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.