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].

The Twelve Tables · 第 7 / 29 题