow citizens, as you shall see, the case of Octavius versus Galba is a simple one. My client Octavius is a hardworking, honest farmer. His neighbor, Galba, is also a farmer. On more occasions that one can count on two hands and two feet, Galba has allowed his cattle to wander onto and, more recently, graze on the grapes of Octavius.
“On each occasion, Octavius, being the good neighbor that he is, rounded up the cattle and drove them, without harm, back onto the property of Galba. Octavius was accompanied by his eldest son Gaius on each occasion. Each time, Octavius would tell Galba that his cattle had wandered onto his land and that he should take care to keep his cattle on his own property less they damage his vineyard. The last few times that Galba’s cattle wandered onto Octavius’ property, Octavius and his son witnessed the cattle eating the grapes in the vineyard and trampling upon the grapevines. On these occasions, a neighboring farmer, Marcus Valerius, bore witness to the damage done by the cattle. Again, Octavius and his son drove the cattle back onto the land of Galba and again without harm.
“The final insult came when the cattle wandered into the kitchen of the Villa Octavianus. The cattle had eaten a large basket of grain stored in the kitchen, peaches, and grapes. They broke expensive blue glassware and pottery and knocked over and thus wasted a large amphora of the finest olive oil. In addition, the cattle deposited feces and urine throughout the kitchen. Again, patient Octavius extracted the cattle from his kitchen and again without harm, and drove them back to the land of Galba. Octavius told Galba of the damage inflicted by his cattle and pleaded with Galba to keep his cattle on his own property. With this, Galba mockingly laughed in Octavius’ face and offered him some cheese which had a reddish tint. This occasion was again witnessed by Gauis Octavius and Marcus Valerius.
“Octavius at his wit’s end, sought legal recourse. So what is Octavius asking to compensate for the damages and insult he and his family has suffered?
“According to the Actio de Pastu Pecoris and Lex Aquilia the owner of domesticated animals such as cattle are held responsible for damages done by their animals, whether the damage was accidental or not. The lex also states that the person whose property is damaged, must show an effort to remove the cattle as they would remove cattle of their own. Octavius performed as required of the lex. Octavius also informed Galba of the damage his cattle had done on numerous occasions, occasions which were witnessed by his eldest son Gaius and a neighbor Marcus Valerius, both of legal age and both citizens of Rome.
“Galba admitted that these were his cattle causing the damage and that he knew of the damage his cattle were causing by offering Octavius the red-tinted cheese as recompense. Octavius did not accept the cheese knowing that the damage done by Galba’s cattle far exceeded the value of the cheese.
“Therefore I am asking you, citizens of Rome, to uphold one of the fundamental laws of Rome, that of damage to property. I am asking that the cattle of Galba be awarded to Octavius, which will compensate Octavius for damage to his vineyard, kitchen and contents and prevent further damage from occurring. Thank you.”
And with his final words, Lucius walked away from the jurists and sat down.
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