appeal from the municipal magistrates to the governors, and
from them to the Emperor, as Paul appealed from Festus to Caesar. Under
Justinian no appeal was allowed from a suit which did not involve at
least twenty pounds in gold.

In regard to criminal courts among the Romans during the republic, the
only body which had absolute power of life and death was the _comitia
centuriata_. The senate had no jurisdiction in criminal cases, so far as
Roman citizens were concerned. It was only in extraordinary emergencies
that the senate, with the consuls, assumed the responsibility of
inflicting summary punishment. Under the emperors, the senate was armed
with the power of criminal jurisdiction; and as the senate was the tool
of the imperator, he could crush whomsoever he pleased.

As it was inconvenient, when Rome had become a very great city, to
convene the comitia for the trial of offenders, the expedient was
adopted of delegating the jurisdiction of the people to persons invested
with temporary authority, called _quaestors_. These were finally
established into regular and permanent courts, called _quaestores
perpetui_. Every case submitted to these courts was tried by a judge and
jury. It was the duty of the judge to preside and regulate proceedings
according to law; and it was the duty of the jury, after hearing the
evidence and pleadings, to decide on the guilt or innocence of the
accused. As many as fifty persons frequently composed the jury, whose
names were drawn out of an urn. Each party had a right to challenge a
certain number, and the verdict was decided by a majority of votes. At
first the judices were chosen from the senate, and afterward from the
equestrians, and then again from both orders. But in process of time the
quaestores perpetui gave place to imperial magistrates. The accused
defended himself in person or by counsel.

The Romans divided _crimes_ into public and private. Private crimes
could be prosecuted only by the party injured, and were generally
punished by pecuniary fines, as among the old Germanic nations.

Of public crimes the _crimen laesae majestatis_, or treason, was
regarded as the greatest; and this was punished with death and with
confiscation of goods, while the memory of the offender was declared
infamous. Greater severity could scarcely be visited on a culprit.
Treason comprehended conspiracy against the government, assisting the
enemies of Rome, and misconduct in the command of armies.