Cecily Zamora
The Romans divided their law into 'ius scriptum' (written law) and 'ius non scriptum' (unwritten law). The first Roman code of law, 'The Law of the Twelve Tables', was established in 449 BC. It was the result of plebeian agitation for a written and public code that could not be altered at will by patrician magistrates. The Twelve Tables were written by a committee of ten legal experts, the decemviri, and they formed the foundation of Roman law.
| Characteristics | Values |
|---|---|
| Year of establishment | 449 BC |
| Reason for establishment | To write down the law to better anticipate how decisions would be made |
| Who established it | A committee of ten men called the decemviri or decemvirate |
| Who insisted on its creation | Plebeians |
| Purpose | To serve as a written and public code that could not be altered at will by patrician magistrates against plebeian litigants |
| What it included | Rights and duties of the Roman citizen, civil law, public law, religious law, procedural laws, and laws dealing with theft, property damage, and marriage between classes |
| Original form | Inscribed on bronze |
| Later form | Literary text, likely a small ancient book |
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What You'll Learn
The Twelve Tables, written in 449 BC
The formulation of the Twelve Tables was the result of agitation by the plebeian class, who had been excluded from the higher benefits of the Republic. The patricians dominated the assemblies, but the plebeians had their own council, in which they enacted resolutions called plebiscita. The Twelve Tables were a way to obtain a written and public code that patrician magistrates could not alter at will against plebeian litigants. The tablets were likely posted publicly in the Roman Forum, inscribed on bronze, so that all Romans could read and know them.
The original tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC. However, parts of the text were preserved in brief excerpts and quotations from the original laws in other ancient authors. The Twelve Tables are often cited as the foundation for ancient Roman law, and they remained an important source through the Republic. They were superseded by later changes in Roman law but were never formally abolished.
The Twelve Tables covered a range of legal matters, including procedural rules to ensure fairness among all Romans in the courts, as well as terms dictating the legality of capital crimes, intentional homicide, treason, perjury, judicial corruption, and writing slanderous poems. They also established the legal ramifications for damage to property and crops and made it illegal to define who was a citizen of Rome, except by the greatest assembly.
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The influence of Greek law
The first code of Roman law, the Twelve Tables, was established in 449 BC. The Twelve Tables were a way to publicly display the rights of each citizen in the public and private spheres. They also outlined legal terms dictating the legality of capital crimes, intentional homicide, treason, perjury, judicial corruption, and writing slanderous poems.
The concept of 'jus gentium' in Roman law, which refers to a contract of sale that has the same legal results regardless of the citizenship of the parties involved, was influenced by Greek philosophy. The idea of 'jus gentium' was linked to the notion of a natural law common to all peoples, which the Romans adopted from Greek philosophical thought.
When the centre of the Roman Empire shifted to the Greek East in the 4th century, Greek legal concepts became more prominent in official Roman legislation. For example, Emperor Constantine made concessions to the stricter Greek-Hellenistic concept of paternal authority, acknowledging that descendants could have proprietary rights separate from the male head of the family.
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The rights of plebeians
The Romans' first code of law, known as the Law of the Twelve Tables, was established in 451 BCE and represented a significant milestone in the early development of Roman law. This code was created to protect the rights and interests of plebeians, who had long been subject to the arbitrary rulings of patrician magistrates. The plebeians demanded a written code that would be applicable to all Romans, and this pressure led to the establishment of a commission to create the Law of the Twelve Tables. This code formed the basis of Roman law for centuries and influenced legal systems well into the future.
The new code also established the right to appeal, allowing plebeians to challenge decisions made by lower courts or magistrates. This right was a crucial safeguard against abuse of power and ensured that all citizens had access to justice and a fair hearing. Plebeians also gained the right to own property and to enter into contracts, which allowed them to participate more fully in the economic life of the city and provided them with a level of financial independence previously denied to them. These rights were further expanded and protected by subsequent laws and institutions, such as the Plebeian Council, which gave plebeians a political voice and representation in the Roman government.
In addition to legal and property rights, the Law of the Twelve Tables also addressed social and personal freedoms for plebeians. For example, it included provisions that granted plebeians the right to marry and divorce, as well as the right to worship and practice their religion freely. These social freedoms were essential for the plebeians' sense of autonomy and self-determination, allowing them to establish families and practice their cultural traditions without interference from the patrician class. The law code also provided protections for plebeians against physical abuse and ensured that punishments for crimes were proportional and fair, further safeguarding their personal freedoms and security.
The establishment of the Law of the Twelve Tables was a significant step toward greater equality and justice in Roman society. It provided a foundation for the development of Roman law, which became renowned for its sophistication and influence on future legal systems. By securing the rights and freedoms of plebeians, the code contributed to a more stable and inclusive society, where all citizens could access justice and participate in the economic, social, and political life of Rome. The legacy of these laws extended far beyond ancient Rome, shaping legal principles and values that still resonate in modern legal systems today.
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The role of the decemviri
The Decemviri, or Decemvirs, translates to "ten men" in Latin. They were official ten-man commissions established by the Roman Republic. The most notable decemviri were the two decemvirates, officially known as the decemviri consulari imperio legibus scribundis, who codified Roman law during the Conflict of the Orders between ancient Rome's patrician aristocracy and plebeian commoners.
The first decemvirate, consisting of patricians, ruled with moderation and prepared ten tables of law in 451 BC. The second decemvirate, which included plebeians, completed the final two tables of the Twelve Tables in 449 BC. The Twelve Tables were a way to publicly display the rights and duties of each Roman citizen, providing a safeguard for plebeians and adding balance to the Roman economy.
The decemviri held supreme authority and were not subject to appeal. Each day, a different decemvir presided over the magistracy, accompanied by the twelve lictors, or bodyguards of the consuls. The decemviri drafted their laws on ten bronze tables, seeking feedback from the people and amending them accordingly.
In addition to the decemviri legibus scribundis, there were other types of decemviri, including the decemviri stlitibus judicandis, a judicial board that formed a civil court; the decemviri sacris faciundis, a priestly board concerned with religious duties; and the decemviri agris dandis adsignandis, who were responsible for the distribution of public land.
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The transition to a codified legal system
The Twelve Tables consolidated centuries-old customary laws into a written form, making them accessible to all citizens. They covered various areas of law, including civil, public, and religious law, and established rights and duties for Roman citizens. While they may not have represented a fully codified system, they laid the foundation for the development of a fully codified legal system in Rome.
Over time, the laws within the Twelve Tables were modified to remain relevant to the evolving Roman society and the expanding Republic. By the 3rd century BC, they were steadily replaced by new laws. However, the Twelve Tables continued to be regarded as an important foundation of Roman law, with their influence extending well beyond their initial implementation.
The next significant step towards codification came with the Corpus Juris Civilis, ordered by Eastern Roman emperor Justinian I in AD 529. This compilation consisted of the Digest (or Digesta), the Code (or Codex), and the Institutes. The Code, promulgated in 534 CE, outlined the actual laws of the empire, citing imperial constitutions, legislation, and pronouncements. The Institutes, which followed in 535 CE, summarised the Digest and served as a textbook for law students.
The Codex Theodosianus, a codification of Constantian laws, was also created during this period, in 438 AD. These codifications further contributed to the transition towards a fully codified legal system in Rome.
The influence of Roman law extended far beyond the boundaries of the Roman Empire, shaping the legal systems of Western Europe, Eastern Europe, and former colonies. Roman law served as the basis for legal practice in these regions, and its principles were reflected in civil law codes that emerged in the 19th century.
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Frequently asked questions
The first code of law in ancient Rome, known as the "Twelve Tables" was established in 449 BC.
The Twelve Tables were established to publicly display the rights of each citizen in the public and private sphere. They were also designed to address social unrest and the perception that legal decisions were being arbitrarily decided.
The Twelve Tables included a range of laws covering civil, public, and religious law. Some examples include:
- The legal ramifications for damage dealt to property by animals and damage dealt to crops by people or animals.
- Outlawing the execution of those who are unconvicted, bribery of judges, and extradition of citizens to enemy powers.
- Prohibiting intermarriage between patricians and plebeians.
