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INTRODUCTION. 17
grounds were false ones (cahmiiiM),^ not to enter into an
agreemeut with the accu sed in ordCT to bring a bout an
acquittal ( praevaricati o), and not to back out of tlie accu-
sa^^li^on private groundsjtergimxmiw^ . The president
then fixed the tenth~day"frcma the nominis receptio as the
day for the trial. Dui-ing this interval the accused was
generally allowed to remain at large, and, in case his guilt
was manifest, was even encoiu'aged to seek voluntary exile.
If he adopted the latter course, the case was of course at an
end.
On the day of the trial the jurymen were empanelled in
the way ah-eady described, and were put upon their oath.
The prosecutor was generally supported by assistants (m&-
scriptores) , and the accused was always represented by at
Ipa^gt^f^pg plparlpv (p qfron^i s) , and also by advocati or
advisers. The pr oceedings Hbegan with the speech of the
prosecutor, and this was foUowed by that of the counsel
for the defence. The evidence of wituesses on either side
was tlien taken, and this was foUowed by the alf.pvr.nil n^ or
reply of-tke prosecutor nry^ c,on"tPir-rftp ly of the defen danfs
c^jiuael, both in theTorm of short questions a,nd answers,
which tested the patience and skiU of the orators. Some-
times the trial was not finished on the first day, and it was
then adjourned to the next day butone (coni p e rendina tio) .
After the altercatio the jurymen voted,~~usually by
baUot, the three possible verdicts being A = ahsolvo^
G = con demno. or NL = non-liquet (" not proven"). The
verdict was decided^ by the majority of votes, and the
accused was not condemned unless there was an absolute
majority (exclusive of the NL votes) against him. Thus if
there were fifty juiymen, at least twenty-six C votes would
have to be given to secure condemnation ; if there were
only twenty-five C votes, the accused would be acquitted,
even if the other twenty-five votes were aU NL. A verdict
of NL also required an absolute majority of votes, so that
the accused was always acquitted unless more than half of
the jurymen votedeither C or NL. A verdict of non liquet
resulted in a second hearing (ampliatio) of the case.
1 See Pro Roacio, note on Ch. XIX., line 29.
CIC. EOSC. 2
grounds were false ones (cahmiiiM),^ not to enter into an
agreemeut with the accu sed in ordCT to bring a bout an
acquittal ( praevaricati o), and not to back out of tlie accu-
sa^^li^on private groundsjtergimxmiw^ . The president
then fixed the tenth~day"frcma the nominis receptio as the
day for the trial. Dui-ing this interval the accused was
generally allowed to remain at large, and, in case his guilt
was manifest, was even encoiu'aged to seek voluntary exile.
If he adopted the latter course, the case was of course at an
end.
On the day of the trial the jurymen were empanelled in
the way ah-eady described, and were put upon their oath.
The prosecutor was generally supported by assistants (m&-
scriptores) , and the accused was always represented by at
Ipa^gt^f^pg plparlpv (p qfron^i s) , and also by advocati or
advisers. The pr oceedings Hbegan with the speech of the
prosecutor, and this was foUowed by that of the counsel
for the defence. The evidence of wituesses on either side
was tlien taken, and this was foUowed by the alf.pvr.nil n^ or
reply of-tke prosecutor nry^ c,on"tPir-rftp ly of the defen danfs
c^jiuael, both in theTorm of short questions a,nd answers,
which tested the patience and skiU of the orators. Some-
times the trial was not finished on the first day, and it was
then adjourned to the next day butone (coni p e rendina tio) .
After the altercatio the jurymen voted,~~usually by
baUot, the three possible verdicts being A = ahsolvo^
G = con demno. or NL = non-liquet (" not proven"). The
verdict was decided^ by the majority of votes, and the
accused was not condemned unless there was an absolute
majority (exclusive of the NL votes) against him. Thus if
there were fifty juiymen, at least twenty-six C votes would
have to be given to secure condemnation ; if there were
only twenty-five C votes, the accused would be acquitted,
even if the other twenty-five votes were aU NL. A verdict
of NL also required an absolute majority of votes, so that
the accused was always acquitted unless more than half of
the jurymen votedeither C or NL. A verdict of non liquet
resulted in a second hearing (ampliatio) of the case.
1 See Pro Roacio, note on Ch. XIX., line 29.
CIC. EOSC. 2
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Early Gaelic Book Collections > Matheson Collection > Pro S. Roscio Amerino > (25) |
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Permanent URL | https://digital.nls.uk/76502607 |
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Description | Items from a collection of 170 volumes relating to Gaelic matters. Mainly philological works in the Celtic and some non-Celtic languages. Some books extensively annotated by Angus Matheson, the first Professor of Celtic at Glasgow University. |
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Description | Selected items from five 'Special and Named Printed Collections'. Includes books in Gaelic and other Celtic languages, works about the Gaels, their languages, literature, culture and history. |
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