Gaius, On the Law of the Twelve Tables, Book I. Being about to give an interpretation of ancient laws, I have thought it necessary, in the first place, to go back to the origin of the City, not because I wish to make extensive commentaries, but for the reason that I notice that that is perfect in all things which is finished in all its parts; and indeed the most important part of anything is the beginning. Then, where causes are argued in the forum, if I should say that it is abominable to state the matter to the judge without making any previous remarks, it would be much more improper for those making an explanation to neglect the beginning and avoid reference to the origin of the case; proceeding with unwashed hands, so to speak, without delay to discuss the question which is to be decided. For, unless I am mistaken, these previous explanations render persons more inclined to examine the question at issue, and when we have approached it, make the comprehension of the subject more clear.

Gaius, On the Law of the Twelve Tables, Book I. Many authorities have held that it was not lawful to summon anyone to court from his own house; because the house of every individual should be for him a perfectly secure refuge and shelter, and that he who summons a person therefrom, must be considered as having employed violence.

Gaius, On the Law of the Twelve Tables, Book I. There is no doubt that a man can be lawfully summoned from his vineyard, the bath, or the theatre.

Gaius, On the Law of the Twelve Tables, Book I. It is not permitted to summon girls who have not arrived at puberty, and who are subject to the control of another. 1A man who is summoned should be dismissed in two instances; first, when anyone undertakes his defence; and second, when the controversy has been settled before the parties have come into court.

Gaius, On the Law of the Twelve Tables, Book I. Where he who has given a surety does not appear because he is absent on public business, it is unjust for the surety to be required to appear on behalf of the other, when the latter is not free to do so.

Gaius, On the Law of the Twelve Tables, Book I. It should be remembered that those who cut down trees, and especially vines, are also punished as thieves.

The Same, On the Law of the Twelve Tables, Book I. The following expressions, “If he deceives,” “If he is in default,” “If he frustrates,” are the sources from which the term “calumniators” is derived because they annoy others with lawsuits through fraud and deceit. 1On the third day after the Kalends of January, prayers are offered for the preservation of the Emperor. 2Ordinarily speaking, whatever is discharged from a bow is called a dart; now, however, it means anything which is cast by the hand; and it follows that even a stone, or a piece of wood, or iron, are included in this term. It is so called because it is sent to a distance, and is what the Greeks designate something which is thrown to a distance. We can detect this meaning in the Greek word, for what we call a dart, they style which usually means something dispatched from a bow, but it also signifies anything projected by the hand. Xenophon informs us of this fact, for he says, “They carried darts, spears, arrows, slings, and also stones.” What is sent from a bow is what the Greeks call toceuma, that is to say, an arrow, but by us it is designated by the common name of “dart.”