Soon after the strike, or secession, the plebeians were authorised to
elect magistrates, or more strictly officers, of their own, to protect
them from any arbitrary use of the _imperium_; these were called
Tribunes, because the assembly that chose them was arranged according to
tribes, local divisions in which both patricians and plebeians were
registered for taxpaying purposes. The good-will of the patricians in
making this concession is seen in the fact that the tribunes of the
plebs (as they were henceforward called), were placed under the
protection of the gods (_sacrosancti_), so that any one violating them
was made liable to divine anger. As the plebeians grew more numerous and
indispensable, their assembly and officers became steadily more
powerful, and eventually won the right to pass laws binding the whole
State.
Again, it was not long before their ignorance of the customary law and
its methods of procedure found a remedy. A code of law was drawn up in
twelve tables, containing partly old customs now for the first time
written down, partly new rules, some of them perhaps imported from
Athens. Of this code we still possess many fragments, which show plainly
that it was meant for all citizens, whatever their social standing. “The
idea of legislating for a class ... is strikingly absent. The code is
thoroughly Roman in its caution and good sense, its respect for the
past, which it disregards only when old customs violate the rules of
common sense, and its judicious disregard of symmetry.”[4] As the
historian Tacitus said of it long afterwards, it was “the consummation
of equal right.” And it was the source of the whole mighty river of
Roman law, ever increasing in volume, which still serves to irrigate the
field of modern European civilisation.
Public-domain text, read in full here on John Shaqi.
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