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.