Their vessels were of two kinds, _naves onerariae_, ships of burden, and _naves longae_, ships of war: the former served to carry provisions, &c.: they were almost round, very deep, and impelled by sails.

The ships of war received their name from the number of banks of oars, one above another, which they contained: thus a ship with three banks of oars was called _triremis_, one with four, _quadriremis_, &c.; in these, sails were not used.

CHAPTER XVIII.

_a.s.semblies, Judicial Proceedings, and Punishments of the Romans._

The a.s.semblies 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 a.s.semblies of the resident Roman citizens, who were divided into thirty _curiae_, 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 a.s.semblies of the various centuries into which the six cla.s.ses of the people were divided.

Those who belonged to the first cla.s.s were termed _cla.s.sici_, by way of pre-eminence--hence _auctores cla.s.sici_, respectable or standard authors; those of the last cla.s.s, who had no fortune, were called _capite censi_, or _proletarii_; and those belonging to the middle cla.s.ses were all said to be _infra cla.s.sem_--below the cla.s.s.

_Comitia centuriata_ were the most important of all the a.s.semblies 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 a.s.semblies 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 praeturam_, &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 praerogativa_ was that century which obtained by ballot the privilege of voting first.

When the _centuria praerogativa_ 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 a.s.sembled 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 would abide by the judgment, and the judges took a solemn oath to decide impartially; after this the cause was argued on both sides, a.s.sisted 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 a.s.sessors, 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 const.i.tuted 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, (_d.a.m.num_,) 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 c.o.c.k. 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.

CHAPTER XIX.

_The Roman Dress._

The ordinary garments of the Romans were the _toga_ and the _tunic_.

The _toga_ was a loose woollen robe, of a semicircular form, without sleeves, open from the waist upwards, but closed from thence downwards, and surrounding the limbs as far as the middle of the leg. The upper part of the vest was drawn under the right arm, which was thus left uncovered, and, pa.s.sing over the left shoulder, was there gathered in a knot, whence it fell in folds across the breast: this flap being tucked into the girdle, formed a cavity which sometimes served as a pocket, and was frequently used as a covering for the head. Its color was white, except in case of mourning, when a black or dark color was worn. The Romans were at great pains to adjust the toga and make it hang gracefully.

It was at first worn by women as well as men--but afterwards matrons wore a different robe, called _stola_, with a broad border or fringe, reaching to the feet. Courtezans, and women condemned for adultery, were not permitted to wear the _stola_--hence called _togatae_.

Roman citizens only were permitted to wear the _toga_, and banished persons were prohibited the use of it. The _toga picta_ was so termed from the rich embroidery with which it was covered:--the _toga palmata_ from its being wrought in figured palm leaves--this last was the triumphal habit.

Young men, until they were seventeen years of age, and young women until they were married, wore a gown bordered with purple, called the _toga praetexta_.

After they had arrived at the age of seventeen, young men a.s.sumed the _toga virilis_.

The _tunic_ was a white woollen vest worn below the _toga_, coming down a little below the knees before, and to the middle of the leg behind, at first without sleeves. _Tunics_ with sleeves were reckoned effeminate: but under the emperors, these were used with fringes at the hands. The _tunic_ was fastened by a girdle or belt about the waist, to keep it tight, which also served as a purse.

The women wore a _tunic_ which came down to their feet and covered their arms.