_Assemblies, Judicial Proceedings, and Punishments of the Romans._
The assemblies of the whole Roman people, to give their vote on any
subject, were called _comitia_. There were three kinds, the _curiata_,
_centuriata_, and _tributa_.
The _comitia curiata_ were assemblies of the resident Roman citizens,
who were divided into thirty _curiae_, a majority of which determined all
matters of importance that were laid before them, such as the election
of magistrates, the enacting of laws and judging of capital causes.
_Comitia centuriata_ were assemblies of the various centuries into which
the six classes of the people were divided.
Those who belonged to the first class were termed _classici_, by way of
pre-eminence--hence _auctores classici_, respectable or standard
authors; those of the last class, who had no fortune, were called
_capite censi_, or _proletarii_; and those belonging to the middle
classes were all said to be _infra classem_--below the class.
_Comitia centuriata_ were the most important of all the assemblies of
the people. In these, laws were enacted, magistrates elected, and
criminals tried. Their meeting was in the Campus Martius.
It was necessary that these assemblies should have been summoned
seventeen days previously to their meeting, in order that the people
might have time to reflect on the business which was to be transacted.
Candidates for any public office, who were to be elected here, were
obliged to give in their names before the _comitia_ were summoned. Those
who did so, were said to _petere consulatum vel praeturam_, &c.; and they
wore a white robe called _toga candida_, to denote the purity of their
motives; on which account they were called _candidati_.
Candidates went about to solicit votes (_ambire_,) accompanied by a
nomenclator, whose duty it was to whisper the names of those whose votes
they desired; for it was supposed to be an insult not to know the name
of a Roman citizen.
_Centuria praerogativa_ was that century which obtained by ballot the
privilege of voting first.
When the _centuria praerogativa_ had been elected, the presiding
magistrate sitting in a tent (_tabernaculum_,) called upon it to come
and vote. All that century then immediately separated themselves from
the rest, and entered into that place of the Campus Martius, called
_septa_ or _ovilia_. Going into this, they had to cross over a little
bridge (_pons_;) hence the phrase _de ponte dejici_--to be deprived of
the elective franchise.
At the farther end of the _septa_ stood officers, called _diribitores_,
who handed waxen tablets to the voters, with the names of the candidates
written upon them. The voter then putting a mark (_punctus_) on the name
of him for whom he voted, threw the tablet into a large chest; and when
all were done, the votes were counted.
If the votes of a century for different magistrates, or respecting any
law, were equal when counted, the vote of the entire century was not
reckoned among the votes of the other centuries; but in trials of life
and death, if the tablets pro and con were equal, the criminal was
acquitted.
The candidate for whom the greatest number of centuries voted, was duly
elected, (_renunciatus est_:) when the votes were unanimous, he was said
_ferre omne punctum_--to be completely successful.
When a law was proposed, two ballots were given to each voter: one with
U. R. written upon it, _Uti Rogas_--as you propose; and the other with
A. for _Antiquo_--I am for the old one.
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 Caesar, 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 praetor. If no adjustment could be made between the two
parties, the plaintiff obtained a writ from the praetor, 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 praetor, 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 praetor 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 praetor, 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.
There were also officers called _centumviri_, to the number at first of
100, but afterwards of 180, who were chosen equally, from the 35 tribes,
and together with the praetor constituted a court of justice.
Candidates for office wore a white robe, rendered shining by the art of
the fuller. They did not wear tunics, or waist-coats, either that they
might appear more humble, or might more easily show the scars they had
received on the breast.
For a long time before the election, they endeavored to gain the favor
of the people, by every popular art, by going to their houses, by
shaking hands with those they met, by addressing them in a kindly
manner, and calling them by name, on which occasion they commonly had
with them a monitor, who whispered in their ears every body's name.
Criminal law was in many instances more severe than it is at the present
day. Thus adultery, which now only subjects the offender to a civil
suit, was by the Romans, as well as the ancient Jews, punished
corporally.
Forgery was not punished with death, unless the culprit was a slave; but
freemen guilty of that crime were subject to banishment, which deprived
them of their property and privileges; and false testimony, coining, and
those offences which we term misdemeanors, exposed them to an
interdiction from fire and water, or in fact an excommunication from
society, which necessarily drove them into banishment.
The punishments inflicted among the Romans, were--fine, (_damnum_,)
bonds, (_vincula_,) stripes, (_verbera_,) retaliation, (_talio_,)
infamy, (_ignominia_,) banishment, (_exilium_,) slavery, (_servitus_,)
and death.
The methods of inflicting death were various; the chief were--beheading
(_percussio securi_), strangling in prison (_strangulatio_), throwing a
criminal from that part of the prison called Robur (_precipitatio de
robore_), throwing a criminal from the Tarpeian rock (_dejectio e rupe
Tarpeia_), crucifixion (_in crucem actio_), and throwing into the river
(_projectio in profluentem_).
The last-mentioned punishment was inflicted upon parricides, or the
murderers of any relation. So soon as any one was convicted of such
crimes, he was immediately blindfolded as unworthy of the light, and in
the next place whipped with rods. He was then sewed up in a sack, and
thrown into the sea. In after times, to add to the punishment, a serpent
was put in the sack; and still later, an ape, a dog, and a cock. The
sack which held the malefactor was called _Culeus_, on which account the
punishment itself is often signified by the same name.
In the time of Nero, the punishment for treason was, to be stripped
stark naked, and with the head held up by a fork to be whipped to death.