Twelve Tables
Encyclopedia
The Law of the Twelve Tables ( or, informally, Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...

. The Law of the Twelve Tables formed the centrepiece of the constitution of the Roman Republic
Constitution of the Roman Republic
The Constitution of the Roman Republic was a set of guidelines and principles passed down mainly through precedent. The constitution was largely unwritten, uncodified, and constantly evolving...

 and the core of the mos maiorum
Mos maiorum
The mos maiorum is the unwritten code from which the ancient Romans derived their social norms. It is the core concept of Roman traditionalism, distinguished from but in dynamic complement to written law. The mos maiorum The mos maiorum ("ancestral custom") is the unwritten code from which the...

(custom of the ancestors). The Twelve Tables must be distinguished from the unrelated — and much older — "twelve shields" of King Numa Pompilius
Numa Pompilius
Numa Pompilius was the legendary second king of Rome, succeeding Romulus. What tales are descended to us about him come from Valerius Antias, an author from the early part of the 1st century BC known through limited mentions of later authors , Dionysius of Halicarnassus circa 60BC-...

.

History

According to traditional, semi legendary historical accounts preserved in Livy
Livy
Titus Livius — known as Livy in English — was a Roman historian who wrote a monumental history of Rome and the Roman people. Ab Urbe Condita Libri, "Chapters from the Foundation of the City," covering the period from the earliest legends of Rome well before the traditional foundation in 753 BC...

, during the earliest period of the Republic, the laws were kept secret by the pontifices
Pontifex Maximus
The Pontifex Maximus was the high priest of the College of Pontiffs in ancient Rome. This was the most important position in the ancient Roman religion, open only to patricians until 254 BC, when a plebeian first occupied this post...

and other representatives of the patrician class, and were enforced with untoward severity, especially against the plebeian class. A plebeian named Terentilius
Terentilius
Gaius Terentilius Harsa, better known simply as Terentilius, was a plebeian tribune in Rome around 462 BC.Terentilius agitated for a formal code of laws in the early days of the Roman Republic...

 proposed in 462 BC
462 BC
Year 462 BC was a year of the pre-Julian Roman calendar. At the time, it was known as the Year of the Consulship of Tricipitinus and Cicurinus...

 that an official legal code
Code (law)
A code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in common law and civil law...

 should be published, so the plebeians could not be surprised and would know the law.

Patricians long opposed this request, but around 451 BC
451 BC
Year 451 BC was a year of the pre-Julian Roman calendar. At the time, it was known as the Year of the Consulship of Sabinus and Augurinus and the First year of the decemviri...

, the first decemviri
Decemviri
Decemviri is a Latin term meaning "Ten Men" which designates any such commission in the Roman Republic...

(decemvirate - board of "Ten Men") was appointed to draw up the first ten tables. They allegedly sent an embassy to Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....

 to study the legislative system of Athens
Athens
Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state...

, known as the Solonian Constitution
Solonian Constitution
The Solonian Constitution was created by Solon in the early 6th century BC.Solon wanted to revise or abolish the older laws of Draco. Under Solon's reforms, all debts were abolished and all debt-slaves were freed. The status of the hectemoroi , who farmed in an early form of serfdom, was also...

, but also to find out about the legislation of other Greek
Greeks
The Greeks, also known as the Hellenes , are a nation and ethnic group native to Greece, Cyprus and neighboring regions. They also form a significant diaspora, with Greek communities established around the world....

 cities. Modern scholars believe the Roman assembly most likely visited the Greek cities of Southern Italy
Magna Graecia
Magna Græcia is the name of the coastal areas of Southern Italy on the Tarentine Gulf that were extensively colonized by Greek settlers; particularly the Achaean colonies of Tarentum, Crotone, and Sybaris, but also, more loosely, the cities of Cumae and Neapolis to the north...

, and did not travel all the way to Greece.
In 450 B.C., the second decemviri started work on the last two tables.

The first decemvirate completed the first ten codes in 450 BC
450 BC
Year 450 BC was a year of the pre-Julian Roman calendar. At the time, it was known as the Second year of the decemviri...

. Here is how Livy
Livy
Titus Livius — known as Livy in English — was a Roman historian who wrote a monumental history of Rome and the Roman people. Ab Urbe Condita Libri, "Chapters from the Foundation of the City," covering the period from the earliest legends of Rome well before the traditional foundation in 753 BC...

 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
449 BC
Year 449 BC was a year of the pre-Julian Roman calendar. At the time, it was known as the Third year of the decemviri and the Year of the Consulship of Potitus and Barbatus...

, the second decemvirate completed the last two codes, and after a secessio plebis
Secessio plebis
Secessio plebis was an informal exercise of power by Rome's plebeian citizens, similar to a general strike taken to the extreme. During a secessio plebis, the plebs would simply abandon the city en masse and leave the patrician order to themselves...

to force the Senate to consider them, the Law of the Twelve Tables was formally promulgated. The Twelve Tables were drawn up on twelve ivory tablets (Livy says bronze
Bronze
Bronze is a metal alloy consisting primarily of copper, usually with tin as the main additive. It is hard and brittle, and it was particularly significant in antiquity, so much so that the Bronze Age was named after the metal...

) which were posted in the Roman Forum
Roman Forum
The Roman Forum is a rectangular forum surrounded by the ruins of several important ancient government buildings at the center of the city of Rome. Citizens of the ancient city referred to this space, originally a marketplace, as the Forum Magnum, or simply the 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 Gaul
Gaul
Gaul was a region of Western Europe during the Iron Age and Roman era, encompassing present day France, Luxembourg and Belgium, most of Switzerland, the western part of Northern Italy, as well as the parts of the Netherlands and Germany on the left bank of the Rhine. The Gauls were the speakers of...

s under Brennus burnt Rome in 390 BC
390 BC
Year 390 BC was a year of the pre-Julian Roman calendar. At the time, it was known as the Year of the Tribunate of Ambustus, Longus, Ambustus, Fidenas, Ambustus and Cornelius...

. 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
Laconic phrase
A laconic phrase is a very concise or terse statement, named after Laconia , a polis of ancient Greece surrounding the city of Sparta proper. In common usage, Sparta referred both to Lacedaemon and Sparta...

, and somewhat childish and sing-song version of Latin (described as Saturnian
Saturnian (poetry)
Saturnian meter or verse is an old Latin and Italic poetic form, of which the principles of versification have become obscure. Only 132 complete uncontroversial verses survive. 95 literary verses and partial fragments have been preserved as quotations in later grammatical writings, as well as 37...

 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
Old Latin
Old Latin refers to the Latin language in the period before the age of Classical Latin; that is, all Latin before 75 BC...

. 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 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 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.

TABLE I (Civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

)

Si in ius vocat, ito. Ni it, antestamino. Igitur em capito.

If someone is called to go to court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

, he has to go. If he does not go, a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...

 should be called. Only then should he be captured.
Si calvitur pedemve struit, manum endo iacito. Si morbus aevitasve vitium escit, iumentum dato. Si nolet, arceram ne sternito.


If he shirks or flees, he should be captured. If illness or old age is an impediment, let him be given a carriage
Carriage
A carriage is a wheeled vehicle for people, usually horse-drawn; litters and sedan chairs are excluded, since they are wheelless vehicles. The carriage is especially designed for private passenger use and for comfort or elegance, though some are also used to transport goods. It may be light,...

. If he does not want it, it should not be covered.
Adsiduo vindex adsiduus esto. Proletario iam civi quis volet vindex esto.


Only a landowner should be surety
Surety
A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...

 for another landowner. But any citizen can be surety for a proletarian.
Rem ubi pacunt, orato. Ni pacunt, in comitio aut in foro ante meridiem caussam coiciunto. Com peroranto ambo praesentes. Post meridiem praesenti litem addicito. Si ambo praesentes, solis occasus suprema tempestas esto.


When parties have made an agreement, announce it. If they do not agree, they shall state their case in the Forum
Roman Forum
The Roman Forum is a rectangular forum surrounded by the ruins of several important ancient government buildings at the center of the city of Rome. Citizens of the ancient city referred to this space, originally a marketplace, as the Forum Magnum, or simply the Forum...

 before noon. They shall plead together in person. After noon, let the judge pronounce. If both are present, the case shall end at sunset.

TABLE II (Civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...

)

...morbus sonticus... aut status dies cum hoste... quid horum fuit unum iudici arbitrove reove, eo dies diffensus esto. Cui testimonium defuerit, is tertiis diebus ob portum obvagulatum ito.


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 wait before his doorway every third day.

TABLE III (Debt)

Aeris confessi rebusque iure iudicatis XXX dies iusti sunto.


1. In case of an admitted debt or of awards made by a court, 30 days shall be allowed for payment.
Post deinde manus iniectio esto. In ius ducito. Ni iudicatum facit aut quis endo eo in iure vindicit, secum ducito, vincito aut nervo aut compedibus XV pondo, ne maiore aut si volet minore vincito. Si volet suo vivito, ni suo vivit, qui eum vinctum habebit, libras faris endo dies dato. Si volet, plus dato.


After then, the creditor can lay hands on him and haul him to court. If he does not satisfy the judgement and no one is surety for him, the creditor may take the defendant with him in stocks or chains with a weight of no less than 15 lbs. (or more if he desires). 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.
Tertiis nundinis partis secanto. Si plus minusve secuerunt, se fraude esto.


On the third market day, (creditors) may cut pieces. If they take more than they are due, they do so with impunity.
Adversus hostem aeterna auctoritas esto.


Against a foreigner, the right of property is valid forever.

TABLE IV (Parents and children)

Cito necatus insignis ad deformitatem puer esto.


If a child is born with a deformity he shall be killed.
Si pater filium ter venum duit, filius a patre liber esto.


If a father sells his son into slavery
Slavery in ancient Rome
The institution of slavery in ancient Rome played an important role in society and the Roman economy. Besides manual labor on farms and in mines, slaves performed many domestic services and a variety of other tasks, such as accounting...

 three times, the son shall be free of his father.

TABLE V (Inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...

)

Si intestato moritur, cui suus heres nec escit, adgnatus proximus familiam habeto. Si adgnatus nec escit, gentiles familiam habento.


If a person dies intestate without heirs, the nearest [male] kinsman shall inherit. If there is no near [male] kinsmen, his clansmen
Gens
In ancient Rome, a gens , plural gentes, referred to a family, consisting of all those individuals who shared the same nomen and claimed descent from a common ancestor. A branch of a gens was called a stirps . The gens was an important social structure at Rome and throughout Italy during the...

 shall inherit.
Si furiosus escit, adgnatum gentiliumque in eo pecuniaque eius potestas esto.


If someone goes mad, his nearest [male] kinsman shall have authority over his property.

TABLE VI (Property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

)

Cum nexum faciet mancipiumque, uti lingua nuncupassit, ita ius esto.


When someone makes bond or conveyance and announces it orally, right shall be given.
Tignum iunctum aedibus vineave sei concapit ne solvito.


No one must displace beams from buildings or vineyards.

TABLE VII (Real Property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...

)

Viam muniunto ni sam delapidassint, qua volet iumento agito.


[A property owner must] build a road [if there is a right-of-way]; if they become dilapidated
Dilapidation
Dilapidation is a term meaning in general a falling into decay, but more particularly used in the plural in English law for# the waste committed by the incumbent of an ecclesiastical living...

, passersby can drive their beasts where ever they want.
Si aqua pluvia nocet… iubetur ex arbitrio coerceri.


If runoff [from someone else's property] does damage, he shall be made to fix it by the judge.

TABLE VIII (Tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

s)

Qui malum carmen incantassit…


Those who have incanted an "evil song"... (interpreted by Cicero
Cicero
Marcus Tullius Cicero , was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.He introduced the Romans to the chief...

 as slander, in De re publica
De re publica
De re publica is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. It is written in the format of a Socratic dialogue in which Scipio Africanus Minor takes the role of a wise old man — an obligatory part for the genre...

, Book IV)
Si membrum rupsit, ni cum eo pacit, talio and esto.


If one has maimed another and does not buy his peace, there be retaliation in kind.
Manu fustive si os fregit libero, CCC, si servo, CL poenam subito si iniuriam faxsit, viginti quinque poenae sunto.


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.
Qui fruges excantassit… neve alienam segetem pellexeris


Someone who kills crops with a spell, or another's corn…
Patronus si clienti fraudem fecerit, sacer esto.


If a patron
Patronage in ancient Rome
Patronage was the distinctive relationship in ancient Roman society between the patronus and his client . The relationship was hierarchical, but obligations were mutual. The patronus was the protector, sponsor, and benefactor of the client...

 defrauds his client, let him be outlawed
Homo sacer
Homo sacer is a figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual....

.
Qui se sierit testarier libripensve fuerit, ni testimonium fatiatur, inprobus intestabilisque esto.


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.
Si telum manu fugit magis quam iecit, arietem subicito.


If an object flies unaimed from your hand rather than aimed [and causes injury], you will owe a ram.

TABLE IX (Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

al principles)

Privilegia ne irroganto.


4. Private laws (that is, laws against one individual) will not be proposed.

It is forbidden to propose laws against one single individual.

TABLE X (Funeral
Funeral
A funeral is a ceremony for celebrating, sanctifying, or remembering the life of a person who has died. Funerary customs comprise the complex of beliefs and practices used by a culture to remember the dead, from interment itself, to various monuments, prayers, and rituals undertaken in their honor...

 regulations)

Hominem mortuum in urbe ne sepelito neve urito.


No dead man may be cremated
Cremation
Cremation is the process of reducing bodies to basic chemical compounds such as gasses and bone fragments. This is accomplished through high-temperature burning, vaporization and oxidation....

 nor buried in the City.
Qui coronam parit ipse pecuniave eius honoris virtutisve ergo arduitur ei…


When a man wins a crown, or his slave or cattle win a crown for him,…
Neve aurum addito. At cui auro dentes iuncti escunt. Ast in cum illo sepeliet uretve, se fraude esto.


No one must add gold
Gold
Gold is a chemical element with the symbol Au and an atomic number of 79. Gold is a dense, soft, shiny, malleable and ductile metal. Pure gold has a bright yellow color and luster traditionally considered attractive, which it maintains without oxidizing in air or water. Chemically, gold is a...

 (to a funeral pyre). But if his teeth are held together with gold, and are buried or burnt with him, it shall be disconsidered.

TABLE XI (Marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...

)

Conubia plebi cum patribus sanxerunt.


Marriages between plebeians and patricians are prohibited.

Men in the army may not wed until training is complete.

TABLE XII (Crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

s)

Si servo furtum faxit noxiamve noxit.


If a slave
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...

has committed theft or harm…
Si vindiciam falsam tulit, si velit is… tor arbitros tris dato, eorum arbitrio… fructus duplione damnum decidito.


Someone who has brought a false claim shall be brought before three judges, and shall pay a double penalty or be sent to death if he cannot do the time.

External links


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