Duodecim Tabularum. Tradition tells us that the code was composed by a commission, first of ten and then of twelve men, in B. If the plaintiff summons the defendant to court the defendant shall go.
If the defendant does not go the plaintiff shall call a witness thereto. Only then the plaintiff shall seize the defendant. If sickness or age is an impediment he who summons the defendant to court shall grant him a vehicle. If he a does not wish he shall not spread a carriage with cushions.
For a freeholder' a freeholder shall be surety; for a proletary anyone who wishes shall be surety. There shall be the same right of bond and of conveyance with the Roman people for a steadfast person and for a person restored to allegiance.
If they agree not on terms the parties shall state their case before the assembly in the meeting place or before the magistrate in the market place before noon. Both parties being present shall plead the case throughout together. If one of the parties does not appear the magistrate shall adjudge the case, after noon, in favor of the one present. The penal sum in an action by solemn deposit shall be either asses or 50 asses It shall be argued by solemn deposit with asses, when the property is valued at 1, asses or more, but with 50 asses, when the property is valued at less than 1, asses.
But if the controversy is about the freedom of a person, although the person may be very valuable, yet the case shall be argued by a solemn deposit of 50 asses. An action by demand for a judex If any of these circumstances is an impediment for the judex or for the arbiter or for either litigant, on that account the day of trial shall be postponed.
