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Excerpt

Excerpt from History of the Decline and Fall of the Roman Empire — Volume 4, by Edward Gibbon

The primitive government of Rome was composed, with some political
skill, of an elective king, a council of nobles, and a general assembly
of the people. War and religion were administered by the supreme
magistrate; and he alone proposed the laws, which were debated in the
senate, and finally ratified or rejected by a majority of votes in
the thirty curi or parishes of the city. Romulus, Numa, and Servius
Tullius, are celebrated as the most ancient legislators; and each
of them claims his peculiar part in the threefold division of
jurisprudence. The laws of marriage, the education of children, and the
authority of parents, which may seem to draw their origin from nature
itself, are ascribed to the untutored wisdom of Romulus. The law of
nations and of religious worship, which Numa introduced, was derived
from his nocturnal converse with the nymph Egeria. The civil law is
attributed to the experience of Servius: he balanced the rights and
fortunes of the seven classes of citizens; and guarded, by fifty new
regulations, the observance of contracts and the punishment of crimes.
The state, which he had inclined towards a democracy, was changed by the
last Tarquin into a lawless despotism; and when the kingly office was
abolished, the patricians engrossed the benefits of freedom. The royal
laws became odious or obsolete; the mysterious deposit was silently
preserved by the priests and nobles; and at the end of sixty years, the
citizens of Rome still complained that they were ruled by the arbitrary
sentence of the magistrates. Yet the positive institutions of the kings
had blended themselves with the public and private manners of the city,
some fragments of that venerable jurisprudence were compiled by the
diligence of antiquarians, and above twenty texts still speak the
rudeness of the Pelasgic idiom of the Latins.

I shall not repeat the well-known story of the Decemvirs, who sullied by
their actions the honor of inscribing on brass, or wood, or ivory, the
Twelve Tables of the Roman laws. They were dictated by the rigid and
jealous spirit of an aristocracy, which had yielded with reluctance to
the just demands of the people. But the substance of the Twelve Tables
was adapted to the state of the city; and the Romans had emerged
from Barbarism, since they were capable of studying and embracing the
institutions of their more enlightened neighbors. A wise Ephesian was
driven by envy from his native country: before he could reach the shores
of Latium, he had observed the various forms of human nature and civil
society: he imparted his knowledge to the legislators of Rome, and a
statue was erected in the forum to the perpetual memory of Hermodorus.
The names and divisions of the copper money, the sole coin of the
infant state, were of Dorian origin: the harvests of Campania and Sicily
relieved the wants of a people whose agriculture was often interrupted
by war and faction; and since the trade was established, the deputies
who sailed from the Tyber might return from the same harbors with a more
precious cargo of political wisdom. The colonies of Great Greece had
transported and improved the arts of their mother country. CumÊ and
Rhegium, Crotona and Tarentum, Agrigentum and Syracuse, were in the
rank of the most flourishing cities. The disciples of Pythagoras applied
philosophy to the use of government; the unwritten laws of Charondas
accepted the aid of poetry and music, and Zaleucus framed the republic
of the Locrians, which stood without alteration above two hundred years.
From a similar motive of national pride, both Livy and Dionysius are
willing to believe, that the deputies of Rome visited Athens under the
wise and splendid administration of Pericles; and the laws of Solon were
transfused into the twelve tables. If such an embassy had indeed been
received from the Barbarians of Hesperia, the Roman name would have been
familiar to the Greeks before the reign of Alexander; and the faintest
evidence would have been explored and celebrated by the curiosity of
succeeding times. But the Athenian monuments are silent; nor will it
seem credible that the patricians should undertake a long and perilous
navigation to copy the purest model of democracy. In the comparison of
the tables of Solon with those of the Decemvirs, some casual resemblance
may be found; some rules which nature and reason have revealed to every
society; some proofs of a common descent from Egypt or Phnicia. But in
all the great lines of public and private jurisprudence, the legislators
of Rome and Athens appear to be strangers or adverse at each other.

Chapter XLIV: Idea Of The Roman Jurisprudence.--Part II.

Explanation

**Detailed Explanation of the Excerpt from The History of the Decline and Fall of the Roman Empire (Vol. 4, Ch. XLIV) by Edward Gibbon**

This passage from Gibbon’s magnum opus examines the early development of Roman law, tracing its origins from the monarchical period through the Republic, while also critiquing later myths about its influences. Gibbon’s prose is characteristically erudite, ironic, and skeptical, blending historical analysis with literary flourish. Below is a breakdown of the text’s context, themes, literary devices, and significance, with a focus on close reading.

1. Context of the Excerpt

Gibbon’s Decline and Fall (1776–1789) is a monumental work of Enlightenment historiography, charting Rome’s rise and fall from the 2nd century CE to the fall of Constantinople in 1453. Chapter XLIV (Part II) specifically explores Roman jurisprudence, a subject Gibbon approaches with a mix of admiration for Rome’s legal achievements and skepticism toward its legendary origins.

This excerpt covers:

The early Roman government (kingdom period, 753–509 BCE) and its legal foundations.
The Twelve Tables (451–450 BCE), Rome’s first written code, and debates over its influences.
Gibbon’s critique of romanticized accounts (e.g., claims that Rome borrowed from Greek law).

Gibbon writes as an Enlightenment rationalist, distrusting myth and emphasizing empirical evidence. His tone is often ironic, particularly when discussing Rome’s "untutored wisdom" or the dubious story of Hermodorus.

2. Themes

A. The Evolution of Law from Myth to Institution

Gibbon contrasts legendary origins (e.g., Numa’s conversations with the nymph Egeria) with historical reality (e.g., the Twelve Tables as a product of aristocratic resistance). Key points:

Romulus: Associated with "natural" laws (marriage, family) but framed as primitive.
Numa: His religious laws are attributed to supernatural inspiration, which Gibbon treats with skepticism.
Servius Tullius: Credited with civil law (contracts, crimes), reflecting a more rational, structured approach.
The Twelve Tables: A compromise between patricians and plebeians, but still aristocratic in spirit.

Gibbon’s Enlightenment perspective rejects divine or poetic explanations, favoring social contract theory (law as a human construct).

B. The Tension Between Democracy and Aristocracy

The kingship (Romulus to Tarquin) gave way to a republic, but freedom was monopolized by patricians.
The Decemvirs (ten-man commission) who wrote the Twelve Tables were oligarchic, resisting plebeian demands.
Gibbon notes that even after the kings were expelled, law remained a tool of the elite ("the arbitrary sentence of the magistrates").

This reflects Gibbon’s broader theme: institutions evolve, but power structures persist.

C. Cultural Borrowing vs. National Pride

Gibbon debunks the myth that Rome borrowed heavily from Greek law (e.g., Solon’s codes). He argues:

Hermodorus of Ephesus: A possibly fictional figure who supposedly influenced Rome. Gibbon’s tone is mocking ("a wise Ephesian was driven by envy").
Athens under Pericles: Livy and Dionysius of Halicarnassus claimed Roman deputies studied Solon’s laws, but Gibbon calls this unlikely ("the Athenian monuments are silent").
Greek colonies in Italy (e.g., Cumæ, Syracuse) did influence Rome, but not in the way later Romans boasted.

Gibbon’s point: Rome’s early law was pragmatic, not philosophically Greek.

D. The Progress from Barbarism to Civilization

Early Rome was rudimentary ("the rudeness of the Pelasgic idiom").
The Twelve Tables marked a transition from oral tradition to written law.
Later Roman jurists (e.g., Cicero, Justinian) refined this system, but the origins were crude and political.

This aligns with Gibbon’s stadial theory of history: societies progress from savagery to civilization, but not without conflict.

3. Literary Devices & Style

Gibbon’s prose is ornate, ironic, and layered. Key devices in this passage:

A. Irony & Understatement

"Untutored wisdom of Romulus": Mocks the idea that Rome’s first laws were divinely inspired.
"The Decemvirs... sullied by their actions the honor of inscribing the laws": They were corrupt, yet their work was foundational.
"A wise Ephesian was driven by envy": Suggests Hermodorus’ story is dubious.

B. Antithesis & Contrast

"War and religion were administered by the supreme magistrate" vs. "laws were debated in the senate": Highlights the division of power.
"The state... inclined towards a democracy, was changed... into a lawless despotism": Shows political instability.
"The names and divisions of the copper money... were of Dorian origin; the harvests of Campania... relieved the wants of a people": Contrasts cultural borrowing with economic necessity.

C. Allusion & Classical References

Egeria: A nymph who advised Numa—Gibbon treats this as myth.
Hermodorus: A shadowy figure, possibly invented to flatter Roman pride.
Solon, Pericles, Pythagoras: Gibbon invokes these names to contrast Greek philosophy with Roman pragmatism.

D. Rhetorical Questions & Skepticism

"If such an embassy had indeed been received... the Roman name would have been familiar to the Greeks before Alexander": Implies no such embassy existed.
"Nor will it seem credible that the patricians should undertake a long and perilous navigation to copy the purest model of democracy": Patricians hated democracy—why would they seek it out?

E. Parallelism & Repetition

"The laws of marriage, the education of children, the authority of parents": Triadic structure for emphasis.
"The civil law... the law of nations... the natural law": Categorizes legal traditions.

4. Significance of the Passage

A. Gibbon’s Historiographical Method

Skepticism toward sources: He questions Livy and Dionysius’ claims about Greek influence.
Emphasis on political context: Law is not just philosophy but power struggles (patricians vs. plebeians).
Enlightenment rationalism: Rejects supernatural explanations (e.g., Egeria) for secular, empirical ones.

B. Rome’s Legal Legacy

The Twelve Tables were foundational but flawed—a product of aristocratic resistance.
Later Roman law (e.g., Justinian’s Corpus Juris Civilis) built on these crude beginnings.
Gibbon foreshadows how legal evolution both stabilized and corrupted Rome.

C. Broader Themes in Decline and Fall

Institutional decay: Even good laws can be manipulated by elites.
Cultural exchange: Rome borrowed selectively (e.g., Greek coinage, Sicilian grain) but rejected democracy.
The fragility of freedom: The Republic’s laws were supposed to liberate, but often oppressed.

5. Close Reading of Key Lines

"The primitive government of Rome was composed... of an elective king, a council of nobles, and a general assembly of the people."

Tripartite structure: Mirrors modern separation of powers (executive, legislative, judicial).
"Elective king": Emphasizes Rome’s early republican tendencies, though monarchy was hereditary in practice.

"The laws of marriage, the education of children, and the authority of parents... seem to draw their origin from nature itself."

Natural law theory: Gibbon acknowledges some laws are universal, but frames Romulus’ version as primitive.
Irony: "Untutored wisdom" suggests these laws were instinctive, not refined.

"The last Tarquin changed [the state] into a lawless despotism; and when the kingly office was abolished, the patricians engrossed the benefits of freedom."

Paradox: Abolishing monarchy did not bring liberty—it shifted power to patricians.
Foreshadowing: The Republic’s oligarchic tendencies would later contribute to its downfall.

"A wise Ephesian was driven by envy from his native country... he imparted his knowledge to the legislators of Rome."

Sarcasm: Gibbon does not believe this story.
Cultural diffusion: Even if true, Rome adapted Greek ideas rather than adopted them wholesale.

"The names and divisions of the copper money... were of Dorian origin."

Evidence of borrowing: Rome did take practical elements from Greece (e.g., currency).
But not philosophy: Unlike Athens, Rome’s laws were utilitarian, not idealistic.

6. Conclusion: Why This Passage Matters

This excerpt is microcosmic of Gibbon’s broader arguments:

Law is a product of power, not just reason—the Twelve Tables were political, not philosophical.
Rome’s greatness was pragmatic, not poetic—it borrowed tools, not ideologies.
History is written by victors—later Romans mythologized their origins, but Gibbon debunks them.

Gibbon’s skeptical, ironic style makes this more than a dry legal history—it’s a critique of how nations construct their pasts. His work remains influential because it balances admiration for Rome with clear-eyed analysis of its flaws, a hallmark of Enlightenment historiography.