The recording of the Twelve Tables (or the Law of the Twelve Tables) was a momentous step in the "struggle of the orders." The story of the decemviral commission appointed to formulate the laws, of its administration, and of its attempt to perpetuate its power illegally, is told by Livy. Plebeian agitation for a written compilation of the law was motivated by a desire not only to curb the arbitrary power of the patrician magistrates, but also to achieve aequatio iuris (equality before the law) for both classes. While some reforms were introduced by the decemvirs, the Law of the Twelve Tables is essentially a codification into statutory law of existing customs, and as such it reflects clearly the preponderantly agricultural and pastoral character of the Roman community of small landowners in the first century of the Republic. It is, in fact, our primary source for the social and economic conditions of the fifth century BC. Recent efforst to date the code c. 300 BC or even as late as ~200 BC are now generally rejected.
      The code is genuinely Roman in content, and the tradition that a three-man commission was sent to Athens in 454 BC to study the legislation of Solon is fanciful, although there is evidence of influences emanating from the law codes of the Greek cities of southern Italy. It is mainly a code of private law, with some provisions of sacred and public law (Livy's statment that it was "the fountainhead of all public and private law" 3.34 is an exaggeration). Notworthy are the formalism, the archaic survivals of primitive severity, the generally secular character, and the significant separation that emerges between sacral and civil law.
      The first landmark in the history of Roman law, this code was of fundamental importance in its further development. The code was never formally repealed, though many provisions became antiquated, and in theory it remained the foundation of Roman law for 1,000 years, until it was superseded by the Corpus Iuris Civilis of Justinian. Until Cicero's time it was one of the basic texts of Roman education; Cicero says (Laws 2.23.59) that in his youth Roman boys were still required to memorize it. Table I: Preliminaries to and Rules for a Trial

If plaintiff summons defendant to court,¹ he shall go. If he does not go, plaintiff shall call witness thereto. Then only shall he take defendant by force. If defendant shirks or takes to his heels, plaintiff shall lay hands on him. If disease or age is an impediment, he [who summons defendant to court] shall grant him a team; he shall not spread with cushions the covered carriage if he does not so desire. For a landowner, a landowner shall be surety; but for a proletarian person, let anyone who is willing be his protector.² There shall be the same right of bond and coneyance with the Roman people for a person restored to allegiance as for a loyal person.³ When parties make a settlement of the case, the judge⁴ shall announce it. If they do not reach a settlement, they shall state the outline of their case in the meeting place or Forum before noon. They shall plead it out together in person. After noon, the judge shall adjudge the case to the party present. If both be present, sunset shall be the time limit [of proceedings].

¹That is, into the presence of the consuls at the time of the Twelve Tables. Subpoena was oral and was accompanied by touching the tip of the ear of the defendant.
²The vindex, or surety, was required to appear before the magistrate in place of the defendant at a preliminary trial before an action could begin.
³Apparently the right of making contracts and conveyances with Roman citizens was guaranteed to Latin allies even in the case of formerly rebellious peoples.
⁴ The iudex, or judge, agreed upon by both parties at the preliminary trial.

Table II: Further Enactments on Trials

      Action under solemn deposit:⁵ 500 as pieces⁶ is the sum when the object of dispute under solemn deposit is valued at 1,000 in bronze or more, fifty pieces when less. Where the controversy concerns the liberty of a human being, fifty pieces shall be the solemn deposit under which the dispute should be undertaken. If any of these be impediment for judge, referee,⁷ or party, on that account the day of trial shall be broken off. Whoever is in need of evidence, he shall go on every third day to call out loudly before witness' doorway.

⁵The sacramentum, or "solemn deposit," was a legal action in civil cases, whereby both parties to the litigation deposited a stake which was forfeited to the state by the loser.
⁶The as was the Roman bronze monetary unit, originally a pound ingot of copper divided into 12 unciae. By the Aternian-Tarpeian Law of 454 BC the following official equation of values was laid down: 1 ox = 100 sheep = 100 pounds bronze.
⁷An arbiter, or "referee," for complicated cases.

Table III: Execution, Law of Debt

      When a debt has been acknowledged, or judgment about the matter has been pronounced in court, 30 days must be the legitimate time of grace. After that, the debtor may be arrested by laying on of hands. Bring him into court. If he does not satisfy the judgment, or no one in court offers himself as surety in his behalf, the creditor may take the defaulter with him. He may bind him either in stocks or in fetters; he may bind him with a weight no more than fifteen pounds, or with less if he shall so desire. The debtor, if he wishes, may live on his own. If he does not live on his own, the person [who shall hold him in bonds] shall give him one pound of grits for each day. He may give more if so desires.
     Unless they make a settlment, debtors shall be held in bonds for 60 days. During that time they shall be brought before the praetor's court in the meeting place on three successive market days, and the amount for which they are judged liable shall be announced; on the third market day they shall suffer capital punishment or be delivered up for sale abroad, across the Tiber.
     On the third market day creditors shall cut pieces.⁸ Should they have cut more or less than their due, it shall be with impunity.
     Against a stranger, title of ownership shall hold good forever.<sup>9

8</sup>The majority of modern authorities agree with ancient commentators' literal interpretation that the Twelve Tables authorized actual cutting up of the debtor's body, though in customary practice the debtor's estate may have been divided.
⁹This probably means that if a thing is stolen or captured by an enemy, usucapio (long-term possession) never validates ownership.