Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
abrogation of the constitution. The consulship was abolished; the Plebs
gave up their tribunate, some have thought in perpetuity, misled by the
hope that the publication of the law would render such a check on the
consular power unnecessary, and as a part of the compromise with the
Patricians, and stipulated only that certain privileges which they had
already gained by law should not be abrogated.[391] The provisional
government appointed for the year 451 took the form of a board of ten
men with consular power but not subject to the law of appeal.[392] The
work was done within the year, and the code posted up on ten tablets
(_tabulae_) and published to the masses. The people were summoned and
told that the commission had created equal rights for all,[393] and the
whole body of law was passed as a _lex_ by the _comitia centuriata_.
But at the end of the year it was declared that the work was not quite
complete. Again the constitution was suspended, and a new board of ten
appointed, this time inclusive of Plebeians.[394] Two new sections were
added, thus bringing up the number of the _tabulae_ to twelve; these also
were confirmed by the centuries, and after the government of the “wicked
ten” had abused its power and fallen, were published with the rest of the
code by the consuls of 448.[395]
Although the law of the Twelve Tables (_lex duodecim tabularum_) was
for the most part a codification of existing rules, it marks a distinct
advance in the recognition of plebeian rights, and thus was of the utmost
political importance in framing rules for the whole state the question
before the commissioners was whether the customary law embodied in the
code should be that which prevailed in the patrician, or that which held
good in the plebeian community. In almost every important particular
plebeian law was preferred. The reason was not any regard for plebeian
rights (the decemvirs re-enacted the rule forbidding marriage between
the orders), but the simplicity and the capacity for universality of
this law. The code is not a hap-hazard collection, but a scientific
compilation; the aim was a “levelling” of the law, an arbitrament between
classes, such as had often formed the task of the Greek legislator; and
in effecting this object the commissioners showed more wisdom than any
Greek legislator of whom we hear. The idea of legislating for a class, or
the still more foolish idea of perfect logical adjustment, are strikingly
absent. The code is thoroughly Roman in its caution and good sense, its
respect for the past, which it disregards only when old custom violates
the rules of common sense, and its judicious contempt for symmetry. Such
a code as this might be changed in detail, but was never likely to be
repealed. It remained the “fountain of all public and private law,” and
justly, for, according to Tacitus, it was the “consummation of equal
right.”[396] Its rhythmical sentences were learnt by heart by school-boys
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