The Two Great Republics: Rome and the United StatesLewis, James
History
The Two Great Republics: Rome and the United States
Lewis, James
Rome -- Politics and government -- 510-30 B.C.; United States -- Politics and government
During their second year of office the decemvirs prepared two more
tables of laws, and these, with the ten tables prepared during the
preceding year, constituted the famous "Law of the Twelve Tables," the
first Roman code of which we have any knowledge. Only fragmentary
extracts from these tables have come down to us, but these fragments
furnish us with such an insight into early Roman laws, institutions,
and customs that they are here inserted:
THE TWELVE TABLES
TABLE I
THE SUMMONS BEFORE THE MAGISTRATE
1. If the plaintiff summon a man to appear before the
magistrate and he refuse to go, the plaintiff shall first
call witnesses and arrest him.
2. If the defendant attempt evasion or flight, the plaintiff
shall take him by force.
3. If the defendant be prevented by illness or old age, let
him who summons him before the magistrate furnish a beast of
burden, but he need not send a covered carriage for him
unless he choose.
4. For a wealthy defendant only a wealthy man may go bail;
any one who chooses may go bail for a poor citizen of the
lowest class.
5. In case the contestants come to an agreement, the
magistrate shall announce the fact.
6. In case they come to no agreement, they shall before noon
enter the case in the comitium or forum.
7. To the party present in the afternoon the magistrate
shall award the suit.
9. Sunset shall terminate the proceedings.
10. ... sureties and sub-sureties....
TABLE II
JUDICIAL PROCEDURE
2. A serious illness or a legal appointment with an alien
... should one of these occur to the judge, arbiter, or
either party to the suit, the appointed trial must be
postponed.
3. If the witnesses of either party fail to appear, that
party shall go and serve a verbal notice at his door on
three days.
TABLE III
EXECUTION FOLLOWING CONFESSION OR JUDGMENT
1. A debtor, either by confession or judgment, shall have
thirty days' grace.
2. At the expiration of this period the plaintiff shall
serve a formal summons upon the defendant, and bring him
before the magistrate.
3. If the debt be not paid, or if no one become surety, the
plaintiff shall lead him away, and bind him with shackles
and fetters of not less than fifteen pounds' weight, and
heavier at his discretion.
4. If the debtor wish, he may live at his own expense; if
not, he in whose custody he may be shall furnish him a pound
of meal a day, more at his discretion.
6. On the third market day the creditors, if there are
several, shall divide the property. If one take more or
less, no guilt shall attach to him.
TABLE IV
PATERNAL RIGHTS
3. If a father shall thrice sell his son, the son shall be
free from the paternal authority.
TABLE V
INHERITANCE AND TUTELAGE
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