A day in old Rome : $b a picture of Roman lifeDavis, William Stearns
History
A day in old Rome : $b a picture of Roman life
Davis, William Stearns
Rome -- Social life and customs
=299. The Great Tribunals in the Basilicas.=--If we visit the great
basilicas, we find two kinds of tribunals steadily functioning. For
much civil business there is the great “Court of the Centumviri,” a
board not of “One Hundred” but actually of one hundred and eighty
distinguished citizens, who sit sometimes all together, sometimes
divided into four groups for conducting trials simultaneously. Their
stronghold is the Basilica Julia. It is a great honor to argue before
the Centumviri, and every advocate exhausts his wiles to induce the
grave judges to pay him the highest compliment (as they did to Pliny
the Younger) by “suddenly leaping to their feet and applauding him as
if they could not help themselves.”
The most of the higher litigation, however, goes before _judices_. A
_judex_ may be one of the great panel of 4000 citizens,--senators,
equites, and plebeians of substance who can be called upon to serve as
a kind of jury for ordinary trials of importance. The size of such a
jury depends on the nature of the case as provided by statute,--you can
have from 32 members up to a full 100. There is a high judge over the
entire body, either the prætor, or a professional expert in the law,
the _judex quæstionis_, who controls the presentation of evidence and
the strictly technical parts of the trial.
After the evidence has been submitted, orally or in writing, and the
orators have exhausted themselves, the jurors take small wax-covered
tablets and vote, each man marking simply letters: A = _absolvo_, “Not
guilty,” C = _Condemno_, “Guilty,” N.L. = _Non Liquet_, “No verdict.” A
bare majority can either acquit or condemn, but, of course, no man is
condemned on a plurality, and a tie means acquittal. If “No verdict”
is the decision, the case can still go to another trial. Roman juries,
therefore, do not have to be locked up for days to compel them to agree.
However, this jury system is often inconvenient and does not adapt
itself to that very technical justice in which the Roman jurisconsults
increasingly delight. More and more cases are being tried by a single
_judex_, or a small bench of _judices_, men highly trained in the
law, and especially appointed by the prætor or other high official,
to investigate a given case and report their findings. Under the
later Empire the large juries will disappear altogether, and a few
professional judges will become arbiters alike of the law and the
evidence--an excellent system from the standpoint of scientific
jurisprudence, but not so excellent if these judges become corrupt,
pliable, or subject to class prejudices.
Public-domain text, read in full here on John Shaqi.
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