Twelve Tables Essay Research Paper Twelve TablesWritten

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Twelve Tables Essay, Research Paper Twelve Tables Written c. 450, the first written code of Roman law. For Summary, see Prof. Adams’ Handout. Table I. 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. 2. If he shirks or runs away, let the summoner lay hands on him. 3. 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. 4. Let the protector of a landholder be a landholder; for one of the proletariat, let anyone that cares, be protector. 6-9. 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 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. Table II. 2. He whose witness has failed to appear may summon him by loud calls before his house every third day. Table III. 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. 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. 3. Against a foreigner the right in property shall be valid forever. Table IV. 1. A dreadfully deformed child shall be quickly killed. 2. If a father sell his son three times, the son shall be free from his father. 3. 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. 4. 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. 5. A child born after ten months since the father’s death will not be admitted into a legal inheritance. Table V. 1. Females should remain in guardianship even when they have attained their majority. Table VI. 1. When one makes a bond and a conveyance of property, as he has made formal declaration so let it be binding. 3. A beam that is built into a house or a vineyard trellis one may not take from its place. 5. Usucapio of movable things requires one year’s possession for its

completion; but usucapio of an estate and buildings two years. 6. Any woman who does not wish to be subjected in this manner to the hand of her husband should be absent three nights in succession every year, and so interrupt the usucapio of each year. Table VII. 1. Let them keep the road in order. If they have not paved it, a man may drive his team where he likes. 9. Should a tree on a neighbor’s farm be bend crooked by the wind and lean over your farm, you may take legal action for removal of that tree. 10. A man might gather up fruit that was falling down onto another man’s farm. Table VIII. 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