Concept

Twelve Tables

The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws. In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis of Roman law for a thousand years. The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code', although modern scholars consider this characterization exaggerated. The Tables are 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. There is no scholarly agreement about the exact historical account of the creation and promulgation of the laws of the Twelve Tables. Ancient writers' stories about the Twelve Tables were recorded a couple of centuries later, in the second and first centuries BC. The first known publications of the text of the Twelve Tables were prepared by the first Roman jurists. Sextus Aelius Paetus Catus (consul in 198 BC) in his work on jurisprudence called Tripartita included a version of the laws of the Twelve Tables, his commentary on them and the legal formulas (legis actiones) to use them in trials. Lucius Acilius Sapiens was another early interpreter of the Twelve Tables in the middle of the second century BC.

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