According to Greek tradition, the Law of the Twelve Tables (Latin: Leges Duodecim Tabularum or Duodecim Tabulae) was the legislation that stood at the foundation of Roman law. The Tables consolidated earlier traditions into an enduring set of laws.
The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code', although modern scholars consider this characterisation exaggerated. The Tables were 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. The provisions were often highly specific and diverse.
The Twelve Tables of Roman society were said by the Romans to have come about as a result of the long social struggle between patricians and plebeians. After the expulsion of the last king of Rome, Tarquinius Superbus, the Republic was governed by a hierarchy of magistrates. Initially, only patricians were eligible to become magistrates and this, among other plebeian complaints, was a source of discontent for plebeians. In the context of this unequal status, plebeians would take action to secure concessions for themselves using the threat of secession. They would threaten to leave the city with the consequence that it would grind to a halt, as the plebeians were Rome's labor force. Tradition held that one of the most important concessions won in this class struggle was the establishment of the Twelve Tables, establishing basic procedural rights for all Roman citizens in relation to each other. The drafting of the Twelve Tables may have been fomented by a desire for self-regulation by the patricians, or for other reasons.
Around 450 BC, the first decemviri (decemvirate, board of "Ten Men") were appointed to draw up the first ten tables. According to Livy, they sent an embassy to Greece to study the legislative system of Athens, known as the Solonian Constitution, but also to find out about the legislation of other Greek cities. Some scholars dispute the veracity of any claim that the Romans imitated the Greeks in this respect or suggest that they visited the Greek cities of Southern Italy, and did not travel all the way to Greece. In 450 BC, the second decemviri started to work on the last two tables.
The first decemvirate completed the first ten codes 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."
In 449 BC, the second decemvirate completed the last two codes, and after a secessio plebis to force the Senate to consider them, the Law of the Twelve Tables was formally promulgated. According to Livy the Twelve Tables were inscribed on bronze, and posted publicly, so all Romans could read and know them.
Secessio plebis (withdrawal of the commoners, or Secession of the Plebs) 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. Therefore, a secessio meant that all shops and workshops would shut down and commercial transactions would largely cease. This was an effective strategy in the Conflict of the Orders due to strength in numbers; plebeian citizens made up the vast majority of Rome's populace and produced most of its food and resources, while a patrician citizen was a member of the minority upper class, the equivalent of the landed gentry of later times.
Some of the provisions are procedural to ensure fairness amongst all Romans in the courts, while other established legal terms dictating the legality of capital crimes, intentional homicide, treason, perjury, judicial corruption, and writing slanderous poems. The Romans valued keeping peace in the city and the Twelve Tables were a mechanism of establishing and continuing peace and equality.
The laws the Twelve Tables covered were a way to publicly display rights that each citizen had in the public and private sphere. These Twelve Tables displayed what was previously understood in Roman society as the unwritten laws. The public display of the copper tablets allowed for a more balanced society between the Roman patricians who were educated and understood the laws of legal transactions, and the Roman plebeians who had little education or experience in understanding law. By revealing the unwritten rules of society to the public, the Twelve Tables provided a means of safeguard for Plebeians allowing them the opportunity to avoid financial exploitation and added balance to the Roman economy.
Featured within the Twelve Tables are five rules about how to handle debtors and creditors. These rules show how the ancient Romans maintained peace with financial policy.
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