Читать книгу The Comic History of Rome - À Beckett Gilbert Abbott - Страница 9

The Romans, being at peace abroad, began to think of improving the means of quarrelling among themselves at home, and a desire for law reform became general. Three senators had been sent to Athens to collect information, but what they picked up in Greece was so thoroughly Greek to them, that they were obliged to get it translated into Latin by one Hermodorus, an Ephesian refugee, before they could understand a word of it.18 As one job naturally leads to another, it was arranged that three commissioners having been employed in cramming, the process of digesting should be entrusted to ten more, who were called the Decemviri. These were appointed from the patricians, after a struggle on the part of the plebeians to get five selected from their own order; but, with a laudable regard to public order, they withdrew their opposition. The especial object for which the Decemviri had been appointed was to frame a new code of laws, but it seems to have been always understood that the practical purpose of a commission is to delay an object, quite as much as to further it. Lest the Decemviri should proceed too rapidly with the work they had been specially chosen to do, arrangements were made for distracting their attention from it by throwing on them the whole business of Government. Had they been modern commissioners of inquiry, they would have needed no excuse for delay; but, with a stubborn resolution to get through their task, they surmounted, or avoided, the obstacles they might have been excused for stumbling at. Instead of making their administrative duties an interruption to their legislative labours, and urging the necessity for attending to both as a plea for the performance of neither, the commissioners took the sovereignty in rotation for five days at a time, and as ten rulers acting all at once would have kept nothing straight, this arrangement for obtaining the strength of unity was altogether a judicious one. At the expiration of their year of office the Decemviri had completed a system of laws, which was engraved on ten tables; – a proof of the industry of the Government of the day, for in these times it would be hopeless to expect ten tables from those who might be, at the same time, forming a cabinet.

Though the Decemviri had done enough to win the public favour, they had left enough undone to afford a pretext for the prolongation of their powers. It was suggested that though the ten tables were very good as far as they went, there was room for two more; and to give an opportunity for this small sum in addition being completed, the continuance of the decemviral form of government was agreed upon. As the time for the election approached, the most disgraceful election intrigues were practised, and in order to disqualify Appius Claudius – one of the former Decemviri – the patricians put him in the chair, or elected him president, on the day of the nomination of the candidates. Appius had for some time been acting the character of the "people's friend," and he had shown himself a consummate actor, for, being a tyrant by nature, he must have been wholly indebted to art for appearing otherwise. Having been called upon to preside, he opened the business of the day by proposing nine names of little note – including five plebeians – and then, with an air of frankness, he suggested himself as a fit and proper person to complete the number. The people – surprised and amused at the coolness of the proposition – proceeded to elect the very candid candidate, who, being joined with a number of nonentities, formed the unit to the ten of which the rest composed the cipher. Soon after their election, the new Decemviri proceeded to complete the twelve tables – and as they formed the origin of the Civil Law, embodying principles which the best jurists have been unable to improve – we will spread these tables before the student, and ask him to sit down with us for a few moments over them.

We cannot promise him any other than a dry repast, with little or nothing to whet his curiosity; and unless his appetite for information is extremely vigorous, there will be little to suit his taste on those plates of bronze or ivory – the material is immaterial, and has been variously described – on which the provisions we are about to serve up were originally carved.

The first table coincided in some respects with our County Courts Act, and furnished a cheap mode of bringing a defendant into court by a simple summons, though if he refused to walk, a mule, an appropriate type of obstinacy, was to be provided for him.

By the second table, it was justifiable to kill a thief in the night; but a person robbed in the day was to have the thief as his slave; a privilege equal to that of being allowed to take into your service, as your page, the urchin who has just picked your pocket. Such an exploit would no doubt indicate a smart lad, and, in order to make him literally smart, the Roman law, in the spirit of our Juvenile Offenders Act, ordered the knave a whipping.

The third table was in some respects an interest table; for it prohibited the taking of more than 12 per cent. on a loan; but if a debtor did not pay within thirty days, he might be bound with chains; an arrangement by which his exertions to get out of difficulty must have been grievously fettered. Having been made to enter into these unprofitable bonds for sixty days, the debtor, if his creditors were more than one, might have been divided between them; but human nature must have found it difficult, under such circumstances, to declare a dividend.

The fourth table seems hardly to have a sound leg to stand upon; for it gave a father the right of life and death over all his children, together with the privilege of selling them. To prevent a parent from pursuing a disgraceful traffic in a series of alarming sacrifices of his family stock, he was not permitted to sell the same child more than three times over, when the infant was permitted to go into the market on his own account, free of all filial duty.

The fifth table related to the estates of deceased persons; and if a freedman died without a will or a direct heir, the law provided for the distribution of his goods without providing for his family. Fallacious hopes among poor relations were checked by handing over to the patron all that remained; and thus the client may be said to have been subject to costs, even after the debt of nature had been satisfied.

In the sixth table, there is nothing worthy of remark; but the seventh guards against damage done by quadrupeds, and not only meets the old familiar case of the donkey among the chickens, but declares that any one wilfully treading on a neighbour's corn shall pay a suitable penalty.

Agriculture was protected by making it a capital offence to blast by incantation another's wheat; so that had the farmers of the day moaned over each other's ruined prospects as they have done in more recent times, performing a sort of incantation by singing the same old song of despair, they might have been liable to lose their heads in the literal as well as in the intellectual sense of which the phrase is susceptible. By the same table, a man breaking another's limb was exposed to retaliation; and a simple fracture was compensated by a simple fracture, though the parties were allowed to compound if they preferred doing so.