The Twelve Tables by Anonymous
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page 2 of 34 (05%)
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legislation, where laws are piled on laws, the Twelve Tables still
form the fount of all public and private jurisprudence."[2] This celebrated code, after its compilation by a commission of ten men (_decemviri_), who composed in 451 B.C. ten sections and two sections in 450 B.C., and after its ratification by the (then) principal assembly (_comitia centuriata_) of the State in 449 B.C., was engraved on twelve bronze[3] tablets (whence the name Twelve Tables), which were attached to the Rostra before the Curia in the Forum of Rome. Though this important witness of the national progress probably was destroyed during the Gallic occupation of Rome in 387 B.C., yet copies must have been extant, since Cicero (106 B.C.-43 B.C.) says that in his boyhood schoolboys memorized these laws "as a required formula."[4] However, now no part of the Twelve Tables either in its original form or in its copies exists. The surviving fragments of the Twelve Tables come from the writings of late Latin writers and fall into these four types: (1) Fragments which seem to contain the original words (or nearly so) of a law, "modernized" in spelling and to some extent in formation; (2) Fragments which are fused with the context of the quoter, but which otherwise exhibit little distortion; (3) Fragments which not only are fused with the sentences of the citer but also are much distorted, although these preserve in paraphrase the purport of the provisions of a law; (4) Passages which present only an interpretation (or an opinion based |
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