on oath; and if he should win that it is not the heiress's, he shall contend, in whatever way it belongs (to contend) as each thing is written.

SECTION 11

PROCEDURE IN CERTAIN CASES OF SURETYSHIP AND OTHER OBLIGATIONS

If a man should die having become surety or having lost a suit, or owing securities(?), or having cheated(?) or having made an agreement (?), or another to him, (he) shall contend in the course of the first year: and the judge shall give judgment in reference to the matters in contention. If he contend upon a suit won, the judge and the registrar if he be alive and a citizen, and the witnesses who belong (shall declare), and of a suretyship and of securities (?), and of cheating(?) and of an agreement(?), those who belong shall declare as witnesses. And if they fail, he shall adjudge that (the plaintiff), himself on oath and the witnesses, shall win the single value.

If a son become surety, so long as his father live, he shall be led away, himself and the goods, whatever he has acquired.

If any one do not give back [1 lines broken] . . . if grown witnesses declare, in case of a hundred staters or more, three (witnesses), in case of less as far as ten staters, two, in case of less, one, he shall give judgment in reference to the declaration made. And if the witnesses should not X. declare, . . . [2 lines broken] . . . he shall either deny on oath or [15 lines wanting.]

SECTION 12

LIMITATION OF GIFTS IN PREJUDICE OF THOSE HAVING

. son to mother

CLAIMS

a hundred staters or less, but

not more; and if (he) should give more, if those belonging will, they shall pay back the money and have the goods. But if any one should give while owing money, or when cast in damages or while a suit is in contention, if the remainder should not be of the worth of the damages, the gift shall be of no good.

SECTION 13

PROHIBITION TO SELL OR PLEDGE A PLEDGED OR DISPUTED SLAVE

L

(One) shall not buy a man that is pledged before he that pledged have redeemed (him), nor one who is under contention, nor receive (such a gift?), nor obtain promise (of him), nor take (him), in pledge. And if any one should do any of these things, it shall be of no good, if two witnesses should declare (it).

SECTION 14

ADOPTION

Adoption shall be whenever any one will. Adoption shall be in the market-place, when the citizens are assembled, from the stone from which addresses are made. And the adopter shall give to his own club a victim and a pitcher of wine.

And if (the adopted) take over all the goods and there dwell(?) not with him natural children, he shall perform the divine and human (duties) of the adopter and take them on himself as is written for natural children. And if he will not to perform them as is written, those belonging shall have the goods. But if there be natural children to the adopter, with the males (shall share) the adopted as the females have allotted to them from their brothers; XI. and if there be no males but females, the adopted (male) shall have an equal share: and he shall not be obliged to perform the duties of the adopter and to take to himself the goods, whatever the adopter have left; and more the adopted shall not come to.

And if the adopted should die without leaving natural children, the goods shall return to those who belong to the adopter.

And if the adopter (will?), he shall renounce in the market-place from the stone from which addresses are made, when the citizens are assembled. And he shall hand over . . . staters to the law-court. And the registrar shall give them back as a guest-present to him that was renounced.

And a woman shall not adopt, nor shall an ungrown male.
And these shall be dealt with, as he has written these

XII.

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 . . . [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].

10. [Missing.]

1. [Missing.]

II

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.]