TABLE I. PROCEEDINGS PRELIMINARY TO TRIAL

1. If he (the plaintiff) summon [the defendant] to court (_in ius_),
he (the defendant) shall go. If he (the defendant) go not, he (the
plaintiff) shall call a witness thereto. Then only he (the plaintiff)
shall take [the defendant] by force.

2. If he (the defendant) attempt evasion or take to flight, he (the
plaintiff) shall lay hand [on the defendant].

3. If disease or [old] age shall be an impediment, he who shall summon
[the defendant] to court (_in ius_) shall grant [him] a conveyance; if
he (the plaintiff) shall not wish, he (the plaintiff) shall not spread
[with cushions] a covered carriage.

4. For a freeholder (taxpayer whose fortune is valued at not less than
1,500 _asses_[6]) a freeholder shall be surety (_vindex_) [for his
appearance at trial]. For a proletary (non-taxpayer whose fortune is
rated at less than a freeholder's) any one who shall be willing shall
be surety (_vindex_).

5. When they (the parties) come to terms, [an official] shall announce
[it].[7]

6. If they (the parties) agree not on terms, they shall state [their]
case in the _comitium_ (meeting-place) or, in the _forum_
(market-place) ere noon. Both (parties) shall appear in person and
shall argue the matter.