Beacon Lights of History, Volume 03: Ancient AchievementsLord, John
History
Beacon Lights of History, Volume 03: Ancient Achievements
Lord, John
History
As it was inconvenient, when Rome had become a very great city, to
convene the comitia for the trial of offenders, the expedient was
adopted of delegating the jurisdiction of the people to persons invested
with temporary authority, called _quaestors_. These were finally
established into regular and permanent courts, called _quaestores
perpetui_. Every case submitted to these courts was tried by a judge and
jury. It was the duty of the judge to preside and regulate proceedings
according to law; and it was the duty of the jury, after hearing the
evidence and pleadings, to decide on the guilt or innocence of the
accused. As many as fifty persons frequently composed the jury, whose
names were drawn out of an urn. Each party had a right to challenge a
certain number, and the verdict was decided by a majority of votes. At
first the judices were chosen from the senate, and afterward from the
equestrians, and then again from both orders. But in process of time the
quaestores perpetui gave place to imperial magistrates. The accused
defended himself in person or by counsel.
The Romans divided _crimes_ into public and private. Private crimes
could be prosecuted only by the party injured, and were generally
punished by pecuniary fines, as among the old Germanic nations.
Of public crimes the _crimen laesae majestatis_, or treason, was
regarded as the greatest; and this was punished with death and with
confiscation of goods, while the memory of the offender was declared
infamous. Greater severity could scarcely be visited on a culprit.
Treason comprehended conspiracy against the government, assisting the
enemies of Rome, and misconduct in the command of armies. Thus Manlius,
in spite of his magnificent services, was hurled from the Tarpeian
Rock, because he was convicted of an intention to seize upon the
government. Under the empire not only any attempt on the life of the
Emperor was treason, but disrespectful words or acts. The criminal was
even tried after death, that his memory might become infamous; and this
barbarous practice was perpetuated in France and Scotland as late as the
beginning of the seventeenth century. In England men have been executed
for treasonable words. Besides treason there were other crimes against
the State, such as a breach of the peace, extortion on the part of
provincial governors, embezzlement of public property, stealing sacred
things, bribery,--most of which offences were punished by pecuniary
penalties.
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