Twelve Tables: Difference between revisions

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The Law of the Twelve Tables (Latin: Leges Duodecem Tabularum or Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. The Law of the Twelve Tables formed the centrepiece of the constitution of the Roman Republic and the core of the mos maiorum (custom of the ancestors).

The Twelve Tables came about as a result of the long social struggle between patricians and plebeians. After the expulsion of the last king of Rome, Tarquinius Superbus, the Republic was governed by a hierarchy of magistrates. Initially only patricians were eligible to become magistrates and this, among other plebeian complaints, was a source of discontent for plebeians. In the context of this unequal status, plebeians would take action to secure concessions for themselves using the threat of secession. They would threaten to leave the city with the consequence that it would grind to a halt, as the plebeians were Rome's labour force. One of the most important concessions won in this class struggle was the establishment of the Twelve Tables, establishing basic procedural rights for all Roman citizens as against one another.^[1]

Patricians long opposed this request, but around 451 BC, the first decemviri (decemvirate - board of "Ten Men") was appointed to draw up the first ten tables. According to Livy, they sent an embassy to Greece to study the legislative system of Athens, known as the Solonian Constitution, but also to find out about the legislation of other Greek cities.^[2][3] Modern scholars believe the Roman assembly most likely visited the Greek cities of Southern Italy, and did not travel all the way to Greece.^[4] In 450 BC, the second decemviri started work on the last two tables.

The first decemvirate completed the first ten codes in 450 BC. Here is how Livy describes their creation,

"...every citizen should quietly consider each point, then talk it over with his friends, and, finally, bring forward for public discussion any additions or subtractions which seemed desirable." (cf. Liv. III 34)

In 449 BC, the second decemvirate completed the last two codes, and after a secessio plebis to force the Senate to consider them, the Law of the Twelve Tables was formally promulgated.^[5] The Twelve Tables were drawn up on twelve ivory tablets (Livy says bronze) which were posted in the Roman Forum so all Romans could read and know them. It was not a comprehensive statement of all law, but a sequence of definitions of various private rights and procedures. They generally took for granted such things as the institutions of the family and various rituals for formal transactions.

For such an important document, it is somewhat surprising that the original text has been lost. The original tablets were destroyed when the Gauls under Brennus burnt Rome in 390 BC. There was no other official promulgation of them to survive, only unofficial editions. What we have of them today are brief excerpts and quotations from these laws in other authors. They are written in a strange, archaic, laconic, and somewhat childish and sing-song version of Latin (described as Saturnian verse). As such, though we cannot tell whether the quoted fragments accurately preserve the original form, what we have gives us some insight into the grammar of early Latin. The belief is that the text was written as such so plebians could more easily memorize the laws, as literacy was not commonplace during early Rome.

Like most other early codes of law, they were largely procedural, combining strict and rigorous penalties with equally strict and rigorous procedural forms. In most of the surviving quotations from these texts, the original table that held them is not given. Scholars have guessed at where surviving fragments belong by comparing them with the few known attributions and records, many of which do not include the original lines, but paraphrases. It cannot be known with any certainty from what survives that the originals ever were organized this way, or even if they ever were organized by subject at all.

• Durant, W. (1942). The Story of Civilization. Simon and Schuster. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
• Livy; De Sélincourt, A.; Ogilvie, R. M.; Oakley, S. P. (2002). The early history of Rome: books I-V of The history of Rome from its foundations. Penguin Classics. ISBN 0-14-044809-8. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
• Goodwin, Dr Frederick (1886). The XII Tables. Stevens & Sons, London. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)

Wikisource has the text of the 1921 Collier's Encyclopedia article Twelve Tables.

• Translation of the entire text of Twelve Tables, with footnotes
• Original text of the Twelve Tables in Latin
• The Roman Law Library by Professor Yves Lassard and Alexandr Koptev (Cf. Leges)
• History of Law