The Twelve Tables | Page 2

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 (ita ius esto).
4. If a person die intestate (intestatus) and have no self-successor (suus heres), the [deceased's] nearest male agnate shall have possession of the estate.
5. If there be no male agnate, the [deceased's] clansmen[20] shall have possession of the estate.
6. To persons[21] for whom a guardian (tutor) shall not have been appointed by will (testamentum), to them [their]