The Twelve Table

Question No 1: Define twelve Tables of ancient Roman Legal system in detail.

Introduction 

Tradition tells us that the code was composed by a commission (first of ten and then of

twelve men) in 451-450 B.C., 

It was ratified by the Centuriate Assembly in 449 B.C., 

And was engraved

on twelve tablets , which were attached to the Rostra before the Curia in the

Forum of Rome.

The First written Law:

In 451 B.C. Romans created a special

Magistrature, the decemviri legibus

scribundis consulari potestate, in order to

reform the Roman juridical system: they

published the Laws of the Twelve Tables.

Also this was a result of the Plebeian

struggle, not so much for the content of

the Tables, but for the fact that the

People obtained a written format, the first

of its kind; embossed on sheets of

bronze, displayed in the Forum, no longer

a secret of Patricians, which gave the

possibility for them to be read by

everyone

Historical background

• As a result/ due to concerns of plebeians, in 449BCE a legal writen document called ‘’Twelve

Table’’ was published.

• Law of Twelve Table’ is the foundaton of Roman law and remained the most important legalt ext in the Roman state for many centuries.

•Twelve table included not only the law that applied directly to citiens but also aspects of publicl aw, religious law, legal procedure. 

•Twelve table did not rewrite existng law or create a new law.

•These simply transferred established customary law to a written form text.

•These were similar like to American constitution as Bill of Rights. They were codified /written on bronze tablets. 

•These were set of rules, citizen had to follow and also limited on the power of government over citizens.

•In History of government, twelve table have a special place.

•These are the basis of Roman Republic.

Features of twelve table:

1. Written from 451-450BBf

2. First written law of Roman 

3. Basis of Private rights of Roman citizen mostly

4. Applied equally to all citizens

Why was the law of twelve tables created?

As a result of continuous struggles of plebeians, Plebeians wanted fair rights for all citizens. They 

threatened to leave the city.

Twelve table were first legal code of Roman Republic drafted between 451Bf-450BBf. 

These laws helped to resolve the conflict between patrician and plebeians. 

These laws established rights/responsibilities of Roman citizen in area of property, traits, 

personal wrongs, public and religious maters.

Why they are called twelve table?

These laws are called as twelve tables because these are writen on bronie tablets. 

Who created these laws?

As a result of Plebeian’s pressure and threats, a committee of special ten men was created. This

committee was responsible for codifying the Roman laws. 

Importance of law of twelve tables

These laws became the basis for all Roman Laws and established the idea that all free citizen 

had a right to the protection of law.

This an extract from XII Tables:

XII Tables: Content

The XII Tables had to cover the whole field of Law (sacred, public, criminal and private),

including the trial.

It was a Collection of previously existing and orally handed down Customs.

First Three Tables:

According to the reconstructions of the text by modern scholars, it seems that the first three

Tables would have concerned the civil trial and forced execution.

Four to Ten Tables:

fourth family Law, fifth the mortis causa successions, sixth legal transactions, seventh real

estate, eighth and ninth crimes and criminal trials, tenth 'constitutional' Law,

Last Two Tables:

while the last two were defined as tabulae iniquae, because (added later) instituted the

prohibition of marriage between Patricians and Plebeians.

‘‘Laws of Twelve Table’’:

These laws were created where everyone wanted to know what the law were after Rome

became a republic.

‘‘Laws of Tables’’

1. Proceedings preliminary to trial . 

You must appear in court if summoned.

2. Trial . 

If the witness does not appear at court, every 3rd day he will be called -----------he

appear

3. Execution of judgment debt 

.

 One who has confessed a debt, or against whom

judgment has been pronounced. You have 30B days to pay it.

4. Paternal power .

 If a father sells his son 3 times, the son is free. 

5. Inheritance and Guardianship. 

Inheritance goes to nearest male relative if there is no heir. If a child is born dreadfully deformed he shell be killed immediately. Female must

have a guardian.

6. Ownership and possession.

 You cannot take another person property.

7. Real property and Land right.

 Roads must be kept in order. You can have----------that has fallen on another form.

8. Torts and Delicts.

 If you are slain while stealing at night, you deserved to die. Thieves

cannot be killed by day. Any person who burns a buildings or corn, will be put to death

by burning. If you are found guilty of giving false witness you shall be hurled down from

the Tarpeian Rock used as a site of execution during Roman Republic

9. Public Law. 

Penalty of receiving a bribe for a decision is death.

10. Sacred Law.

 You cannot bury or burn a corpse in the city and women cannot take wail at funerals.

11. Supplementary law. 

Marriage between plebeians at patrician are forbidden.

12. Supplementary law. 

Whatever law passes through senate shall be the law.

FURTHER READING ABOUT Twelve Table 

Cannot be considered a revolutionary act in favour of the Plebs:

Nevertheless the publication of XII Tables cannot be considered a revolutionary act in favour of

the Plebs, due to the fact that they contained only the interpretation of some Mores Maiorum.

The XII Tables were an act of supreme human political power, pronounced by Man (which

allowed the possibility to be changed): Mores Maiorum on the other hand belonged to a divine

dimension, handed down from Fathers and were considered compulsory and unalterable.

Conclusion:

The charter of the twelve tables enumerates certain provisions which can alter 'and modify the present customary law but it's Major portion drives it's authority from the civil procedure and the private law.