here 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 those of the thief; the
harsh procedure in actions of debt remained at least in its leading
features unaltered. Still less, as may easily be conceived, were
changes contemplated in the rights of the orders. On the contrary the
legal distinction between burgesses liable to be taxed and those who
were without estate, and the invalidity of marriage between patricians
and plebeians, were confirmed anew in the law of the city. In like
manner, with a view to restrict the caprice of the magistrate and
to protect the burgess, it was expressly enacted that the later law
should uniformly have prec