acquainted with the foreign laws would be of use in
drawing up the new code of justice. The others
made up the number. They say that also persons
advanced in years were appointed by the last suffrages,
in order that they might oppose with less warmth the
opinions of others. The direction of the entire
government rested with Appius through the favour of
the commons, and he had assumed a demeanour so different
that, from being a severe and harsh persecutor of the
people, he became suddenly a courter of the commons,
and strove to catch every breath of popular favour.
They administered justice to the people individually
every tenth day. On that day the twelve fasces
attended the administrator of justice; one officer
attended each of his nine colleagues, and in the midst
of the singular unanimity that existed among themselves—a
harmony that sometimes proves prejudicial to private
persons—the strictest equity was shown to
others. In proof of their moderation it will
be enough to instance a single case as an example.
Though they had been appointed to govern without appeal,
yet, upon a dead body being found buried in the house
of Publius Sestius,[41] a man of patrician rank, and
produced in the assembly, Gaius Julius, a decemvir,
appointed a day of trial for Sestius, in a matter
at once clear and heinous, and appeared before the
people as prosecutor of the man whose lawful judge
he was if accused: and relinquished his right,[42]
so that he might add what had been taken from the
power of the office to the liberty of the people.
While highest and lowest alike obtained from them
this prompt administration of justice, undefiled,
as if from an oracle, at the same time their attention
was devoted to the framing of laws; and, the ten tables
being proposed amid the intense expectation of all,
they summoned the people to an assembly: and
ordered them to go and read the laws that were exhibited,
[43] and Heaven grant it might prove favourable, advantageous,
and of happy result to the commonwealth, themselves,
and their children. That they had equalized the
rights of all, both the highest and the lowest, as
far as could be devised by the abilities of ten men:
that the understanding and counsels of a greater number
had greater weight; let them turn over in their minds
each particular among themselves, discuss it in conversation,
and bring forward for public discussion whatever might
be superfluous or defective under each particular:
that the Roman people should have such laws only as
the general consent might appear not so much to have
ratified when proposed as to have itself proposed.
When they seemed sufficiently corrected in accordance
with public opinion regarding each section of the
laws as it was published, the laws of the ten tables
were passed at the assembly voting by centuries, which,
even at the present time, amid the immense heap of
laws crowded one upon the other, still remain the
source of all public and private jurisprudence.