History 2-4L—The Twelve Tables (Parent Resource)
The Twelve Tables: Basis of Roman Law
In the history of governments, the Twelve Tables occupy a special place. At
once, they are the basis of the Roman Republic, the basis of Roman Law for
centuries, and the germ of the idea that evolved into humanism, the philosophy
of John Locke, and the Declaration if Independence. We're talking about, of
course, the protection of certain rights.
By about the 6th century B.C., Roman people (who weren't slaves) could be
divided into two classes: patricians and plebeians. The former were wealthy,
landowning citizens who had money and power and wealth and the right to
vote. The latter were none of the above (or very little) but were not slaves. Since
the patricians made up most of the ruling class and made the laws, they tended
to make laws to protect their own interests. If the interests of the plebeians got in
the way, then the laws came first--at least that's what the patricians thought.
The plebeians had other ideas. They wanted certain basic rights, and they were
willing to cause civil disturbances to get it. They even threatened to secede, in
494. By this time, the sheer numbers of the plebeian class made the patricians sit
up in their governing chairs and take notice. The result was the Twelve Tables.
The Tables themselves, which were finalized in the mid-5th century, were pieces
of stone with writing carved into them. The main benefit of having laws written
down was that the lawmakers and law-enforcers couldn't change them to suit
their whims. Once a law was made public (and carving it into stone was about
as public as it got), the law was known to everyone. This also had the benefit for
the lawmakers and law-enforcers of ruling out a lawbreaker's protestation that
he or she didn't know that what he or she was doing was against the law. If a
law was made public, then it was everyone's responsibility to know and obey.
Specifically, of the fragments of the Twelve Tables we have remaining, here are
some points of interest:
Table I mandates that when a person is accused of something, both accused
and accuser must be present at a hearing or trial on the matter. Also, if both
parties don't show up for a court date, the judge is free to rule in favor of the
party that did show up.
Table III gives debtors 30 days to pay off a debt. After that, a creditor is free to
seize the debtor and make him or her a prisoner.
Table IV makes a man's will binding.
Table VIII lists specific punishments for certain crimes. It also says that if a person
fails to show up as a trial witness, then that person will never again be allowed to
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History 2-4L—The Twelve Tables (Parent Resource)
be a witness. Most importantly, it says that a person shown to have lied in court
will be put to death.
Table IX specifies capital punishment for judges who have taken bribes and for
people who have committed treason.
It's also interesting to note that Table XI prohibits marriages between plebeians
and patricians. So, even though the plebeians got some very important rights
through the Twelve Tables, they couldn't marry into the upper class. The ruling
class had to keep the other hand, after all.
(from Social Studied for Kids internet)
More information
In 451 B.C., a special commission of ten patricians were given the responsibility
for codifying Rome's laws and customs and making them public for the first time.
In putting pressure on the Senate to organize this commission, the plebeians
hoped that the arbitrary power of the patrician magistrates would be curbed.
The laws dealt with litigation procedures, debt, family relations, property, and
other matters of public and sacred law. Roman schoolboys during the next 400
years of the Roman Republic had to memorize all of these laws. The code was
inscribed on bronze plaques which eventually were destroyed. These excerpts
are reconstructions by later writers.
Table III: Execution; Law of Debt
When a debt has been acknowledged, or judgment about the matter has been
pronounced in court, thirty days must be the legitimate time of grace. After that,
the debtor may be arrested by laying on of hands. Bring him into court. If he
does not satisfy the judgment, or no one in court offers himself as surety in his
behalf, the creditor may take the defaulter with him. He may bind him either in
stocks or in fetters.
Unless they make a settlement, debtors shall be held in bonds for sixty days.
During that time they shall be brought before the praetor's court in the meeting
place on three successive market days, and the amount for which they are
judged liable shall be announced; on the third market day they shall suffer
capital punishment or be delivered up for sale abroad, across the Tiber.
Table IV: Rights of Head of Family
Quickly kill…a dreadfully deformed child.
If a father thrice surrender a son for sale, the son shall be free from the father.
© 2012 American Heritage Schools, Inc. All rights reserved. Permission is hereby granted for copying of the notebook pages and other online resources for
use by the original purchaser’s own immediate family. No part of this publication may be transmitted in any form or by any means, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission of the publisher.
History 2-4L—The Twelve Tables (Parent Resource)
A child born ten months after the father's death will not be admitted into a legal
inheritance.
Table V: Guardianship; Succession
Females shall remain in guardianship even when they have attained their
majority.
If a man is raving mad, rightful authority over his person and chattels shall
belong to his agnates (nearest male relatives) or to his clansmen.
A spendthrift is forbidden to exercise administration over his own goods…A
person who, being insane or a spendthrift, is prohibited from administering his
own goods shall be under trusteeship of agnates.
Table VII: Rights concerning Land
Branches of a tree may be lopped off all round to a height of more than 15
feet…Should a tree on a neighbor's farm be bent crooked by a wind and lean
over your farm, action may be taken for removal of that tree.
It is permitted to gather up fruit falling down on another man's farm.
Table VIII: Torts and Delicts
If any person has sung or composed against another person a song such as was
causing slander or insult to another, he shall be clubbed to death.
If a person has maimed another's limb, let there be retaliation in kind unless he
makes agreement for settlement with him.
Any person who destroys by burning any building or heap of corn deposited
alongside a house shall be bound, scourged, and put to death by burning at
the stake, provided that he has committed the said misdeed with malice
aforethought; but if he shall have committed it by accident, that is, by
negligence, it is ordained that he repair the damage, or, if he be too poor to be
competent for such punishment, he shall receive a lighter chastisement.
Table IX: Public Law
The penalty shall be capital punishment for a judge or arbiter legally appointed
who has been found guilty of receiving a bribe for giving a decision.
Table XI:
Intermarriage shall not take place between plebeians and patricians.
(http://www.uky.edu/LCC/HIS/104/12tables.html)
© 2012 American Heritage Schools, Inc. All rights reserved. Permission is hereby granted for copying of the notebook pages and other online resources for
use by the original purchaser’s own immediate family. No part of this publication may be transmitted in any form or by any means, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission of the publisher.