The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
Ingenious writers, like Vico and Niebuhr, have extended their researches
to the government of the kings, and advanced many plausible
speculations; but the earliest legislation worthy of notice, was the
celebrated code called the Twelve Tables, framed from the reports of the
commissioners whom the Romans sent to Athens and other Greek states, to
collect what was most useful in their legal systems. But scarcely any
part of the civil law contained in the Twelve Tables has come down to
us. All we know with certainty, is that it was the intention of the
decemviral legislation to bring the estates into closer connection, and
to equalize the laws for both. Nor do the provisions of the decemviral
code, with which we are acquainted, show that enlightened regard to
natural justice which characterized jurisprudence in its subsequent
development. It allowed insolvent debtors to be treated with great
cruelty; they could be imprisoned for sixty days, loaded with chains,
and then might be sold into foreign slavery. It sanctioned a barbarous
retaliation--an eye for an eye, and a tooth for a tooth. But it gave a
redress for lampoons or libels, allowed an appeal from the magistrate to
the people, and forbid capital punishment except by a decision of the
centuries. [Footnote: Lord Mackenzie, part 6.] Niebuhr maintains,
[Footnote: Lecture 25.] in his lectures on the History of Rome, that the
Twelve Tables conceded the right to every _pater familias_ of
making a will, by which regulation the child of a plebeian, by a
patrician mother, could succeed to his father's property, which was of
great importance, and a great step in natural justice. It is supposed
that the most important part of the decemviral legislation was
the _jus publicum_, [Footnote: Cicero, _De Legibus_.] or that
which refers to the Roman constitution. The Twelve Tables obtained among
the Romans a peculiar reverence; they were committed to memory by the
young; they were transcribed with the greatest care, and were considered
as the fountain of right. They were approved by the _comitia
centuriata_, which was the supreme authority, and in the time of
Appius Claudius was composed of patricians alone. If Niebuhr is right in
his statement that the power of making wills was given to plebeians, it
shows a greater liberality on the part of patricians than what they
generally have had credit for, and is hardly to be reconciled with the
statement of Lord Mackenzie, that all marriages between patricians and
plebeians were prohibited by the new code.
[Sidenote: The Twelve Tables the basis of Roman law.]
[Sidenote: Progress of Roman Law.]
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