Kara Sears
The first written law code of Ancient Rome was created in 450 BC on twelve bronze tablets. These tablets were put on display in the Forum so all citizens could see and understand them. The first legal text of Roman law is the Law of the Twelve Tables, dating from the mid-fifth century BC. The Law of the Twelve Tables was enacted in 451–450 BC during the struggle of the plebeians for political equality. It was an effort to obtain a written and public code that patrician magistrates could not alter at will against plebeian litigants.
| Characteristics | Values |
|---|---|
| First written law code | Created in 450 BC |
| Number of tablets | 12 |
| Material | Bronze or stone |
| Location | Forum |
| Purpose | To prevent magistrates from applying the law arbitrarily |
| Content | Family law, delict (tort, or offense against the law), and legal procedure |
| Enforced by | Magistrates and two consuls |
| Superseded by | Later changes in Roman law |
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What You'll Learn
The Law of the Twelve Tables
The Twelve Tables were written by 10 commissioners (decemvirs) at the insistence of the plebeians, who felt that their legal rights were hampered by the fact that court judgments were rendered according to unwritten custom, which only a small group of patricians were learned in. The first set of commissioners produced 10 tables, which were later supplemented by 2 additional tables. The code was formally posted, likely on bronze tablets, in the Roman Forum in 450 BC.
The Twelve Tables were not a reform of prior Roman laws but rather a recognition of the privileges of the patricians, who were leaders of important families and clans. They also gave protection of certain rights, which was innovative for the time. The Tables covered various matters, including family law, delict (tort, or offense against the law), legal procedure, and testamentary rights and contracts. For example, one provision stated that if a Roman citizen freedman died intestate without a direct heir, the inheritance would go to his patron. Another provision stated that branches of a tree should be pruned to a height of 15 feet.
The Twelve Tables formed the basis of Roman law for a thousand years and were considered a prime legal source. They were superseded by later changes in Roman law but were never formally abolished.
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Written laws for all citizens
The first written law code of Ancient Rome was created in 450 BC, on twelve bronze tablets. These tablets were put on display in the Forum, the centre of the city, so that all citizens could see and understand them. The Law of the Twelve Tables, as it was known, was enacted in 451–450 BC during the struggle of the plebeians for political equality. It represented an effort to obtain a written and public code that patrician magistrates could not alter at will against plebeian litigants.
The Law of the Twelve Tables was unique in that it was not a reform of prior Ancient Roman laws. Instead, these 12 Tables recognised the privileges of the patricians, who were leaders of important families and clans. They also gave protection of certain rights, which was very innovative thinking for the time. The 12 Tables were created by a commission of 10 men, known as decemviri, who were appointed in 455 BC.
The Law of the Twelve Tables was the first legal text of Roman law. Before this, between 754 and 449 BC, Roman civil law (ius civile Quiritium) applied only to Roman citizens and was bonded to religion. This early civil law was undeveloped, with attributes of strict formalism, symbolism, and conservatism.
The Romans divided their law into ius scriptum (written law) and ius non scriptum (unwritten law). By 'unwritten law', they meant custom; by 'written law', they meant not only the laws derived from legislation but, literally, laws based on any written source. There were various types of written law, the first of which consisted of leges (enactments of one of the assemblies of the whole Roman people). The common people, or plebeians, had their own council in which they enacted resolutions called plebiscita.
The legacy of Roman law is a desire to create precisely worded laws that cover all aspects of a citizen's life within the state. Roman law created an expectation that citizens' rights would be protected and that there was a system in place to address wrongs.
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Preventing arbitrary application
The first written law code of Ancient Rome, the Law of the Twelve Tables, was created in 451 BC on twelve bronze tablets. The tablets were put on display in the Forum so that all citizens could see and understand them. This law code was the result of the plebeians' struggle for political equality, as they wanted to prevent magistrates from applying the law arbitrarily.
The Law of the Twelve Tables was unique in that it was not a reform of existing Roman laws. Instead, it recognised the privileges of the patricians, who were leaders of important families and clans and held significant influence in the Senate. While the exact content of the Twelve Tables is unknown, fragments suggest that they covered various matters, including family law, delict (tort, or offence against the law), and legal procedure.
The writing down of laws was essential to the new government of the Roman Republic, providing structure and protecting the interests of those involved. It addressed the issue of citizens being punished for breaking laws they did not know existed. With written laws, citizens could understand their rights and obligations, enabling them to defend themselves if accused of wrongdoing.
The Law of the Twelve Tables was superseded by changes in Roman law over time but was never formally abolished. It laid the foundation for Roman law, which continued to evolve with new decisions by courts, statutes, plebiscites, senatorial decrees, custom, and edicts from the Emperor, magistrates, and other officials.
The legacy of Roman law includes the desire for precisely worded laws that cover all aspects of a citizen's life and the expectation that their rights will be protected. Roman law also established a system for redressing wrongs, fostering social cohesion in a diverse and growing empire.
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Bronze tablets in the forum
In Ancient Rome, the emergence of the Republic and its newfound government demanded structure and the development of systems to safeguard the interests of those involved. This marked the beginning of the writing down of laws in Rome. The absence of written laws bred doubt and uncertainty, hindering effective enforcement. Moreover, the lack of accessible laws frustrated citizens, as they were often punished for unknowingly breaking unknown rules.
Rome's first written law code, created in 450 BC, was inscribed on twelve bronze tablets. These tablets were strategically placed in the Forum, the centre of Ancient Rome, for all citizens to see and comprehend. The Forum's central location facilitated easy access to the laws, empowering citizens with knowledge and protection against arbitrary enforcement and corruption.
The twelve bronze tablets, also known as the "Twelve Tables" or the "Law of the Twelve Tables", were more than just a collection of laws. They represented an important step towards ensuring equality and fairness for all citizens. Before the Twelve Tables, Roman law was unwritten and subject to the interpretation of patrician magistrates, often leaving plebeian litigants at a disadvantage. The Twelve Tables aimed to address this imbalance by providing a written and public code that could not be easily manipulated.
The Twelve Tables are believed to have been created by a commission of ten men, known as decemviri, appointed in 455 BC. While the original text of the Twelve Tables has not survived, fragments and references found in later juridical writings provide insights into its content. These fragments suggest that the Twelve Tables covered a range of topics, including family law, torts or offences, and legal procedures. The Twelve Tables were not a reform of existing Roman laws but rather recognised the privileges of the patricians, the leaders of important families and clans, while also granting certain rights to citizens.
The bronze tablets in the Forum played a pivotal role in shaping Ancient Roman law and governance. They served as a foundational code of law, influencing and guiding legal practices for centuries. The Twelve Tables were superseded by subsequent changes in Roman law but were never formally abolished, underscoring their enduring significance in the evolution of Roman legal traditions.
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Roman civil law
Before the Twelve Tables (between 754 and 449 BC), Roman civil law was undeveloped and was bonded to the Etruscan religion, emphasizing ritual. The first legal text of Roman law, the Law of the Twelve Tables, was enacted in 451–450 BC during the struggle of the plebeians for political equality. It was written down on twelve bronze tablets and put on display in the Forum so that all citizens could see and understand them. The Twelve Tables were not a reform of prior Ancient Roman laws but rather recognized the privileges of the patricians, who were leaders of important families and clans. They also gave protection to certain rights, which was innovative for the time.
The Twelve Tables were created by a commission of ten men known as decemviri, who were appointed in 455 BC. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC, and only fragments have survived. From these fragments, it is apparent that they covered numerous matters, including family law, delict (tort, or offense against the law), and legal procedure. The Twelve Tables were later superseded by changes in Ancient Roman law, but they were never completely eliminated.
Over time, a new body of praetoric law emerged to supplement and correct civil law. Ultimately, civil law and praetoric law were fused in the Corpus Juris Civilis, also known as the Code of Justinian. This marked the end of the "classical period of Roman law", during which Roman law and Roman legal science reached their greatest degree of sophistication and influence.
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Frequently asked questions
Rome’s first written law code was created in 450 BC on twelve bronze tablets. These tablets were put on display in the Forum so all Ancient Roman citizens could see and understand them.
The twelve tablets were known as the Law of the Twelve Tables. They were an attempt to write down laws and create a Code of Law. They are the earliest known written material from Ancient Rome. Little is known about their content, but they covered numerous matters, including family law, delict (tort, or offence against the law), and legal procedure.
The Romans started writing down their laws to protect the interests of those involved. Anything not written down can cause doubt and uncertainty, and laws cannot be enforced without written documentation. Citizens were also angry about being punished for breaking laws they did not know existed.
