The Law of the Twelve Tables was a set of laws created in the period of the Roman Republic, under pressure from the plebeians.
Established in 451 BC, there were written the laws that determined how judgments should be, punishments for debtors and the power of the father over the family.
Law of the Twelve Tables commented
The original boards were displayed in the Forum so that the entire population could see them.
Unfortunately, they were lost in 390 BC. during the Gauls' invasion of Rome. Therefore, what has come to the present are citations of the laws made by several classic authors.
Board I
It establishes the rules of proceedings, how to open and close a trial, the defendant's obligation to attend the trial, etc.
This assured the commoners that the processes would take place within precise norms and not invented at the time.
Board II
It is believed that he continued to describe procedures in procedural law, such as the mandatory presence of the judge during the trial. It also dealt with theft and its punishments.
Like Table I, it established a routine for carrying out the judgments.
Table III
Unlike the previous one, this table has complete sections. It talks about the judgment and penalties that should be applied to debtors. One of the punishments, for example, stated that creditors could sell the debtor to pay off the debt.
Likewise, it decreed that property taken from the enemy could be returned to its former owner by force.
This law must be understood within its historical context, as slavery was permitted in Rome. It also enshrines the right to private property, even when it belonged to the enemy.
Table IV
It exposes the powers of the head of the family, known as “pater familias ”. The father had the right to kill a child who was born with some deformity, for example. Likewise, he could sell you into slavery.
This law expresses how powerful the head of the family was in Ancient Rome, with little participation by women and minors.
V Board
It characterizes inheritances and guardianships. It indicated that if a person died without heirs or a will, the next of kin would receive the inheritance.
This law guaranteed that a family's assets would remain in that same family, without a ruler or someone else being able to take them.
Table VI
This described what the buying and selling of property should be like. As women were seen as objects, this also explains the conditions under which the husband must proceed when rejecting his wife.
Once again, the great power that the family man had in this society is highlighted.
Table VII
It addresses offenses committed against property, whether real estate or a slave. If someone has destroyed something, he must pay for the reconstruction or be punished for this action.
It is a rule applied to this day in the law of Western countries.
Table VIII
It established measures between neighboring properties and rules for coexistence among neighbors. It also determined the distances that should be left free for building paths between properties.
These norms are followed within the Public Law that stipulates the rules of coexistence between the population.
Table IX
It ensured the rules of public law, so it is believed that it was a continuation of the previous one. It prohibited the handing over of a fellow citizen to the enemy and the holding of night assemblies.
The rules of Table IX were intended to punish those who went against Rome's political regime and ensure the allegiance of its citizens to the government.
X Board
It established laws guaranteeing respect for graves and the dead.
These rules were intended to prevent tombs from being looted by thieves or desecrated by political enemies of the deceased.
Table XI
It determined the prohibition of marriage between patricians and plebeians.
This law sought to ensure that privileges would remain in the hands of patricians and would not be lost through marriage alliances. This prohibition would end the Canuleia Law in 445 BC.
Table XII
The last table dealt with issues of private law such as theft or misappropriation of objects (invasions or during the absence of the owners, for example). The latter included slaves.
This law aimed to guarantee the private property of both plebeians and patricians.
Importance of the Law of the Twelve Tables
The Law of the Twelfth Tables was important because, for the first time in the history of Rome, the rules were written down, so they were not at risk of being manipulated.
In the monarchic period, as the laws were transmitted orally, only the patricians knew it. In this way, commoners were always at a disadvantage, as there was no guarantee of a fair process.
Therefore, the commoners demand changes in this system. In the first place, they manage to create the figure of the "tribune of the plebs", a political office to defend their interests.
Therefore, through the initiative of the plebeian tribune Terentilo Arsa, the laws would be written down. A trio of magistrates went to Athens to study the legislation that was in force in that city, in order to learn them and elaborate a code of laws for the Romans.
Likewise, the Law of the XII Tables laws had not been made by the gods but by human beings. In this way, the law was sought to be equal for all, avoiding privileges and injustices.
Until today, the Public Law and Civil Law of Western countries is inspired by several rules established in this document. For example, the determination that a trial must be held in public, the inviolability of property and the legal equality of all citizens, etc. All this came from the XII Tables Law and is present in the legal code of several countries.
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