The amount of detail apparently varies either with the importance of
the matter or with the degree of general or particular knowledge of
the subject supposed by the commissioners to be held commonly by the
citizens. The style is characterized by such simplicity and by such
brevity that the meaning in some instances borders upon obscurity,--at
least so far as modern interpretation is concerned.
The value of the Twelve Tables consists not in any approach to
symmetrical classification or even to terse clarity of expression, but
in the publication of the method of procedure to be adopted,
especially in civil cases, in the knowledge furnished to every Roman
of high or low degree as to what were both his legal rights and his
legal duties, in the political victory won by the plebeians, who
compelled the codification and the promulgation of what had been
largely customary law interpreted and administered by the patricians
primarily in their own interests.
THE TWELVE TABLES[5]
TABLE I. PROCEEDINGS PRELIMINARY TO TRIAL
1. If he (the plaintiff) summon [the defendant] to court (_in ius_),
he (the defendant) shall go. If he (the defendant) go not, he (the
plaintiff) shall call a witness thereto. Then only he (the plaintiff)
shall take [the defendant] by force.
2. If he (the defendant) attempt evasion or take to flight, he (the
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
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