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(3.) 10. 3 intra pecuniam versabitur taxatio (the penalty will be limited to money). Having considered how the iudex would assess the benefit (7. 4–9) and how he would pg 214set the day for repayment (10. 1–2), Seneca turns to the specification of the appropriate penalty. A taxatio is a limit on the payment to be imposed on the defendant, as set in the formula given to the iudex in an actio incertae creditae pecuniae (Gaius, Inst. 4. 50–2). Here, the limit is the fact that nothing beyond money can be demanded, though only a capital penalty could be equal to the benefit of life.

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