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
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