Roman Antiquities, and Ancient Mythology: For Classical Schools (2nd ed) — John Shaqi
Roman Antiquities, and Ancient Mythology: For Classical Schools (2nd ed)Dillaway, Charles K. (Charles Knapp)
History
Roman Antiquities, and Ancient Mythology: For Classical Schools (2nd ed)
Dillaway, Charles K. (Charles Knapp)
Mythology, Classical; Rome -- Antiquities
In voting on an impeachment, one tablet was marked with A. for
_Absolvo_--I acquit; hence this letter was called _litera salutaris_;
the other with C. for _condemno_--I condemn; hence C. was called _litera
tristis_.
In the _comitia tributa_, the people voted, divided into tribes,
according to their regions or wards; they were held to create inferior
magistrates, to elect certain priests, to make laws, and to hold trials.
The _comitia_ continued to be assembled for upwards of seven hundred
years, when that liberty was abridged by Julius Cæsar, and after him by
Augustus, each of whom shared the right of creating magistrates with the
people. Tiberius the second emperor, deprived the people altogether of
the right of election.
The extension of the Roman empire, the increase of riches, and
consequently of crime, gave occasion to a great number of new laws,
which were distinguished by the name of the person who proposed them,
and by the subject to which they referred.
Civil trials, or differences between private persons were tried in the
forum by the prætor. If no adjustment could be made between the two
parties, the plaintiff obtained a writ from the prætor, which required
the defendant to give bail for his appearance on the third day, at which
time, if either was not present when cited, he lost his cause, unless he
had a valid excuse.
Actions were either real, personal, or mixed. Real, was for obtaining a
thing to which one had a real right, but was possessed by another.
Personal, was against a person to bind him to the fulfilment of a
contract, or to obtain redress for wrongs. Mixed, was when the actions
had relation to persons and things.
After the plaintiff had presented his case for trial, judges were
appointed by the prætor, to hear and determine the matter, and fix the
number of witnesses, that the suit might not be unreasonably protracted.
The parties gave security that they would abide by the judgment, and the
judges took a solemn oath to decide impartially; after this the cause
was argued on both sides, assisted by witnesses, writings, &c. In giving
sentence, the votes of a majority of the judges were necessary to decide
against the defendant; but if the number was equally divided, it was
left to the prætor to determine.
Trial by jury, as established with us, was not known, but the mode of
judging in criminal cases, seems to have resembled it. A certain number
of senators and knights, or other citizens of respectability, were
annually chosen by the prætor, to act as his assessors, and some of
these were appointed to sit in judgment with him. They decided by a
majority of voices, and returned their verdict, either guilty, not
guilty, or uncertain, in which latter instance the case was deferred;
but if the votes for acquittal and condemnation were equal, the culprit
was discharged.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account