The Law of the Twelve Tables was a set of laws elaborated in the period of the Roman Republic, under pressure from the commoners.
Established in 451 a. C., there were written the laws that determined how the judgments, the punishments for the debtors and the father's power over the family should be.
Commented Law of the Twelve Tables
The original tablets were displayed in the Forum so that the entire population could see them.
Unfortunately, they were lost in 390 BC. Ç. during the Gauls' invasion of Rome. Therefore, what has come down to the present time were citations of the laws made by various classical authors.
table I
It establishes the rules of proceedings, how the opening and closing of a trial must be done, the defendant's obligation to attend the trial, etc.
This assured the commoners that the processes would take place within precise rules and not invented at the time.
Table II
It is believed that it 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 board has complete sections. It talks about the judgment and the 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 incurred.
Likewise, it decreed that a 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 allowed 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 families”. The father had the right to kill a child who was born with a deformity, for example. Likewise, I could sell him as a slave.
This law expresses how the head of the family was powerful in Ancient Rome, with little participation by women and minors.
Table V
Characterizes inheritances and guardianships. It indicated that if a person died without heirs or a will, the person who would receive the inheritance would be the next of kin.
This law guaranteed that the assets of a family would remain in the same family, without a ruler or other person being able to take them.
Table VI
This described what buying and selling property should be like. Since women were seen as objects, the conditions under which the husband must proceed in rejecting his wife are also explained here.
Again, it highlights the great power that the family man had in this society.
Table VII
It addresses crimes committed against property, whether it is real estate or a slave. If someone has destroyed something, he must either 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
Established measures between neighboring properties and rules of coexistence between 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 among 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 surrender of a fellow citizen to the enemy and the holding of nocturnal assemblies.
The rules of Table IX were intended to punish those who went against Rome's political regime and to guarantee the loyalty of its citizens to the government.
table X
It established the laws guaranteeing respect for the tombs and the dead.
These norms were intended to prevent the 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 commoners.
This law sought to guarantee that privileges would remain in the hands of the patricians and would not be lost through matrimonial alliances. This prohibition would end the Canuleia Law, in 445 a. Ç.
Table XII
The last table dealt with issues of private law such as theft or improper appropriation of objects (invasion or during the absence of owners, for example). The latter included slaves.
This law aimed to guarantee the private property of both commoners and patricians.
Importance of the Twelve Tables Law
The Law of XII Tables was important because, for the first time in the history of Rome, the rules were written, and thus, they did not run the risk of being manipulated.
In the monarchic period, as the laws were transmitted orally, only the patricians knew about it. In this way, the commoners were always at a disadvantage, as there was no guarantee of a fair process.
Therefore, the commoners demand changes in this system. First, they achieve the creation of 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. A trio of magistrates went to Athens to study the legislation in force in that city, in order to learn about them and draw up a code of laws for the Romans.
Likewise, the Law of the XII Tables was not made by the gods but by human beings. In this way, the aim was for the law to be equal for everyone, avoiding privileges and injustices.
Until today, Public Law and Civil Law of Western countries is inspired by several rules established in this document. For example, the determination that a judgment must be held publicly, the inviolability of property and legal equality between all citizens, etc. All this came from the Law of XII Tables and is present in the legal code of several countries.
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- Roman Republic
- Ancient Rome
