ce in the Forum--the open space, of nearly five
acres, lying between the Capitoline and Palatine hills. It was the city
market-place, but it was also the place where the population assembled for
any public meeting, political or other--where the idle citizen strolled
to meet his friends and hear the gossip of the day, and where the man
of business made his appointments. Courts for the administration of
justice--magnificent halls, called _basilicae_--had by this time been
erected on the north and south sides, and in these the ordinary trials
took place; but for state trials the open Forum was itself the court. One
end of the wide area was raised on a somewhat higher level--a kind of dais
on a large scale--and was separated from the rest by the Rostra, a sort of
stage from which the orators spoke. It was here that the trials were held.
A temporary tribunal for the presiding officer, with accommodation for
counsel, witnesses, and jury, was erected in the open air; and the scene
may perhaps best be pictured by imagining the principal square in
some large town fitted up with open hustings on a large scale for an
old-fashioned county election, by no means omitting the intense popular
excitement and mob violence appropriate to such occasions. Temples of the
gods and other public buildings overlooked the area, and the steps of
these, on any occasion of great excitement, would be crowded by those who
were anxious to see at least, if they could not hear.
Verres, as a state criminal, would be tried before a special commission,
and by a jury composed at this time entirely from the senatorial order,
chosen by lot (with a limited right of challenge reserved to both parties)
from a panel made out every year by the praetor. This magistrate, who
was a kind of minister of justice, usually presided on such occasions,
occupying the curule chair, which was one of the well-known privileges of
high office at Rome. But his office was rather that of the modern chairman
who keeps order at a public meeting than that of a judge. Judge, in our
sense of the word, there was none; the jury were the judges both of law
and fact. They were, in short, the recognised assessors of the praetor, in
whose hands the administration of justice was supposed to lie. The law,
too, was of a highly flexible character, and the appeals of the advocates
were rather to the passions and feelings of the jurors than to the legal
points of the case. Cicero himself attached comp
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