n that the interference of the tribunes
in administration and their action as prosecutors had an absolutely
pernicious effect; and the only real gain which the tribunate brought
to the plebeians was the protection which it afforded against a
partial administration of justice, by operating as a sort of court
of cassation to check the caprice of the magistrate. Beyond doubt,
when the plebeians desired a written code, the patricians replied that
in that event the legal protection of tribunes would be superfluous;
and upon this there appears to have been concession by both sides.
Perhaps there was never anything definitely expressed as to what
was to be done after the drawing up of the code; but that the plebs
definitely renounced the tribunate is not to be doubted, since it was
brought by the decemvirate into such a position that it could not get
back the tribunate otherwise than by illegal means. The promise given
to the plebs that its sworn liberties should not be touched, may be
referred to the rights of the plebeians independent of the tribunate,
such as the -provocatio- and the possession of the Aventine. The
intention seems to have been that the decemvirs should, on their
retiring, propose to the people to re-elect the consuls who should
now judge no longer according to their arbitrary pleasure but
according to written law.

Legislation of the Twelve Tables

The plan, if it should stand, was a wise one; all depended on whether
men's minds exasperated on either side with passion would accept that
peaceful adjustment. The decemvirs of the year 303 submitted their
law to the people, and it was confirmed by them, engraven on ten
tables of copper, and affixed in the Forum to the rostra in front
of the senate-house. But as a supplement appeared necessary,
decemvirs were again nominated in the year 304, who added two more
tables. Thus originated the first and only Roman code, the law of the
Twelve Tables. It proceeded from a compromise between parties, and
for that very reason could not well have contained any changes in the
existing law of a comprehensive nature, going beyond the regulation of
secondary matters and of the mere adaptation of means and ends. Even
in the system of credit no further alleviation was introduced than the
establishment of a--probably low--maximum of interest (10 per cent)
and the threatening of heavy penalties against the usurer-penalties,
characteristically enough, far heavier than thos