FRAGMENT
OF THE LAWS OF THE TWELVE TABLES ( 451-449 BC ) |
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1. – If
anyone summons a man before the magistrate, he must go. If the man summoned
does not go, let the one summoning him call the bystanders to witness
and then take him by force. If he shirks or runs away, let the summoner
lay hands on him. If illness or old age is the hindrance, let the summoner
provide a team. He need not provide a covered carriage with a pallet
unless he chooses. |
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2. – Let
the protector of a landholder be a landholder ;
for one of the proletariat, let anyone that cares, be protector. |
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3. – When
the litigants settle their case by compromise, let the magistrate announce
it. If they do not compromise, let them state each his own side of the
case, in the comitium ( public meeting ) of the forum before
noon. Afterwards let them talk it out together, while both are present.
After noon, in case either party has failed to appear, let the magistrate
pronounce judgment in favor of the one who is present. If both are present
the trial may last until sunset but no later. |
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Table II |
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2. – He
whose witness has failed to appear may summon him by loud calls before
his house every third ( perhaps second ) day. |
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Table III |
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1. – One
who has confessed a debt, or against whom judgment has been pronounced,
shall have thirty days to pay it in. After that forcible seizure of
his person is allowed. The creditor shall bring him before the magistrate.
Unless he pays the amount of the judgment or some one in the presence
of the magistrate interferes in his behalf as protector the creditor
so shall take him home and fasten him in stocks or fetters. He shall
fasten him with not less than fifteen pounds of weight or, if he choose,
with more. If the prisoner choose, he may furnish his own food. If he
does not, the creditor must give him a pound of meal daily ;
if he choose he may give him more. |
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2. – On
the third market day let them divide his body among them. If they cut
more or less than each one's share it shall be no crime. |
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3. – Against
a foreigner the right in property shall be valid forever. |
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Table IV |
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1. – If
a father sell his son three times, the son shall be free from his father. |
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2. – As
a man has provided in his will in regard to his money and the care of
his property, so let it be binding. If he has no heir and dies intestate,
let the nearest agnate have the inheritance. If there is no agnate,
let the members of his gens have the inheritance. |
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3. – If
one is mad but has no guardian, the power over him and his money shall
belong to his agnates and the members of his gens. |
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Table VI |
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1. – When
one makes a bond and a conveyance of property, as he has made formal
declaration so let it be binding. |
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3. – A
beam that is built into a house or a vineyard trellis one may not take
from its place. |
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Table VII |
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1. – Let
them keep the road in order. If they have not paved it, a man may drive
his team where he likes. |
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Table VIII |
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2. – If
one has maimed a limb and does not compromise with the injured person,
let there be retaliation. If one has broken a bone of a freeman with
his hand or with a cudgel, let him pay a penalty of three hundred coins
If he has broken the bone of a slave, let him have one hundred and fifty
coins. If one is guilty of insult, the penalty shall be twenty-five
coins. |
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3. – If
one is slain while committing theft by night, he is rightly slain. |
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4. – If
a patron shall have devised any deceit against his client, let him be
accursed. |
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5. – If
one shall permit himself to be summoned as a witness, or has been a
weigher, if he does not give his testimony, let him be noted as dishonest
and incapable of acting again as witness. |
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Table X |
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1. – None
is to bury or burn a corpse in the city. |
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3. – The
women shall not tear their faces nor wail on account of the funeral. |
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5. – If
one obtains a crown himself, or if his chattel does so because of his
honor and valor, if it is placed on his head, or the head of his parents,
it shall be no crime. |
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