Page:Montesquieu - The spirit of laws.djvu/162

110

ENCE arise the different manners of forming judgments. In monarchies the judges chuse the method of arbitration; they deliberate together, they communicate their thoughts in order to come to an agreement, they moderate their opinion to render it conformable to that of others; and the sentiments of the fewest become espoused by the two largest numbers. But this is not agreeable to the nature of a republic. At Rome and in the cities of Greece, the judges never entered into a consultation; each gave his opinion one of these three ways, I absolve, I condemn, it does not appear clear to me : this was because the people judged, or were supposed to judge. But the people are far from being civilians; all these reflections and methods of arbitration are above their reach; they must have only one object, and one single fact set before them; and then they have only to see whether they ought to condemn, to acquit, or to suspend their judgment.

The Romans introduced set forms for actions after the example of the Greeks, and established a rule that each cause should be directed by its proper action. This was necessary in their manner of judging; it was neccssary to fix the state of the question, that the people might have it always before their eyes. Otherwise in a long process, Rh