Ab urbe condita

Titus Livius (Livy)

Livy. History of Rome, Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.

The change was the less owing to its short duration, for the happy beginnings of that government developed into too luxuriant a growth; hence its early failure and the return to the old practice of entrusting to two men the name and authority of consul.

The decemvirs were Appius Claudius, T. Genucius, P. Sestius, L. Veturius, C. Julius, A. Manlius, P. Sulpicius, P. Curiatius, T. Romilius, and Sp. Postumius.

As Claudius and Genucius were the consuls designate, they received the honour in place of the honour of which they were deprived. Sestius, one of the consuls the year before, was honoured because he had, against his colleague, brought that subject before the senate.

Next to them were placed the three commissioners who had gone to Athens, as a reward for their undertaking so distant an embassage, and also because it was thought that those who were familiar with the laws of foreign States would be useful in the compilation of new ones.

It is said that in the final voting for the four required to complete the number, the electors chose aged men, to prevent any violent opposition to the decisions of the others.

The presidency of the whole body was, in accordance with the wishes of the plebs, entrusted to Appius. He had assumed such a new character that from being a stern and bitter enemy of the people he suddenly appeared as their advocate, and trimmed his sails to catch every breath of popular favour.

They administered justice each in turn, the one who was presiding judge for the day was attended by the twelve lictors, the others had only a single usher each. Notwithstanding the singular harmony which prevailed amongst them —a harmony which under other circumstances might be dangerous to individuals —the most perfect equity was shown to others.

It will be sufficient to adduce a single instance as proof of the moderation with which they acted. A dead body had been discovered and dug up in the house of Sestius, a member of a patrician family.

It was brought into the Assembly. As it was clear that an atrocious crime had been committed, Caius Julius, a decemvir, indicted Sestius, and appeared before the people to prosecute in person, though he had the right to act as sole judge in the case. He waived his right in order that the liberties of the people might gain what he surrendered of his power.

Whilst highest and lowest alike were enjoying their prompt and impartial administration of justice, as though delivered by an oracle, they were at the same time devoting their attention to the framing of the laws.

These eagerly looked for laws were at length inscribed on ten tables which were exhibited in an Assembly specially convened for the purpose. After a prayer that their work might bring welfare and happiness to the State, to them and to their children, the decemvirs bade them go and read the laws which were exhibited.

“As far as the wisdom and foresight of ten men admitted, they had established equal laws for all, for highest and lowest alike; there was, however, more weight in the intelligence and advice of many men.

They should turn over each separate item in their minds, discuss them in conversations with each other, and bring forward for public debate what appeared to them superfluous or defective in each enactment.

The future laws for Rome should be such as would appear to have been no less unanimously proposed by the people themselves than ratified by them on the proposal of others.”

When it appeared that they had been sufficiently amended in accordance with the expression of public opinion on each head, the Laws of the Ten Tables were passed by the Assembly of Centuries. Even in the mass of legislation today, where laws are piled one upon another in a confused heap, they still form the source of all public and private jurisprudence.

After their ratification, the remark was generally made that two tables were still wanting; if they were added, the body, as it might be called, of Roman law would be complete. As the day for the elections approached, this impression created a desire to appoint decemvirs for a second year.