The Twelve Tables eBook

This eBook from the Gutenberg Project consists of approximately 25 pages of information about The Twelve Tables.

The Twelve Tables eBook

This eBook from the Gutenberg Project consists of approximately 25 pages of information about The Twelve Tables.

TABLE IV.  PATERNAL POWER

1.  A dreadfully deformed child shall be killed quickly.

2.  If a father thrice surrender a son for sale, the son shall be free from the father.[15]

3. [To repudiate his wife her husband] shall order her to mind her own affairs, shall take [her] keys [, shall expel her].

4.  Into a legal inheritance he who has been in the womb (in utero) is admitted [, if he shall have been born].[16]

TABLE V. INHERITANCE AND GUARDIANSHIP

1.  Women shall remain under guardianship (tutela), even though they shall become of full age (perfecta aetas)[17] ... the Vestal Virgins are excepted [and] shall be free [from control].

2.  The mancipable (conveyable or movable) possessions of a woman who is under tutelage of [her] agnates[18] shall not be acquired rightfully by usucapion (long usage or long possession), save if these (possessions) by herself shall have been delivered with the sanction of [her] guardian (tutor).[19]

3.  According as a person shall have ordered regarding his property or the guardianship (tutela) of his estate, so shall be the law (ita ius esto).

4.  If a person die intestate (intestatus) and have no self-successor (suus heres), the [deceased’s] nearest male agnate shall have possession of the estate.

5.  If there be no male agnate, the [deceased’s] clansmen[20] shall have possession of the estate.

6.  To persons[21] for whom a guardian (tutor) shall not have been appointed by will (testamentum), to them [their] agnates shall be guardians.

7.  If a person be insane (furiosus), if there be not a guardian (custos) for him, rightful authority over his person and over his property shall belong to [his] agnates and [in default of these] to [his] clansmen.  If a person be a spendthrift (prodigus), he shall be prohibited from [administering his own] goods and he shall be under the guardianship (curatio) of [his] agnates.

8.  If a freedman (libertus) shall have died intestate without self-successor, [his] patron (patronus) shall take the inheritance of a Roman citizen-freedman ... from said household into said household.

9.  Items which are in the category of debts [due to or incurred by a deceased person] shall be divided [among his consuccessors] by mere operation of law (ipso iure) [in proportion] to [their] portions of the inheritance.[22]

10.  Apportionment of an estate (actio familiae erciscundae) [occurs], when coheirs (coheres) wish to withdraw from common [and equal] participation [in the inheritance].[23]

TABLE VI.  OWNERSHIP AND POSSESSION

1.  When a person shall make bond (nexum) and conveyance (mancipium), according as he has specified with [his] tongue, so shall be the law (ita ius esto).

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The Twelve Tables from Project Gutenberg. Public domain.