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_,) reta