Ancient Roman law was based mostly on their religion. The
first written legal document for law was written in 451- 450 B.C., and it was created by a committee of 10 men. This first set of laws was known as the Twelve Tables. This is also one of the few remaining documents of the ancient Romans. Although these are thought not to be the originals for they believe that the originals were put down on bronze and were destroyed by the Gauls when they ransacked Rome and burned it to the ground. The Twelve Tables were first created to protect the civil rights between the patricians and plebeians. Patricians were the wealthy class of Romans and plebeians were the poor class of Romans. The tables each had a different law and they are as follows:
The first table is about procedure in court trials and it states, "If he (plaintiff) summon him (defendant) into court, he shall go. If he does not go, (plaintiff) shall call witnesses. Then only he shall take him by force. If he refuses or flees, he (plaintiff) shall lay hands on him. If disease or age is an impediment, he shall grant him a team (of oxen). He shall not spread with cushions the covered carriage if he does not wish to."
Back to topThe second table is also for trial and it states, "Whoever is in need of evidence, he shall go on every third day to call out loud before the doorway of the witness." Back to top
The third table is about debt and the repayment of it and it states, "When a debt has been acknowledged or a judgment has been pronounced in court, 30 days must be the legitimate grace period. Thereafter, arrest of the debtor may be made by the laying on of hands. Bring him into court. If he does not satisfy the judgment (or no one in court offers himself as surety on his behalf) the creditor may take the debtor with him. He may bind him either in stocks or fetters, with a weight of no less than 15 lbs. (or more if he desires)." [After 60 days in custody, the case is returned to the court, and if the debt is not then paid, the debtor can be sold abroad as a slave, or put to death.] Back to top
The fourth table is about the rights of fathers over the family and it has several and the table states, "A dreadfully deformed child shall be killed. If a father surrenders his son for sale three times, the son shall be free." Back to top
The fifth table has to do with legal guardianship and inheritance laws and it has several parts and it states, "Our ancestors saw fit that females, by reason of levity of disposition, shall remain in guardianship, even when they have attained their majority. A spendthrift is forbidden to exercise administration over his own goods. The inheritance of a Roman citizen-freedman is made over to his patron, if the freedman has died in testate and has no natural successor." Back to top
The sixth table is for acquisition and possession and it has several parts and the table states, "When a party shall make bond or conveyance, what he has named by word-of-mouth that shall hold good. If a man and woman live together continuously for a year, they are considered to be married; the woman legally is treated as the man's daughter."
The seventh table has to do with land rights. Back to top
The eighth table is about laws and injury and it states, "If a person has maimed another's limb, let there be retaliation in kind, unless he agrees to make compensation with him. If a patron shall defraud his client, he must be solemnly forfeited (`killed'). Whoever is convicted of speaking false witness shall be flung from the Tarpeian Rock. No person shall hold meetings in the City at night." Back to top
The ninth table is about public law and it has several parts and the table states, " No person shall hold meetings in the City at night. The penalty shall be capital punishment for a judge or arbiter legally appointed who has been found guilty of receiving a bribe for giving a decision. Putting to death... of any man who has not been convicted, whosoever he might be, is forbidden." Back to top
The tenth table is about sacred law and it also has several parts and the table states, "Women must not tear cheeks or hold chorus of `Alas!' on account of a funeral. Anointing by slaves is abolished, and every kind of drinking bout....there shall be no costly sprinking, no long garlands, no incense boxes." Back to top
The eleventh table was just added because it was not covered by the other topics of laws and this table states, "Marriage shall not take place between a patrician and a plebeian."
The twelfth table was also just added because it was not covered by the other topics of laws and this table states, "Whatever the People has last ordained shall be held as binding by law." Back to top
That was the first set of laws that the Romans first developed. Later on they based their new laws on the first set they ever had, Twelve Tables. As you can see some of these laws are very similar to modern day laws. Some of the other laws are very wrong such as the the eleventh table were it states that the wealthy and poor are not allowed to marry.