The Twelve Tables eBook

This eBook from the Gutenberg Project consists of approximately 25 pages of information about The Twelve Tables.

The Twelve Tables eBook

This eBook from the Gutenberg Project consists of approximately 25 pages of information about The Twelve Tables.

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).

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The Twelve Tables from Project Gutenberg. Public domain.