Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
The law of debt must also have been on one of the two last tables,
as Cicero describes it as thoroughly unfair. It was binding for
plebeians only. Those two tables, we may be sure, consisted chiefly of
exceptions. The most important part of the legislation of the Twelve
Tables, is that _jus publicum_ which was entirely overlooked by the
earlier commentators, who believed them to have been a code of laws
like that of Justinian, only most imperfect and barbarous. But Cicero
and Livy call them expressly _fons omnis publici privatique juris_; and
Cicero, in the examples in his books _de Legibus_ which are taken from
the laws of the Twelve Tables, speaks also of public administration.
Yet the Twelve Tables certainly did not touch upon any subject that
remained unchanged, as for instance, the whole system of the centuries;
of the alterations in the political law which were found in them,
we have only a few traces. One of these is the enactment that no
_privilegia_ should be issued any more, that is to say, no laws against
individuals, nor condemnations of individuals; there must therefore at
that time have been methods of proceeding with regard to individuals
similar to ostracism at Athens. It is moreover likely that charges were
no longer brought by one of the two orders before the other, and that
the centuries were looked upon as a grand national court of justice. We
have no authority for this; yet, though every story cannot be warranted
in detail, thus much on the whole is certain from the events which
occurred, that until then accusations were made before the _Plebes_
by the tribunes, and before the curies by the quæstors, but that
afterwards such impeachments are no more heard of. Prosecutions before
the tribes on account of individual offences are indeed met with; but
they are no more connected with the antagonism of the two orders.
Probably at that time also the change arose which is afterwards clearly
to be perceived, that the clients entered into the tribes; for the
plebeian tribes, besides what they were from their particular nature,
were also intended to be a general national division, of which we find
several hints. Yet it may also have taken place a hundred, or a hundred
and twenty years later. If Camillus was condemned by the tribes, it may
perhaps be explained in this way, as in his trial his fellow-tribesmen
are spoken of. Cicero among the wise laws of the Twelve Tables which he
receives in his _Leges_, mentions, with reference to his own tumultuary
condemnation by the tribes, that _de capite civis_ could only be judged
_per comitiatum maximum_. It cannot indeed be positively asserted,
that previous to the legislation of the decemvirs, the centuries had
not been called upon to give judgment; I have, however, discovered
a formula which belongs to an earlier time, and perhaps refers to
trials by the centuries, and something definite may yet be found
with regard to this point. If it was so, the practice must have been
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account