civil trials. The two former are the most
important in regard to history.

4. The division of the Roman people into two nations, made the
classification of state offences very difficult. In general, the
council of the patricians judged any plebeian who was accused of
conspiring against their order; and the plebeians on the other hand,
brought a patrician accused of having violated their privileges before
their own tribunal. 5. Disobedience to the commands of the chief
magistrate was punished by fine and imprisonment, and from his
sentence there was no appeal; but if the consul wished to punish any
person by stripes or death, the condemned man had the right of
appealing to the general assembly of his peers.[2] 6. To prevent
usurpation, it was established that every person who exercised an
authority not conferred on him by the people, should be devoted as a
victim to the gods.[3] This, was at once a sentence of outlawry and
excommunication; the Criminal might be slain by any person-with
impunity, and all connection with him was shunned as pollution. 7. No
magistrate could legally be brought to trial during the continuance of
his office, but when his time was expired, he could be accused before
the general assembly of the people, if he had transgressed the legal
limits of his authority. The punishment in this case was banishment;
the form of the sentence declared that the criminal "should be
deprived of fire and water;" that is, the citizens, were prohibited
from supplying him with the ordinary necessaries of life.

8. In all criminal trials, and in all cases where damages were sought
to be recovered for wrongs or injuries, the praetor impanelled a jury,
but the number of which it was to consist seems to have been left
to his discretion. The jurors were called ju'dices, and the opinion of
the majority decided the verdict. Where the votes were equal, the
traverser or defendant escaped; and when half the jury assessed
damages at one amount, and half at another, the defendant paid only
the lesser sum. In disputes about property, the praetor seldom called
for the assistance of a jury.

9. The general form of all trials was the same; the prosecutor or
plaintiff made his complaint, and the defendant was compelled either
to find sufficient bail, or to go into prison until the day of trial.
On the appointed day, the plaintiff, or his advocate, stated his case,
and proceeded to establish it by evidence; the defendant replied; an