Tuesday, January 24, 2006
The Roman "Twelve Tables" of 451 BC
The ANNOTICO Report
In my Research of Roman Law, one of Rome's greater contributions to Western Civilization, I came upon the Roman "Twelve Tables" of (451 AD) that were the basis of what became a comprehensive and complex Legal System. The Tables were based on research of Greek oral Laws. How these Tables came into existence is another example of Class Warfare.
But, during my research, I came upon ancillary information that was equally as captivating.
Most people believe the basis of Morality and Societal Values stems from the BIBLE (60 AD +), more specifically the TEN COMMANDMENTS, during the Exodus (1440 BC --1290 BC.), whereas, it is most probable that the Bible relied heavily on EGYPTIAN Religion, which in turn was based on the HAMMURABI CODE (1780 BC ).
This
Hammurabi Code had
it's origins in the customs of the various tribes that settled in the
cities of
Also, Revenge played an Important part of the Law, since the Law replaced Tribal customs which had a strong component of Honor and Revenge. Also, criminal acts were a Dishonor to Society, and Society was entitled to Revenge.
I found it interesting that instead of "equality" of Justice, there was "proportionate" Justice, which worked sometimes to the benefit and disadvantage at different times for the rich and poor, so that if you were entitled to greater privileges you had greater penalties, and vice versa.
Twelve Tables
The
Law of the Twelve Tables (Lex Duodecim Tabularum, more
informally simply Duodecim Tabulae) were 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
According to traditional semi-legendary historical accounts preserved in Livy, during the earliest period of the Republic the laws were kept secret by the pontifices and other representatives of the patrician class, and were enforced with untoward severity, especially against the plebeian class. A plebeian named Terentilius proposed in 462 BC that an official legal code should be published, so that plebeians could not be surprised and would know the law.
For several years
the patricians opposed this request, but in 451 BC a Decemvirate, or board of
ten men, was appointed to draw up a code. They allegedly sent an embassy to
study legislative system of Greeks, particularly the laws of Solon, possibly in
the Greek colonies of southern
The first ten codes were completed by the first Decemvirate 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." The last two codes were completed in 449 BC by the second Decemvirate, and after a secessio plebis to the force the Senate to consider them, the Law of the Twelve Tables was formally promulgated. The Twelve Tables were literally drawn up on twelve wooden tablets which were posted in the Forum Romanum so that all Romans could read and know them.
The laws of the Twelve Tables are not a comprehensive statement of all law; they are 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. They are somewhat comparable to a Bill of Rights, but the modern observer must be careful not to project a modern understanding of rights and government onto ancient institutions and laws.
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
Like most other
primitive laws, they combine 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. It cannot be known with any certainty from what survives that the
originals ever were organised this way, or even if
they ever were organised by subject at all.
ContentsExcerpts from the Twelve Tables 1 Excerpts from the Twelve Tables
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The
Latin is on the Web Site.
TABVLA I (Civil procedure)
If someone is called to go to court, let him go. If he doesn't go, a witness should be called. Only then should he be captured.
If he shirks or flees, he should be captured. If illness or old age is an impediment, let him be given a carriage. If he doesn't want it, it should not be covered.
Only a landowner should be surety for another landowner. But any citizen can be surety for a proletarian.
When parties have
made an agreement, announce it. If they don't agree, they shall state their
case in the Forum before
TABVLA II (Civil procedure)
Serious illness. . . or else a day appointed with an enemy; . . . if any of these is an impediment for the judge or any party, on that day proceedings must end.
One who seeks the
testimony from an absent person should wail before his doorway every third day.
TABVLA III (Debt)
A person who admits to owing money or has been adjudged to owe money must be given 30 days to pay.
After then, the creditor can lay hands on him and haul him to court. If he does not satisfy the judgment and no one is surety for him, the creditor may take the defendant with him in stocks or chains. He may bind him with weights of at least 15 pounds. The debtor may live where he wishes. If he does not live on his own, the creditor must give him a pound of wheat a day. If he wants to he may give more.
On the third market day, (creditors) may cut pieces. If they take more than they are due, they do so with impunity..
Against an enemy,
the right of property is valid forever.
TABVLA IV (Parents and children)
An obviously deformed child must be put to death.
If a father sells
his son into slavery three times, the son shall be free of his father.
TABVLA V (Inheritance)
If a person dies intestate without heirs, the nearest male kinsman shall inherit. If there is no near male kinsmen, his clansmen shall inherit.
If someone goes mad,
his nearest male kinsman shall have authority over his property.
TABVLA VI (Property)
When someone makes bond or conveyance and announces it orally, right shall be given.
No one must
displace beams from buildings or vineyards.
TABVLA VII (Real Property)
Build roads; if they become dilapidated, passers-by can drive their beasts wherever they want.
If rainwater does
damage, he shall be made to fix it by the judge.
TABVLA VIII (Torts)
Those who have sung an evil spell....
If one has maimed another and does not buy his peace, let there be retaliation in kind.
Someone who breaks another's bone by hand or club must pay 300 sesterces; for a slave, 150; if he has done simple harm against another, 25.
Someone who charms away crops, or another's corn. . .
If a patron defrauds his client let him be outlawed.
If one has been called to witness, or hold the scales, unless he gives his testimony, let him be dishonoured and incapable of further testimony.
If a weapon flies unaimed from your hand, you will owe a ram.
TABVLA IX (Constitutional principles)
Private laws must
not be proposed.
TABVLA X (Funeral regulations)
No dead man may be cremated nor buried in the City.
When a man wins a crown, or his slave or cattle win a crown for him, . . .
No one must add gold (to a funeral pyre). But if his teeth are held together with gold, and are buried or burnt with him, it shall be with impunity.
TABVLA XI (Marriage)
Marriages between
plebeians and patricians are forbidden.
TABVLA XII (Crimes)
If a slave has committed theft or harm. . . .
Someone who has brought a false claim shall be brought before three judges, and shall pay a double penalty
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