... "the legis actiones were composed from the Twelve Tables and gave people the power to litigate by themselves"3. However, the first step in any litigation procedure was for the plaintiff to summon the defendant to court. This was generally done publicly and orally in the form of 'in ius vocatio' through which the plaintiff outlined the reasons he was summoning the defendant before the magistrate. The defendant could not refuse and if he did, the plaintiff was entitled to use by-standers as witnesses and physically force the defendant to appear before the magistrate4. The only way in which the defendant could avoid the plaintiff's summons was by using a vindex. A vindex acted as a guarantor for the defendant, guaranteeing his appearance before the magistrate when required. The vindex had to be of the same standing as the defendant as set down by the Twelve Tables. Although, there is uncertainty ...

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