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Transcript
Gr. 7 CS: 17.Greek democracy and the Roman Republic were radical departures from monarchy and
theocracy, influencing the structure and function of modern democratic governments.
09 The Twelve Tables
09
Name ________________________
Introduction: The Early Republic
Around 600 BC, an Etruscan was king of Rome. The Roman Forum or public square began to be built.
Tarquin the Proud was the last king, who was overthrown by aristocrats, who established a republic. A
republic is a form of government in which power rests with citizens, who have the right to vote for leaders.
Roman citizens were free-born males. Two groups fought for power – the patricians (aristocratic
landowners) and the plebeians (commoners, artisans, and merchants). Patricians were hereditary voters
to make laws. Plebeians were barred from taking the most power. The Senate appointed a commission of
twelve to draft new laws between 451-450 B.C. The Centuriate Assembly approved it in 449 B.C., and the
laws were engraved on twelve tables and displayed in the Forum of Rome.
Table I. Proceedings Preliminary to Trial
1. If the plaintiff 1 summons the defendant 2 to court the defendant shall go. If the defendant does not
go the plaintiff shall call a witness thereto. Only then the plaintiff shall seize the defendant.
2. If the defendant attempts evasion or takes flight the plaintiff shall lay hand on him.
Table II. Trial
1a. The penal sum3 in an action by solemn deposit shall be either 500 … or 50 [units] ... It shall be
argued by solemn deposit with 500 [units], when the property is valued at 1,000 or more, but with 50
[units], when the property is valued at less than 1,000. But if the controversy is about the freedom of a
person, although the person may be very valuable, the case shall be argued by a solemn deposit of 50
[units]. ...
Table III. Execution of Judgment
1. Thirty days shall be allowed by law for payment of confessed debt and for settlement of matters
adjudged in court.
2. After this time the creditor shall have the right of laying hand on the debtor. The creditor shall hale4
the debtor into court.
1plaintiff:
a person who brings suit in a court
the party against which an action is brought
3penal sum: a sum of money payable under by law for wrongdoing by the defendant to the person wronged
4hale: to pull forcibly
2defendant:
Summit County (COS 2012 Series Gr. 7) Roman 12 Tables Students
Contributed by: Pat Clayton – SCESC
Adapted from: http://avalon.law.yale.edu/
http://history318.webs.com/9th%20grade%20Global%20History%20notes/GL_Chapter_6.htm
11-6-12
1
Gr. 7 CS: 17.Greek democracy and the Roman Republic were radical departures from monarchy and
theocracy, influencing the structure and function of modern democratic governments.
The Twelve Tables
09
Name ________________________
Table IV. Paternal Power
1. A notably deformed child shall be killed immediately.
2a. To a father ...shall be given over a son the power of life and death.
Table V. Inheritance and Guardianship
1. ...Women, even though they are of full age, because of their levity 5 of mind shall be under
guardianship ...
4. If anyone who has no direct heir dies nearest male agnate6 shall have the estate.
Table VI. Ownership and Possession
1. When a person makes bond and conveyance7, according as he specified with his tongue so shall
be the law.
2. If anyone who has o direct heirs dies, nearest male agnate shall have the estate.
5levity:
lightness of disposition
relative on the father’s side
7conveyance: if it is said, it become a binding responsibility – [a verbal contract under the law]
6agnate:
1. What evidence from each of the above Tables shows that women of Rome had little or no
power?
2. Based on a table, explain a shared attitude of a Roman and Greek (Spartan) toward
children.
3. A verbal word-of-mouth agreement was viewed differently in a Roman and U.S. court.
Based on Table VI, explain the difference between these two.
Summit County (COS 2012 Series Gr. 7) Roman 12 Tables Students
Contributed by: Pat Clayton – SCESC
Adapted from: http://avalon.law.yale.edu/
http://history318.webs.com/9th%20grade%20Global%20History%20notes/GL_Chapter_6.htm
11-6-12
2
Gr. 7 CS: 17.Greek democracy and the Roman Republic were radical departures from monarchy and
theocracy, influencing the structure and function of modern democratic governments.
The Twelve Tables
09
Name ________________________
Table VII. Real Property
6. The width of a road .... shall be eight feet on a straight stretch, on a bend .... sixteen feet.
7. They shall build and repair the road…keep it free from stories.
Table VIII. Torts8 or Delicts9
1b. ... If anyone sings or composes an incantation that can cause dishonor or disgrace to another ... he
shall suffer a capital penalty10.
23. ... Whoever is convicted of speaking false witness shall be flung from the Tarpeian Rock.
Table IX. Public Law
5. Whoever incites a public enemy or whoever betrays a citizen to a public enemy shall be punished
capitally.
6. For anyone whomsoever to be put to death without a trial and unconvicted ... is forbidden.
8
torts: a wrong act or damage for which a civil action can be brought
delict: a wrong or injury done to somebody
10capital penalty: a death penalty
11Tarpeian Rock was a steep cliff on the southern summit overlooking the Forum in Ancient Rome. It was
used during the Roman Republic as an execution site. Murderers, traitors, perjurers, and larcenous
slaves, were flung from the cliff to their deaths. Those who had a mental or significant physical disability
also suffered the same fate as they were thought to have been cursed by the gods. The cliff was about 25
m tall (80 + Feet). To be hurled off the cliff was, in some sense, a fate worse than death, because it
carried with it a stigma of shame. The standard method of execution in ancient Rome was by strangulation
in the Tullianum prison. The rock was reserved for the most notorious traitors, and as a place of unofficial,
extra-legal executions.
9
1. Based on our studies and Table VII, why would Romans state specific measurements and
requirements for roads?
2. How are the rights of the plaintiff and defendant protected in a Roman court case?
3. Give evidence that supports the rights and fair treatment of a free born Roman citizen.
Summit County (COS 2012 Series Gr. 7) Roman 12 Tables Students
Contributed by: Pat Clayton – SCESC
Adapted from: http://avalon.law.yale.edu/
http://history318.webs.com/9th%20grade%20Global%20History%20notes/GL_Chapter_6.htm
11-6-12
3
Gr. 7 CS: 17.Greek democracy and the Roman Republic were radical departures from monarchy and
theocracy, influencing the structure and function of modern democratic governments.
Summit County (COS 2012 Series Gr. 7) Roman 12 Tables Students
Contributed by: Pat Clayton – SCESC
Adapted from: http://avalon.law.yale.edu/
http://history318.webs.com/9th%20grade%20Global%20History%20notes/GL_Chapter_6.htm
09
11-6-12
4
Gr. 7 CS: 17.Greek democracy and the Roman Republic were radical departures from monarchy and
theocracy, influencing the structure and function of modern democratic governments.
The Twelve Tables
09
Name ________________________
Table X. Sacred Law
1. A dead person shall not be buried or burned in the city.
3. ... Expenses of a funeral shall be limited to three mourners wearing veils and one mourner wearing
an inexpensive purple tunic and ten flutists . ...
Table XI. Supplementary Laws
1. ... There shall not be intermarriage between plebeians11 and patrician12 ...
Table XII. Supplementary Laws
2b. From delinquency of children of the household and of slaves ... actions for damages shall be
appointed, that the father or the master may be permitted either to undergo assessment of the claim or to
deliver the delinquent for punishment ...
5. Whatever the people ordain last shall be legally valid.
11
12
patrician: aristocratic landowners
plebeians: commoners, artisans, and merchants
1. What was the role of the Roman government in relationship to funerals?
2. Why would motivate the Romans to forbid marriage between plebeians and patricians?
3. How were misbehaving slaves and children disciplined in Ancient Rome?
Summit County (COS 2012 Series Gr. 7) Roman 12 Tables Students
Contributed by: Pat Clayton – SCESC
Adapted from: http://avalon.law.yale.edu/
http://history318.webs.com/9th%20grade%20Global%20History%20notes/GL_Chapter_6.htm
11-6-12
5