Decemvirate (Twelve Tables)

The patricians had developed into the upper class by monopolising the priesthoods, which played an important part in the politics of archaic Rome and, in the Early Republic, the consulship (the office of the two annual elected heads of the Roman Republic and the army), and the seats of the (unelected) senate, the advisory body for the consuls.

The plebeians demanded that the state protect small farmers from the abuse of defaulting debtors by the creditors, who were the wealthy patrician landowners.

At that time the Roman army was a part-time militia of peasant farmers who were drafted each year for the military campaigning season and then went back to their farms.

When their demands were not met, on their return from a defensive military campaign the soldiers refused to obey orders and seceded to Mons Sacer, outside Rome.

It was agreed to appoint decemviri with consular powers which would not be subject to appeal and to suspend both the consulship and the plebeian tribunate.

Both consuls elect, Appius Claudius Crassus Inregillensis Sabinus and Titus Genucius Augurinus, resigned.

So was one of the consuls of the previous year (452 BC), Publius Sestius Capitolinus Vaticanus, because he had put the proposal to the senate despite the opposition of his colleague.

"[12] Each day a different decemvir presided over the magistracy and this man had the twelve lictors (the bodyguards of the consuls) with fasces (bound bundles of rods which were the symbol of supreme authority and sometimes had axes).

All the ten men had twelve lictors and their fasces had axes (even though the carrying of weapons within the city walls was forbidden).

In the end they allowed its proclamation of the levy in silence because they feared a popular uprising would bolster the plebeian tribunes, their political adversaries.

[15] According to Livy, Appius Claudius had his eyes on Verginia, the daughter of a plebeian, Lucius Verginius, who was a centurion absent from Rome with the army.

Having failed to woo her with money and promises, Appius Claudius decided to seize this opportunity to get one of his men to claim her as his slave.

Appius Claudius claimed that he knew that there had been seditious meetings and told Verginius to be quiet and the lictors to seize the slave (Verginia).

Two patricians, Lucius Valerius Potitus and Marcus Horatius Barbatus pushed the lictors back, announcing that “if Appius proceeded legally, they would protect Icilius from the prosecution of a mere citizen; if he sought to make use of violence, there too they would be a match for him."

However, the senators were concerned that the arrival of Verginius at the military camp would cause unrest and sent messengers to tell the commanders to keep the troops from mutiny.

He told his fellow soldiers to "look out for themselves and for their own children" and they replied that they "would not forget his sufferings nor fail to vindicate their liberty."

The civilians who had come with Verginius to the military camp claimed that the decemviri had been overthrown and that Appius Claudius had gone into exile and incited the soldiers to rise up.

When they joined the other army, the twenty "military tribunes" appointed two men, Marcus Oppius and Sextus Manilius, to take command.

The plebeian council carried a motion of immunity and passed a bill for the election of consuls subject to appeal.

Additionally, they specified that the heads of those who violated these ceremonies were to be forfeited to Jupiter and their property sold at the temple of Ceres, Liber, and Libera.

They also introduced the practice of delivering the decrees of the senate to the aediles at the temple of Ceres, “[u]p to that time they were wont to be suppressed or falsified, at the pleasure of the consuls."

However, he said that he would arrest Appius Claudius unless he named a referee who could prove that he had not illegally adjudged a free citizen to the custody of one who claimed her as a slave.

Appius Claudius asked for a trial to assess whether his new laws had established tyranny or freedom and whether the appeal "had been merely a parade of meaningless forms, or had been really granted."

"Before they left the City, the consuls had the decemviral laws, which are known as the Twelve Tables, engraved on bronze, and set them up in a public place.

"[23] The reason why the first decemvirate had a dual role--as a new magistracy which replaced the consuls and took on governance with extraordinary powers, and as a commission for compiling law--is not explained by the sources.

A theory has tried to explain this contradiction by positing that the first decemvirate differed from the second one by being a commission to compile laws, while the latter was a permanent governing body.

Athens was forced to abolish her democracy following her defeat by Sparta and it was replaced by a commission tasked with drafting the laws of a new constitution.

[31] Forsythe also says that the idea of the decemviri being overthrown "might have been suggested to later Roman historians by the names of the consuls for 449 BC, Lucius Valerius Potitus and Marcus Horatius Barbatus."

They were similar to the names of the consuls for 509 BC, the year of the establishment of the Roman republic (Publius Valerius Publicola and Marcus Horatius Pulvillus).

If it had gone to Athens, by that time the Law of Solon would have been replaced by the radical reforms of Pericles in the first half of the 5th century BC.