Under the Roman republic, there was no appeal in civil suits, but under the emperors a regular system was established. Under Augustus, there was an appeal from all the magistrates to the prefect of the city, and from him to the Praetorian prefect or emperor. In the provinces there was an appeal from the municipal magistrates to the governors, and from them to the emperor. Under Justinian, no appeal was allowed from a suit which did not involve at least twenty pounds in gold.
[Sidenote: Criminal courts.]
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 quaesitores. These were established at length into regular and permanent courts, called quaestiones perpetuae. 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 upon 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 afterwards from the Equestrians, and then again from both orders. But in process of time the quaestiones perpetuae gave place to imperial magistrates. The accused defended himself in person or by counsel.
[Sidenote: Crimes.]
The Romans divided crimes into public and private. Private crimes could only be prosecuted by the party injured, and were generally punished by pecuniary fines, as among the old Germanic nations.
[Sidenote: Treason.]
Of public crimes, the crimen loesoe majestatis, or treason, was regarded as the greatest, and this was punished with death, and with confiscation of goods, [Footnote: I. 4, 18, 3.] 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. Thus Manlius, in spite of his magnificent services, was hurled from the Tarpeian Rock, because he was convicted of an intention to seize upon the government. Under the empire, not only any attempt on the life of the emperor was treason, but disrespectful words or acts. The criminal was even tried after death, [Footnote: C. 9, 8, 6.] that his memory might become infamous, and this barbarous practice existed even in France and Scotland, as late as the beginning of the seventeenth century. In England, men have been executed for treasonable words. Beside treason there were other crimes against the state, such as a breach of the peace, extortion on the part of provincial governors, embezzlement of public property, stealing sacred things, bribery, most of which offenses were punished by pecuniary penalties.
[Sidenote: Capital punishments.]
[Sidenote: Criminal law gradually ameliorated.]