Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

LEX DUODECIMI TAIBULARUM. LEX DUODECIMI TABULARUM. 689
ilermodorus an Ephesian exile aided the Decem- tained that the Twelve Tables contained a body
yri il drawing up the Twelve Tables, though his of rules of law entirely new, is not supported by
assistance would probably be confined to the inter- any evidence, and is inconsistent with all that we
pretation of Greek laws, as it has been suggested know of them and of Roman institutions. It is
(Strabo, p. 642, Casaub.; Pompon. de Orig. Juris, more reasonable to suppose that they fixed in a
Dig 1. tit. 2. s. 2. ~ 4). This tradition vwas con- written form a large body of customary law, which
finrned by the fact of a statute having been erected would be a benefit to the Plebeians, inasmuch as
in the Comitium at Rome in memory of Ilermo- the Patricians were the expounders of the law;
dorus: but it did not exist in the time of Pliny. and it would be to the Patricians a better security
(Plin. H. Nr. xxxiv. 5.) for their privileges. One of the two last tables conThe Twelve Tables contained lmatters relating taimed a provision which allowed no Connubium beboth to the Jus Publicum and the Jts Privatumn tween Patricians and Plebeians; but it is uncertain
(fbus publici privatique jzzris, Liv. iii. 34). The whether this was a new rule of law, or a confirmation
Jus Publicum underwent great changes in the of an old rule. The latter seems the more probable
course of years, but the Jus Privatum of the Twelve supposition; but in either case it is clear that it
Tables continued to be the fundamental law of the was not one of the objects of this legislation to
Rolman State. Cicero speaks of learning the laws put the two classes on the same footing. Modern
of the Twelve Tables (ut carcl en necessariumz) when writers often speak inaccurately of the Decemviral
a boy (de Leg. ii. 4, 23); but he adds that this legislation, and of the Decemviri as enacting Laws,
practice had fileln into disuse when he wrote, the as if the I)ecemviri had exercised sovereign power;
Edict having then become of more importance. but they did not even affect to legislate absoBlUt this does not mean that the fundamental prin- lutely, for the Ten Tables were confirmed by the
ciples of the Twelve Tables were ever formally Comitia Centuriata, or the sovereign people, or, as
repealed, but that the Jus Honorarium grew up Niebuhr expresses it, " when the Decemviri had
by the side of them and mitigated their rigour or satisfied every objection they deemed reasonable,
supplied their defects. There is indeed an instance and their work was approved by the Senate, they
in which positive legislation interfered with them, brought it before the Centuries, whose assent was
by the abolition of the Legis actiones; but the ratified by the Curies, under the presidency of
Twelve Tables themselves were never repealed. the colleges of priests and the sanction of happy
They became the foundation of the Jus Civile; auspices." (Vol. ii. p. 313.) The two new Tables
and they continued to exist together with the un- were confirmed in the same way, as we may safely
written Law. The Law which grew up in the conclude from the circumstances of the case. (Liv.
course of time existed in harmony with the Twelve ii. 37, 57.) It makes no difference that the
Tables, and was a development of their fundamental Sovereign people did not vote on the several
principles. It is a remarkable circumstance in the laws included in the Tables: such a mode of lehistory of Roman Law and a proof of the practical gislation would have been impracticable, and,
skill of the Romans, that long before Jurisprudence as Niebmuhr observes, was not conformable to the
was a science, the doctrine of Successio per Uni- usage of ancient Commonwealths. How far the
versitatem was so completely and accurately stated Decemviri really were able, bty intrigue or otherin the Law of the Twelve Tables, that the Jurists wise, to carry such particular measures as they
of the best period could find nothing to improve. wished to insert in the Tables, is a different ques(Cod. 3. tit. 36. s. 6; 10. tit. 2. s. 25. ~ 9. 13; 4. tion: but ins form their so-called legislation was
tit. 16. s. 7; 2. tit. 3. s. 26; Savignly's Systenz, confirmed, as a whole, by the sovereign, that is,
&c. i. p. 383.) The Roman writers speak in high the Roman people, and consequently the Decemviri
terms of the precision of the enactments contained are improperly called Legislators: they might be
in the Twelve Tables, and of the propriety of called code-makers.
the language in which they were expressed. (Cic. It is consistent with the assnumption that the
tle Rep. iv. 8; Diodor. xii. 26.) That many of Twelve Tables hald mainly for their object the emtheir provisions should have become obscure in bodying of the customary law in writing, to admit
the course of time, owing to the change which that some provisions were also introduced from
language undergoes, is nothing surprising; nor the laws of other states. Indeed, where the Roman
cain we wonder if the strictness of the old law law was imperfect, the readiest mode of supplying
should often have seemed unnecessarily harsh in a the defects would be by adopting the rules of law
later age. (Gell. xvi. 10.) So far as we can form that had been approved by experience among other
a judgment by the few fragments which remain, people, and were capable of being easily adapted to
the enactments were expressed with great brevity the Roman system. Gaius, in his Commentary oil
and archaic simplicity. the Twelve Tables, where he is speaking of Collegia,
Sextus Aelius Paetus Catus in his Tripartita (Dig. 47. tit. 22. s. 4), says, that the members of
commented on the Twelve Tables, and the work Collegia may make what terms they please amlong
existed in the time of Pomnponius. [Jvs AEMLI- themselves, if they thereby violate no Publica Lex;
Nurm.] Antistius Labeo also wrote a comment on and he adds, this Lex seems to be taken from one
the Tables, which is mentioned several times by of Solon's, which he quotes. And in another pasGellius. (i. 12, vii. 15, xx. 1.) Gaius also wrote sage, whein he is speaking of the Actio finium rea Comment on the Tables in six books (ad leyems gundorum (Dig. 10. tit. 1. s. 13), he refers to a law
A-lL. tabzularuen), twenty fragments of which are of Solon as the source of certain rules as to bouincontained in the Digest, and collected by Hom- daries. (See also Cicero, dce Leg. ii. 25.) It is a
inelius in his Palingenesia. (i. 1]17.) There were possible case that the Romans had no written law
also other commentaries or explanations of the before the enactment of the Twelve Tables, except
Laws of the Twelve Tables. (Cic. de Leg. ii. 23, a few Leges, and if this is so, the prudence of
25.) applying to those states which had bodies of
The notion which has sometimes been enter- written law, if it were only as samples and patY Y