Twelve Tables Essay, Research Paper
Written c. 450, the first written codification of Roman jurisprudence. For Summary, see Prof. Adams & # 8217 ; Handout.
1. If anyone summons a adult male before the magistrate, he must travel. If the adult male summoned does non travel, allow the one citing him name the bystanders to witness and so take him by force.
2. If he shirks or runs off, allow the summoner lay custodies on him.
3. If unwellness or old age is the hinderance, allow the summoner provide a squad. He need non supply a covered passenger car with a palette unless he chooses.
4. Let the defender of a landowner be a landowner ; for one of the labor, allow anyone that cares, be defender.
6-9. When the litigators settle their instance by via media, allow the magistrate announce it. If they do non compromise, allow them province each his ain side of the instance, in the comitium of the forum before midday. Afterwards allow them speak it out together, while both are present. After midday, in instance either party has failed to look, allow the magistrate pronounce judgement in favour of the 1 who is present. If both are present the test may last until sundowns but no subsequently.
2. He whose informant has failed to look may cite him by loud calls before his house every 3rd twenty-four hours.
1. One who has confessed a debt, or against whom judgement has been pronounced, shall hold 30 yearss to pay it in. After that physical ictus of his individual is allowed. The creditor shall convey him before the magistrate. Unless he pays the sum of the judgement or some one in the presence of the magistrate interferes in his behalf as defender the creditor so shall take him place and fix him in stocks or hobbles. He shall fix him with non less than 15 lbs of weight or, if he choose, with more. If the captive choose, he may supply his ain nutrient. If he does non, the creditor must give him a lb of meal day-to-day ; if he choose he may give him more.
2. On the 3rd market twenty-four hours allow them split his organic structure among them. If they cut more or less than each one & # 8217 ; s portion it shall be no offense.
3. Against a alien the right in belongings shall be valid everlastingly.
1. A awfully deformed child shall be rapidly killed.
2. If a male parent sell his boy three times, the boy shall be free from his male parent.
3. As a adult male has provided in his will in respect to his money and the attention of his belongings, so allow it be adhering. If he has no inheritor and dies intestate, allow the nearest patrikin have the heritage. If there is no patrikin, allow the members of his names have the heritage.
4. If one is huffy but has no defender, the power over him and his money shall belong to his patrikins and the members of his names.
5. A kid born after 10 months since the male parent & # 8217 ; s decease will non be admitted into a legal heritage.
1. Females should stay in care even when they have attained their bulk.
1. When one makes a bond and a conveyance of belongings, as he has made formal declaration so allow it be adhering.
3. A beam that is built into a house or a vinery trellis one may non take from its topographic point.
5. Usucapio of movable things requires one twelvemonth & # 8217 ; s ownership for its completion ; but usucapio of an estate and edifices two old ages.
6. Any wo
adult male who does non wish to be subjected in this mode to the manus of her hubby should be absent three darks in sequence every twelvemonth, and so disrupt the usucapio of each twelvemonth.
1. Let them maintain the route in order. If they have non paved it, a adult male may drive his squad where he likes.
9. Should a tree on a neighbour & # 8217 ; s farm be bend crooked by the air current and thin over your farm, you may take legal action for remotion of that tree.
10. A adult male might garner up fruit that was falling down onto another adult male & # 8217 ; s farm.
2. If one has maimed a limb and does non compromise with the injured individual, allow there be revenge. If one has broken a bone of a freewoman with his manus or with a cudgel, allow him pay a punishment of three 100 coins If he has broken the bone of a slave, allow him hold one hundred and 50 coins. If one is guilty of abuse, the punishment shall be 25 coins.
3. If one is slain while perpetrating larceny by dark, he is justly slain.
4. If a frequenter shall hold devised any fraudulence against his client, allow him be accursed.
5. If one shall allow himself to be summoned as a informant, or has been a weigher, if he does non give his testimony, allow him be noted as dishonest and incapable of moving once more as informant.
10. Any individual who destroys by firing any edifice or pile of maize deposited alongside a house shall be bound, scourged, and put to decease by firing at the interest provided that he has committed the said misbehavior with maliciousness aforethought ; but if he shall hold committed it by accident, that is, by carelessness, it is ordained that he repair the harm or, if he be excessively hapless to be competent for such penalty, he shall have a lighter penalty.
12. If the larceny has been done by dark, if the proprietor kills the stealer, the stealer shall be held to be legitimately killed.
13. It is improper for a stealer to be killed by twenty-four hours & # 8230 ; .unless he defends himself with a arm ; even though he has come with a arm, unless he shall utilize the arm and battle back, you shall non kill him. And even if he resists, foremost name out so that person may hear and come up.
23. A individual who had been found guilty of giving false informant shall be hurled down from the Tarpeian Rock.
26. No individual shall keep meetings by dark in the metropolis.
4. The punishment shall be capital for a justice or supreme authority lawfully appointed who has been found guilty of having a payoff for giving a determination.
5. Treason: he who shall hold roused up a public enemy or handed over a citizen to a public enemy must endure capital penalty.
6. Puting to decease of any adult male, whosoever he might be unconvicted is out.
1. None is to bury or fire a cadaver in the metropolis.
3. The adult females shall non rupture their faces nor lament on history of the funeral.
5. If one obtains a Crown himself, or if his movable does so because of his award and heroism, if it is placed on his caput, or the caput of his parents, it shall be no offense.
1. Marriages should non take topographic point between plebeians and patricians.
2. If a slave shall hold committed larceny or done harm with his maestro & # 8221 ; s cognition, the action for amendss is in the slave & # 8217 ; s name.
5. Whatever the people had last ordained should be held as binding by jurisprudence.