Livy writes about the Decemviri and the Twelve Tables

3.32
As regards foreign war, the year was a quiet one. The following one, in which P. Curiatius and Sextus Quinctilius were consuls, was still quieter owing to the continued silence of the tribunes. This was due to two causes: first, they were waiting for the return of the commissioners who had gone to Athens, and the foreign laws which they were to bring; and secondly, two fearful disasters came together, famine and a pestilence which was fatal to men and fatal to cattle. The fields lay waste, the City was depleted by an unbroken series of deaths, many illustrious houses were in mourning. The Flamen Quirinalis, Servius Cornelius, died, also the augur C. Horatius Pulvillus, in whose place the augurs chose C. Veturius, all the more eagerly because he had been condemned by the plebs. The consul Quinctilius and four tribunes of the plebs died. The year was a gloomy one owing to the numerous losses. There was a respite from external enemies. The succeeding consuls were C. Menenius and P. Sestius Capitolinus. This year also was free from war abroad, but commotions began at home. The commissioners had now returned with the laws of Athens; the tribunes, in consequence, were more insistent that a commencement should at last be made in the compilation of the laws. It was decided that a body of Ten (hence called the “Decemvirs”) should be created, from whom there should be no appeal, and that all other magistrates should be suspended for the year. There was a long controversy as to whether plebeians should be admitted; at last they gave way to the patricians on condition that the Icilian Law concerning the Aventine and the other sacred laws should not be repealed.

3.33
For the second time-in the 301st year from the foundation of Rome-was the form of government changed; the supreme authority was transferred from consuls to decemvirs, just as it had previously passed from kings to consuls. The change was the less noteworthy 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 honored 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.

3.34
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. The plebeians had learnt to detest the name of “consul” as much as that of “king,” and now as the decemvirs allowed an appeal from one of their body to another; they no longer required the aid of their tribunes.

Livy. The Early History of Rome: Books 1-5–Enhanced (Kindle Locations 3367-3414). Kindle Edition.

For commentary on the Twelve Tables by Theodore Mommsen and Mary Beard, click on the Read More button below.

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