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The
patricians not only administered the law, the magistrates (consuls)
themselves were the only authority who could declare what the law was.
The next plebeian demand therefore was for a published written code. In
451 BC a commission of ten men, the Decemviri, was appointed as a
temporary government, to refine, standardize and record a statutory
code of law. The result, known as the Twelve Tables, was engraved in
copper and permanently displayed to public view. The tables constituted
a clear set of rules for public, private and political behaviour.
If
a thief was a freeman, he was to flogged and bound over to the
plaintiff. If he was a slave he was to be flogged and thrown off the
Tarpeian Rock. Other laws ruled over hygiene and fire-hazards. No
burials or cremations were allowed within the city limits. The upkeep
of roads was deemed the responsibility of those on whose property they
bordered. There was a statutory maximum rate of interest. Anyone
adjudged to be a debtor was given thirty days to pay, after which he
could be sold into slavery by his creditors.
It
was an offence to cast or have cast any spells on someone. Also to
demonstrate in the streets against an individual (instead of for or
against a cause) was forbidden. You could remove any part of a
neighbour's tree which overhung your property.
There
was a fixed penalty for assault, which was reduced if the victim was a
slave. Stealing crops was a capital offence, so was slander (by
clubbing to death). According to Pliny the Elder (a chronist of the
time) the penalty for murder was less than that for stealing crops.
There was a distinction between an intentional and an accidental killing. The father had to right to kill his deformed child.
The
Roman code lasted as long as the Roman Empire itself. Though more
importantly, it was the first time that written code was put down which
applied right across the social scale from the patricians to the
plebeians. The Twelve Tables are generally seen as the beginning of
European law.
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