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