Pro S. Roscio Amerino

INTRODUCTION. 17
grounds were false ones (cahmiiiM),^ not to enter into an
agreemeut with the accused in ordCT to bring about an
acquittal ( praevaricatio), and not to back out of tlie accusa^^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 proceedingsHbegan 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.niln^ or
reply of-tke prosecutor nry^ c,on"tPir-rftply of the defendanfs
c^jiuael, both in theTorm of short questions a,nd answers,
which tested the patience and skiU of the orators. Sometimes
the trial was not finished on the first day, and it was
then adjourned to the next day butone (coni p erendina tio)
After the altercatio the jurymen voted,~~usually by
baUot, the three possible verdicts being A = ahsolvo^
G = condemno. 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