The Twelve Tables | Page 2

plaintiff) shall lay hand [on the defendant].
3. If disease or [old] age shall be an impediment, he who shall summon
[the defendant] to court (in ius) shall grant [him] a conveyance; if he
(the plaintiff) shall not wish, he (the plaintiff) shall not spread [with
cushions] a covered carriage.
4. For a freeholder (taxpayer whose fortune is valued at not less than
1,500 asses[6]) a freeholder shall be surety (vindex) [for his appearance
at trial]. For a proletary (non-taxpayer whose fortune is rated at less
than a freeholder's) any one who shall be willing shall be surety
(vindex).
5. When they (the parties) come to terms, [an official] shall announce
[it].[7]
6. If they (the parties) agree not on terms, they shall state [their] case in
the comitium (meeting-place) or, in the forum (market-place) ere noon.
Both (parties) shall appear in person and shall argue the matter.
7. [If one of the parties shall not have appeared,] after noon [the judge]
shall adjudge the case (lis) in favor of him present.
8. If both (parties) be present, sunset shall be the time-limit [of the
proceedings].

9. [Both parties shall post] sureties (vades) and subsureties (subvades)
[for their appearance].

TABLE II. TRIAL
1. The legal action of solemn deposit (sacramenti actio) [demands that
each litigant shall wager either 500 asses or 50 asses]: 500 asses for
solemn deposit (sacramentum) when the subject of the dispute [is
valued at] 1,000 asses or more, 50 asses when [estimated at] less [than
1,000 asses]. [But] if the controversy concerns the liberty of a human
being [, however valuable may be the person], the solemn deposit
(sacramentum) [shall be] 50 asses.
2. A dangerous disease or a day appointed [for the hearing of a case]
with an alien [, when the latter is a party] ... If any of these
(circumstances) be an impediment for judge (index)[8] or arbitrator
(arbiter)[9] or party (reus),[10] on this account the day of trial shall be
deferred.
3. Whoever shall have need of evidence, he shall go on every third
day[11] to cry[12] before the doorway [of the witness's house].

TABLE III. DEBT
1. Of debt acknowledged and for matters judged in court (in iure) thirty
days shall be allowed by law [for payment or for satisfaction].[13]
2. After that [elapse of thirty days without payment] hand shall be laid
on (manus iniectio) [the debtor]. He shall be brought into court (in ius).
3. Unless he (the debtor) discharge the debt or unless some one appear
in court (in iure) to guarantee payment for him, he (the creditor) shall
take [the debtor] with him. He shall bind [him] either with thong or
with fetters, of which the weight shall be not less than fifteen pounds or
shall be more, if he (the creditor) choose.

4. If he (the debtor) choose, he shall live on his own [means]. If he live
not on his own [means], [the creditor,] who shall hold him in bonds,
shall give [him] a pound of bread daily; if he (the creditor) shall so
desire, he shall give [him] more.
5. Unless they (the debtors) make a compromise, they (the debtors)
shall be held in bonds for sixty days. During those days they shall be
brought to [the magistrate] into the comitium (meeting-place) on three
successive market-days and the amount for which they have been
judged liable shall be declared publicly. Moreover on the third
market-day they (the debtors) shall suffer capital punishment (capite
poenae) or shall be delivered for sale beyond the Tiber [River].
6. On the third market-day they (the creditors) shall cut pieces.[14] If
they shall have cut more or less [than their shares], it shall be with
impunity (s[in]e fraude).

TABLE IV. PATERNAL POWER
1. A dreadfully deformed child shall be killed quickly.
2. If a father thrice surrender a son for sale, the son shall be free from
the father.[15]
3. [To repudiate his wife her husband] shall order her to mind her own
affairs, shall take [her] keys [, shall expel her].
4. Into a legal inheritance he who has been in the womb (in utero) is
admitted [, if he shall have been born].[16]

TABLE V. INHERITANCE AND GUARDIANSHIP
1. Women shall remain under guardianship (tutela), even though they
shall become of full age (perfecta aetas)[17] ... the Vestal Virgins are
excepted [and] shall be free [from control].

2. The mancipable (conveyable or movable) possessions of a woman
who is under tutelage of [her] agnates[18] shall not be acquired
rightfully by usucapion (long usage or long possession), save if these
(possessions) by herself shall have been delivered with the sanction of
[her] guardian (tutor).[19]
3. According as a person shall have ordered regarding his property or
the guardianship (tutela) of his estate, so shall be the law