city and whatever there is in the houses in which a serf
residing in the country does not live, and the sheep and
the larger animals which do not belong to the serf, shall
belong to the sons; but all the rest of the property shall
be divided fairly, and the sons, howsoever many there be,
shall receive two parts each, and the daughters one part
each. Th e mother’s property also shall be divided, in case
she dies, as is written for the father’s. And if there should
be no property but a house, the daughters shall receive
their share as is written. And if a father while living
may wish to give to his married daughter, let him give
according to what is written, but not more...
X. As long as a father lives, no one shall purchase any
of his property from a son, or take it on mortgage;
but whatever the son himself may have acquired or
inherited, he may sell if he will; nor shall the father
sell or pledge the property of his children, whatever
they have themselves acquired or succeeded to, nor
the husband that of his wife, nor the son that of the
mother.... If a mother die leaving children, the father
shall be trustee of the mother’s property, but he shall not
sell or mortgage unless the children assent, being of age;
and if anyone shall otherwise purchase or take on pledge
the property, it shall still belong to the children; and to
the purchaser or pledgor the seller or pledgee shall pay
twofold the value in damages. But if he wed another, the
children shall have control of the mother’s property.
XI. If a slave going to a free woman shall wed her,
the children shall be free; but if the free woman to
a slave, the children shall be slaves; and if from the
same mother free and slave children be born, if the
mother die and there be property, the free children
shall have it; otherwise her free relatives shall
succeed to it.
XIV. Th e heiress shall marry the brother of the father,
the eldest of those living; and if there be more heiressesand brothers of the father, they shall marry the eldest in
succession.... But if he do not wish to marry the heiress,
the relatives of the heiress shall charge him and the
judge shall order him to marry her within two months;
and if he do not marry, she shall marry the next eldest.
If she do not wish to marry, the heiress shall have the
house and whatever is in the house, but sharing the half
of the remainder, she may marry another of her tribe,
and the other half shall go to the eldest....
XVI. A son may give to a mother or a husband to a wife
100 staters or less, but not more; if he should give more,
the relatives shall have the property. If anyone owing
money, or under obligation for damages, or during the
progress of a suit, should give away anything, unless the
rest of his property be equal to the obligation, the gift
shall be null and void. One shall not buy a man while
mortgaged until the mortgagor release him....
XVII. Adoption may take place whence one will; and the
declaration shall be made in the market-place when the
citizens are gathered. If there be no legitimate children,
the adopted shall received all the property as for
legitimates. If there be legitimate children, the adopted
son shall receive with the males the adopted son shall
have an equal share. If the adopted son shall die without
legitimate children, the property shall return to the
pertinent relatives of the adopter. A woman shall not
adopt, nor a person under puberty.
XVIII. Whatever is written for the judge to decide
according to witnesses or by oath of denial, he shall decide
as is written, but touching other matters shall decide
under oath according to matters in controversy. If a son
have given property to his mother, or a husband to his
wife, as was written before these writings, it shall not be
illegal; but hereafter gifts shall be made as here written.From: the Internet History Sourcebooks.
Available online. URL: http://www.
fordham.edu/halsall/.(cont inues)TABLE I.
- If anyone summons a man before the magistrate, he
must go. If the man summoned does not go, let the one
summoning him call the bystanders to witness and then
take him by force.
2. If he shirks or runs away, let the summoner lay hands
on him.
3. If illness or old age is the hindrance, let the
summoner provide a team. He need not provide a
covered carriage with a pallet unless he chooses.
Th e Twelve Tables, ca. 450 b.c.e.
Rome636 laws and legal codes: primary source documents