This was, of course, an enormously powerful weapon in the hands of the patricians. Then in the course of the struggle between the orders came the usual demand for written laws. The famous story of the Decemviri and their commission to Athens in 451 B.C. is unfortunately very dubious history. It is full of romantic elements, it is part of that systematic depreciation of the Claudii in Roman history which Mommsen has traced to its probable source, it has elements which look as if they were borrowed from the story of the thirty tyrants at Athens, and there is no confirmation from the Athenian side. Professor Pais believes that the fifth century is much too early for such a code. There are, it is true, in the fragments of the Twelve Tables which have come down to us, some enactments closely resembling those of the Greek codes--regulations, for example, limiting the expense of funerals--but we find such laws in other codes than that of Solon. One would like to have fuller details about that later Appius Claudius, the famous censor of 312 B.C. It is said that he desired to reduce the now complicated bulk of legal formulæ to writing simply for the benefit of the priests, but that a low-born scribe, one Flavius, whom he employed for the purpose as his clerk, fraudulently revealed these judicial secrets to the public. The whole tendency of the Claudian falsifications is to make out that the Claudii were tyrannical and anti-democratic. It certainly looks as if the dishonesty of the freedman had been put into the story for the purpose of robbing the famous censor of his credit for helping the people to a knowledge of law. The whole fabric of Roman law was supposed to rest upon the foundation of the Twelve Tables. Only fragments of them have come down to us. They are undoubtedly very ancient and primitive, more so, it would seem, than the Athenian law of 451 B.C. Fines are to be paid in metal by weight. A creditor has the right to carve up the body of his debtor. Plebeian may not intermarry with patrician. But they also carried something of a charter of liberties for the citizens in that capital punishment could not be inflicted without right of appeal to the assembly, and no law could be proposed against an individual. The language of this famous code is of a rugged simplicity and directness that is truly Roman. On the whole Roman law is merciful, considering its strict character: though much of Roman pleading, as we have it in the mouth of Cicero, is full of appeals to sentiment, Roman law itself allows no appeal to anything so vague as abstract justice. The written letter stands, and there can be no pleading without a legal formula.