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The creation of the plebian assembly and plebian magistrates did not stop the
conflict between the plebians and the patricians, though the plebians had made a
large step by having their own political assembly they still felt far from being equal
with the patricians. One of the plebians main
grievances was that the laws of Rome were governed and administered by the
patricians and as the patricians refused to tell the plebians what the laws
were the patricians were effectively free to administer
the laws however they saw fit. This allowed the patricians great power over the plebians
and caused them much dissatisfaction, they were
aware that they could not be equal in the eyes of the law unless they knew what
the laws were.
In 462 BC the tribune, Gaius Terentilius Harsa, proposed that a commission be appointed to
gather up the laws and to publish them, so that the whole of the Roman people could
read them. This proposal was bitterly opposed by the patricians and at first nothing came
of it, there was continuing conflict between the two orders over the next few years
and the patricians made various concessions to try
and placate the unsettled plebian population, among other things the senate increased the number of tribunes from two to five, and
then to ten, they gave the plebs some of the public land on the Avantine hill
and limited the maximum fine that a magistrate could impose (the limit was set
at two sheep and thirty oxen). This did not have the desired effect for the
patricians as the plebians real desire was to have equal legal rights.
Finally in 452 BC compromise was reached and it was decided that in the
following year no consuls or tribunes would be elected and instead a group of ten men, called decemvirs, would
be appointed. These decemvirs main purpose was to write the laws of Rome down so
that all people could read them, but they would also be granted entire control of the
government during this period (why this was thought to be necessary is
unknown).
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The initial decemvirs were composed completely of patricians and supposedly
they started by sending a commission of three men to Greece to consult the laws of Solon.
There is doubt whether this actually happened because of two main reasons; It
seems unlikely Rome would borrow the laws of another country to govern their own,
especially as the
laws that were published were quite different then Greek law at that time, the
other issue was that the plebians were not questioning the fairness of the laws of Rome
but instead simply wanted the existing laws to be written down so that they could know what they were and if they were
properly administrated or not.
In 450 BC the First Decemvirate finished their task and ten brass 'tables'
were erected in the forum which contained the laws of Rome. At the end of the
year a Second Decemvirate was elected, this time composed of a mix of plebians
and patricians, to finish the codes of law and they added
two more tables, bringing the total to twelve. This was a great event for the
plebian order, not because there was any concessions to them in the laws in the twelve tables, but because it meant that the laws
were now publicly
known and the plebians (and the patricians) now knew their rights and the rights
of every other person in Rome.
The second decemvirate exercised their power in a manner that can only be
described as tyrannical, they seemed to actively oppress the plebians finally at
the end of their year in office they refused to resign and continued to rule
Rome under their leader Appius Claudius. The final straw appears to have been
when Claudius attempted to use a legal trick to seize control of Virginia, the beautiful
daughter of a plebian soldier, her father then killed her to save her
from dishonour. This was the catalyst that caused the second secession of the plebians.
Virginia's father rushed back to his armies camp outside the city and urged
the soldiers to resist the decemvirs, the army decided to secede from Rome again
and with a large number of citizens of Rome they decided to set up a new city on
the Sacred Mount again. Rome seemed on the verge of ruin with a severely
weakened army and many citizens gone. The decemvirs were forced to resign and
the old government was restored and two consuls, Valerius and Horatius, were
elected, both of whom where friendly to the plebians.
The Twelve Tables had a provision prohibiting intermarriage between
patricians and plebeians. This appeared in the eleventh table, the first of the
two extra tables enacted by the second (illegal) college. The Roman tradition
viewed this law as unfair, and it has been argued that the eleventh and twelfth
tables were ascribed to a (made up) second college in order to separate the
unfair enactment from the supposedly fair legislation of the ten tables enacted
by the first college. The twelfth dealt with unobjectionable matter and was
presumably added to the "unfair" legislation simply because the law
considered unfair was in the eleventh. Thus , according to this view, the second
college was concocted to explain away the unfairness of the one provision, while
maintaining intact the reputation of the code as a whole. Although there is some
logic to this position, there is no evidence that it was actually the provision
about intermarriage that led to the idea that there were two colleges.
445 BCE || The Lex Canuleia
This law, a product of the continuing struggle between Patricians and
Plebeians referred to as The Conflict of the Orders, allowed Patricians and
Plebeians to intermarry.
http://www.forumromanum.org/history/morey08.html
http://www.ualberta.ca/~csmackay/CLASS_365/12.Tables.html
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