The Ancients And Moderns Compared in Regard to the Administration of Justice a

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This was not the case, however, any more than in the Athenian trials. For at the time of which we speak, the Populus and the Plebs are to be looked upon as forming not only a different order in the state, but a state in themselves, possessing in fact a separate jurisdic- tion. 1 In after-times, when an attempt was made, 8 See Niebuhr, Hist, of Rome, also Lect. Vol. Ii. P. 23, and Cic. Pro Rab. 4. " Ne de capite civium Romanorum injussu populi judicaretur. " These assemblies were presided over a...t first by the Kings and Consuls ; afterwards by the Quaestores Rerum Capitalium. Diet. Ant. P. 531.
9 Liv. Ii. 8. ' Niebuhr's History of Rome, vol. I. Passim.
15 about the time of the Decemviri, to combine and amalgamate the two nations, if we may use the phrase, it was especially provided, that all state trials, whether of Plebeians or of Patricians, should take place before the common assembly of the Centuries. 2 Here, then, we have the society again asserting its rights to the judicial power ; the people taking their places beside the tribunal of the magistrate.


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