CHAPTER XVIII.
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 curiæ, 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 præturam, &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 prærogativa was that century which obtained by ballot the privilege of voting first.
When the centuria prærogativa 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 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.
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 prætor 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.