The free citizen. (Orangeburg, S.C.) 1874-1876, 1875-07-17
Athenian and Roman Courts.


The Athenian and Roman courts pro-
sented tino fields for the exercise of
legal talent, and not few practices
were in vogue which would be con-
sidered remarkable Mt the present day.
at Athens it was not customary for n
man to speak in any cause unless
he had personal interest in the suit ut
issue. at first every one was forced to
speak Ill his own behalf, but this rule
was afterwards SO far relaxed us to per
nit relative or intimate friend to in
tercede for him. After this, persons
who were themselves incompetent to
frame an oration, employed others to
write for them, and some of the most
legal orations Of antiquity were thus
written for pay and delivered by others.
There was famous in Athens, as we'll
rs Rome, large class of men who OBJ
tanned n livelihood solely in this way,
Another species of orations were those
which were written but never delivered
IN public. An instance of this is the
famous speech of Demosthencs against
h1idius, and in view of this fact, it is
amusing to read in it the compliment
account he gives of the attempts which
have besn made to bribe him to be
silent, and of his contemptuous rejec-
tion of all others. Of the fifteen extant
orations of Antiphon, twelve werc never
delivered and Of Cicero's six speeches
against Yerres, only ono was uttered,
because Verres prudently wont into
voluntary exile.
Pericles is said to have been the fir
who wrote his speeches beforehand and
committed them to memory, but if this
be SO, his example was soon widely fol-
lowed because not long after, we hear
OF Dcmosthencs delivering a set speech
at the court of Philip, and forgetting
what he had written, was forced to
stop. Akin to this is the case of Cicero,
whose splendid orntion for Milo is the
delight of NIL scholars, but it's delivery
was grand failure. He was embar.
rnssed by tho presence of the yelling
popnloce and tho armed guartlt at that
celebrated trial, and forgetting his
speech lost his cause.
Tho iurics Of the ancicnis were
strange bodies, often forming, in fact,
popular assemblies, numbering hun
dreds, and sometimes even thousands.
Any notable cause among the Athenians
was tried by an assembly of tho people
who crowded together and in person
Judged the case. At other times they
delegated certain deputies to hear the
argument and give Judgment These
Judges rs they were called, or Jurors,
as we would say, were in such num-
bers as to form kind of popular
assembly. Every year, n body
of six thousand citizens was set aside
to hear causes, and from this body the
Jurors were chosen, five hundred at n
time, sometimes several juries sitting
together. Tho votes of the jury were
taken by each man casting a bean or
pebble into an urn passed. around for the
purpose.
Among the Romaus the juries were
not so large, except on special occasions.
| The king, afterwards the consul, and in
later times the praetor, presided at the
trial, but seemed to have little influence
Ill modifying the decision, acting merely
as presiding officer.
In Athens there were large nn,hhers
OF professional Jurors, who gained n
livelihood by sitting as judges and
hearing causes, but in Rome no such
classes of persons existed. One of tho
finest comedies OF Aristophancs, "The
Wasps, was founded on the abuse Of
Justice among the Greeks. In his time
the Jurors were we'll paid by the state
for their servicee, and besides had n
good chance of receiving bribes from
the contcnding parties, as we'll as having
their ears daily tickled by the most
lavish t1attery that the silver-tongued
Greek orator could bestow, so that the
Office of "Dicast," as it was called,
was coveted. In Rome, although there
was bribery enough, few persons had the
opportunity OF becoming judges, and, of
coursc, fewer sought tho opportunity.