The twelve tables: How Ancient Rome built Its first justice system

The Laws of the 12th Tables are considered to be the first legal code that began to solve legal issues in Rome since the 5th century. Although the legal system was young, it took everything into account: they gave protection to the offended, asked debtors, and established relations between neighbors, including whether one cow had the right to eat the acorns of another that had fallen on its side.

The culprit could be brought to justice, punished with a fine, and the property could be transferred to another according to the statute of limitations on legal rights. They didn’t let me off for theft and assault on life. Even the rights of women were not forgotten: she remained free if she left the house once for three nights.

Bring the culprit to justice

Roman law laid the foundation for a legal system that was later used in other states. Visit. A F R I N I K . C O M . For the full article. Judges were supposed to be guided by the rules when making decisions, thereby emphasizing that the state is the guarantor of the preservation of the rights of any person, regardless of whether it is an enslaved person or a free Roman.

The court hearing was the main stage to find out who was right and who was to blame. If the person called for an answer did not come, then he could be brought by force. If he was unwell, old, or sick, then he was supposed to be brought on a pack animal. Only the owner of a plot or house could be responsible for his household, and anyone could be a guarantor for an unmanageable one.

The dispute was not delayed much. An agreement was supposed to be reached before noon, but if this did not happen, then the deadline was evening. There were cases when the defendant did not come to court, and then the magistrate recognized the person present as right, although the magistrate dropped the charge if the parties came to a compromise on the way to court.

In Rome, it was possible to file lawsuits, but for this it was necessary to pay a tax that was levied on the treasury of the pontiffs: 500 asses (1 ass about 3 kopecks) on a claim of 1,000 asses or more, and 50 asses for small claims. If the defendant did not come, and the applicant lacked witness testimony, he had to go to the gate of the house of the one who did not appear at the trial, and for three days loudly appeal to him.

Controversial debt repayment issues

Some leniency was shown to the debtors – they were given a delay in paying the debt and time to reconcile with the applicant. He received 30 days to acknowledge his debt, and after that time, he had to appear at the court hearing to comply with the decision. If the case was resolved peacefully during this time, the plaintiff could take him into custody and keep him imprisoned in heavy fetters.

At the same time, he had to feed him, giving him at least a pound of flour a day. This could last no more than 60 days, during which the plaintiff and the debtor could agree. During this time, the debtor was taken to the market square three times and reminded of the amount of the debt. The third time, if the problem remained unresolved, he could be executed or sold as a slave abroad.

The rights of women and patrons

In Rome, it was believed that women were frivolous and should be under the care of their husband or his brothers, relatives (agnates). Freedom was allowed only to Vestals, who were respected for their priestly rank. At the same time, the women in the family were not completely disenfranchised. They could own res mancipi (property objects) and were not obliged to transfer them to the agnates, unless they expressed such a desire.

The property could also be based on usufruct. On the one hand, she had something significant – land or a mill – and could earn income from it, even becoming a widow, but she could not take it away from the family during the divorce. It remained the property of her husband’s family, which returned after her death.

A woman could preserve her freedom and escape her husband’s power by using the fact that they had been living together for a long time: if she left the house for three nights once a year. In this way, she broke the statute of limitations of ownership, which her husband could use, declaring her his property.

Roman law also spelled out how and to whom inheritance should be transferred. It rightfully passed to Agnatus or the guardian. The patron (the father of the family) had the right to claim part of the property of the freedmen, who, even in this position, were obliged to work for him, and only their children became full-fledged Romans.

Lay a hand on: resolving a dispute over ownership of an item

Limitation of ownership is a law that allows you to use someone else’s property after a certain period fully. A small object became property after a year, and a large object, such as land, after 2 years. It was possible to defend your right to the thing. To do this, in front of witnesses, you had to touch her and argue in court. In other words, the one who was more eloquent successfully proved his case.

A large item was to be alienated only with five witnesses and a weigher, while the owner had to relinquish ownership of the item. If any clause was violated, then the deal could be challenged and the object could be returned to its owner. Small things did not require such strict agreement and were given by consent. But there were also rules on when and how stolen items could be claimed. For example, the owner could not take the stolen poles for gartering grapes or logs for building a house, but he could demand double the cost for them.

Resolving disputed neighborhood issues

Living in the neighborhood often meant encountering another person and their property, which often led to many disagreements.: about dividing the boundary, planting trees, and for other reasons. To avoid controversial issues, Solomon prescribed the norms that were adopted in Rome. The requirements included that the moat along the site could be considered a border, and it could not be crossed.

A fence should be erected a foot away from the neighboring plot to build a house. Two feet away, a well could be dug. A grave or pit could be dug at a distance of 6 feet from the house, with its depth determined by the specific needs. An olive or fig tree can be planted 9 feet away from an adjacent plot, and other trees can be planted 5 feet away.

The neighbor had the right to remove the interfering tree branches hanging on his plot or to use the fruits. To avoid disputes about who is to blame and suffered a loss, the law prescribed such a moment: if a cow comes out and eats fallen acorns from a neighbor’s tree in its owner’s yard, then it has every right to do so. A neighbor cannot object because he has not been harmed by the fact that this is not his territory.

Capital punishment in law

Human life was valued, and the law had the strictest requirements in this regard. If someone breaks another person’s bone with a stick or other object, he must compensate him for the damage in the amount of 300 acc. for a free Roman, and 150 for a slave. For an insult, an insult was given 25 ass.

The latter ceased to be a punishment when this amount turned into a meager payment, because the Roman Empire grew and began to live richer. One nobleman decided to demonstrate his views on this law specifically. He walked down the street and slapped everyone whom he didn’t like. A servant followed and distributed 25 assas to the victims.

The death penalty was imposed for serious crimes, especially if there were several criminal acts, while equal retribution was introduced, like the proverb: “an eye for an eye.” The victim could have done the same to the one who harmed him. For intentionally caused harm, there was also a payment in the form of a fine to cover the harm. If an animal did this, the owner had to give it to the victim for punishment or pay for the damage caused.

The “enchantment” of crops was severely punished, as it was believed that crops were being lured away in this way. It is no less a misdemeanor if someone poisons or harvests someone else’s crops at night. Everything that was done to harm at night was immediately equated to a crime, and the culprit could pay with his life. At the same time, the murderer was not even punished, believing that he had done the right thing. The statement about the use of poison still had to be proved, because even a medicine can be recognized as a poison, the masters believed.

Juvenile offenders were given a discount: they were not given the death penalty, but were allowed to compensate for the damage, but in double the amount, or to work off the debt. Adults could be executed or given into the hands of the victim if he was a free Roman, and if the person was enslaved, he was thrown off a cliff. The culprit’s guilt was not discussed if he committed theft or sabotage at night. They didn’t even punish him for his murder, considering it a legitimate action. If the culprit was caught during the day, he could defend his honor with a gun, but there had to be witnesses.