DOMĬTĬA DE SĂCERDŌTIIS. [SACERDOS.]

DUĪLĬA (B.C. 449), a plebiscitum proposed by the tribune Duilius,

which enacted that whoever left the people without tribunes, or

created a magistrate from whom there was no appeal (_provocatio_),

should be scourged and beheaded.

DUĪLĬA MAENĬA, proposed by the tribunes Duilius and Maenius

(B.C. 357), restored the old uncial rate of interest (_unciarium

fenus_), which had been fixed by the Twelve Tables. [FENUS.] The

same tribunes carried a measure which was intended, in future, to

prevent such unconstitutional proceedings as the enactment of a lex

by the soldiers out of Rome, on the proposal of the consul.

DŬŎDĔCIM TĂBŬLĀRUM. In the year B.C. 454 the Senate assented to a

Plebiscitum, pursuant to which commissioners were to be sent to

Athens and the Greek cities generally, in order to make themselves

acquainted with their laws. Three commissioners were appointed

for the purpose. On the return of the commissioners, B.C. 452,

it was agreed that persons should be appointed to draw up the

code of laws (decemviri Legibus scribundis), but they were to be

chosen only from the Patricians, with a provision that the rights

of the Plebeians should be respected by the decemviri in drawing

up the laws. In the following year (B.C. 451) the Decemviri were

appointed in the Comitia Centuriata, and during the time of their

office no other magistratus were chosen. The body consisted of

ten Patricians, including the three commissioners who had been

sent abroad: Appius Claudius, Consul designatus, was at the head

of the body. Ten Tables of Laws were prepared during the year,

and after being approved by the Senate were confirmed by the

Comitia Centuriata. As it was considered that some further Laws

were wanted, Decemviri were again elected B.C. 450, consisting of

Appius Claudius and his friends. Two more Tables were added by

these Decemviri, which Cicero calls “Duae tabulae iniquarum legum.”

The provision which allowed no connubium between the Patres and

the Plebs is referred to the Eleventh Table. The whole Twelve

Tables were first published in the consulship of L. Valerius and

M. Horatius after the downfall of the Decemviri, B.C. 449. This

the first attempt to make a code remained also the only attempt

for near one thousand years, until the legislation of Justinian.

The Twelve Tables are mentioned by the Roman writers under a great

variety of names: _Leges Decemvirales_, _Lex Decemviralis_, _Leges

XII._, _Lex XII. tabularum_ or _Duodecim_, and sometimes they are

referred to under the names of _Leges_ and _Lex_ simply, as being

pre-eminently The Law. The Laws were cut on bronze tablets and

put up in a public place. They contained matters relating both to

the Jus Publicum and the Jus Privatum (_fons publici privatique

juris_). The Jus Publicum underwent great changes in the course of

years, but the Jus Privatum of the Twelve Tables continued to be

the fundamental law of the Roman State. The Roman writers speak

in high terms of the precision of the enactments contained in the

Twelve Tables, and of the propriety of the language in which they

were expressed.

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