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writings, and for matters previous, however any one be, there shall no longer be right to sue either for the adopted or against the adopted.

SUPPLEMENTARY PROVISIONS

SECTION 15 (Cf. SEC. 1)

Whoever leads away a man before trial, shall always be received(?).

SECTION 16

A judge, whatever it has been written he should judge according to witnesses or as denied on oath, shall so judge as has been written; and in respect of other matters he shall decide on oath in reference to the matters in contention.

SECTION 17 (Cf. SEC. 11)

If (a man) die, owing money or having lost a suit, if those to whomsoever it belongs will to take over the goods, to restore for him the damages and the money to whomsoever he owes, they shall have the goods. And if they will not, the goods shall be at the disposal of those who won the suit or those to whom he owes the money, and other damage there shall be none to those who belong. And there shall be led away on account of the father the father's goods, and on account of the mother the mother's goods.

SECTION 18 (Cf. SEC. 3)

A woman who ever separates from a man, if the judge shall adjudge an oath, shall deny on oath within twenty days in the presence of the judge. Whatever he imputes to her, he shall give notice (thereof) at the commencement(?) of the suit to the woman and to the judge and to the registrar the fourth day before in the presence of

XII. [14 lines wanting.]

SECTION 19 (Cf. SECS. 3, 12)

...

If a son gave goods to his mother or a man to a woman, as has been written before these writings, there shall be no right to sue; but for the future he shall give as has been written.

SECTION 20 (Cf. SEC. 10)

Heiresses, if there be no orphan-judges, so long as they are unripe, shall be dealt with in accordance with what has been written. And whenever(?), there being no one belonging and no orphan-judges, an heiress be brought up with her mother, the father's brother and the mother's brother, who have been written, shall manage the goods and the produce, however they best can, until she be wedded. And she shall be wedded, when aged twelve years or older.

CHAPTER XVIII

THE TWELVE TABLES1

I

1. If [a man] call [another] to law, he shall go. If he go not, they shall witness it; then he shall be seized.

2. If he flee or evade, lay hands on him as he goes.

3. If illness or age hinder, an ox-team shall be given him, but not a covered carriage, if he [defendant ?] does not wish.

4. For a rich citizen the surety shall be a rich one; for a poor one, whoever offers shall be surety.

5. [Missing.]

6. Where they settle the matter, let it be told.

7. If they settle not, they shall join issue in the assembly or in the forum before midday, then they shall plead and prove, both being present.

8. After midday, the cause shall be adjudged to the party present [if the other has failed to appear].

9. If both attend, sunset shall be the last moment [of the cause].

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2. A grievous illness. . . or a date sworn with a non-citizen if any of these happen to judge or arbiter or defendant, the

date [for the suit] shall be put over.

3. He who needs a witness shall within three days go to his house and notify him.

III

1. In suits of money debt, after judgment by law, thirty days shall be allowed.

2. Afterwards, he shall be hand-grasped, and led to law.

[Translated by JOHN H. WIGMORE from the restored text as given in C. G. Bruns's "Fontes juris Romani Antiqui," 7th ed., 1909, edited by Otto Gradenwitz, following Th. Mommsen. The traditional date given by Livy for their enactment is 304 a.u.c., or 450 B.C.]

3. If he do not what is adjudged, or if no one becomes surety for him as he goes to court, he shall be led away and bound with fetters or shackles of weight not more than 15 [pounds], or if he [plaintiff] wills, of lesser weight.

4. If [the debtor] will, he shall feed at his own cost. If not, he who has him bound shall give a pound of meal a day, more if he wishes.

5. [Missing. The debtor could be kept for sixty days, i.e. three market-days, being taken to court at intervals.]

6. On the third market-day, they may divide up his [body-] parts. If they divide more or less [than each one's share], it shall not be wrongful.

7. Against a non-citizen, there shall be a perpetual right.

...

1. [Missing.]

IV

2. If a father thrice give his son for sale, the son shall be free

from the father.

3, 4. [Missing.]

V

1, 2. [Missing. The status of women.]

3. As a man [when alive] shall have ordered concerning his

money or the custody of his estate, so the law shall do.

4. If he dies without a will, and no heir of his exists, the nearest agnate shall have the family.

5. If no agnate exists, the gentiles shall have the family.

6. [Missing.]

7. If a man become insane, his money and his family power

shall go to his agnates and gentiles.

8, 9, 10. [Missing or fragmentary.]

...

VI

1. When a contract or transfer is to be made, what the tongue

has pronounced, so the law 'shall do.

2, 3, 4. [Missing.]

5. If [two] men contend with hands before the court

[with reference to an article to be sold, pledged, etc.].

6. [Missing.]

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7. Timber once built into [another person's] house or vinetrellis shall not be taken out of its place [by the former owner].

8. [Missing. Prescribes a penalty of double for the person

who used the timber.]

9. [Fragment only.]

VII

1-6. [Missing. Deal with walls, fields, roads, boundaries.] 7. [The abutting owner] shall wall the highway. If the stonework fall into disrepair, [the traveller] may drive his team whither he will.

...

8. If rain-water [from the neighbor's eaves] does harm 9-12. [Missing. Deal with easements, sales, emancipations.]

VIII

1. Whoever shall chant an evil spell

2. If [a man] has broken the limb [of another] and does not settle with him, let there be retaliation.

3. If [a man] with fist or club breaks the bone [of another] he is liable to penalty, of 300 [pence] if done to a free man, 150 if done to a slave.

4. If he makes an assault, 25 [pence] are the penalty. 5-11. [Missing, or fragmentary. Deal with damage by animals, evil spells for crops, night trespasses, arson, tree-cutting, etc.]

12. If by night [a man] have done a theft, and [the owner] kill him, let him be [as if] killed by law.

13. If by daylight... [a man commit a theft, and] defend himself with a spear [you may kill him) and shall make hue

and cry.

14, 15. [Missing or fragmentary. Deal with theft.] 16. If he does a theft but he is not detected in the act [double value shall be paid].

17-20. [Missing. Deal further with theft.]

21. If a patron defrauds a client, he shall be accursed.

...

22. He who has promised to bear witness or has acted as weigher, if he bear not testimony [when required], shall be deemed a miscreant and disqualified thereafter to be a witness.

23. [Missing. False witness shall be cast from the Tarpeian Rock.]

24. If a spear escape from the hand, without being thrown, [and kill another person, atonement shall be made]. 25-27. [Missing. Deal with poisoning, night brawls, etc.]

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