Capital trials, that is, all those which regarded the life or liberty of a Roman citizen, had been held in the _Comitia Centuriata_, after the institution of these assemblies by Servius Tullius; but the authority of the people had been occasionally delegated to Inquisitors, (_Quæsitores_,) in points previously fixed by law. For some time, all criminal matters of consequence were determined in this manner: But from the multiplicity of trials, which increased with the extent and vices of the republic, other means of despatching them were necessarily resorted to. The Prætors, originally, judged only in civil suits; but in the time of Cicero, and indeed from the beginning of the seventh century, four of the six Prætors were nominated to preside at criminal trials—one taking cognizance of questions of extortion—a second of peculation—a third of illegal canvass—and the last, of offences against the state, as the _Crimen majestatis_, or treason. To these, Sylla, in the middle of the seventh century, added four more, who inquired into acts of public or private violence. In trials of importance, the Prætor was assisted by the counsel of select judges or jurymen, who originally were all chosen from the Senate, and afterwards from the order of Knights; but in Cicero’s time, in consequence of a law of Cotta, they were taken from the Senators, Knights, and Tribunes of the treasury. The number of these assessors, who were appointed for the year, and nominated by the Prætor, varied from 300 to 600; and from them a smaller number was chosen by lot for each individual case. Any Roman citizen might accuse another before the Prætor; and not unfrequently the young patricians undertook the prosecution of an obnoxious magistrate, merely to recommend themselves to the notice or favour of their countrymen. In such cases there was often a competition between two persons for obtaining the management of the impeachment, and the preference was determined by a previous trial, called _Divinatio_. This preliminary point being settled, and the day of the principal trial fixed, the accuser, in his first speech, explained the nature of the case,—fortifying his statements as he proceeded by proofs, which consisted in the voluntary testimony of free citizens, the declarations of slaves elicited by torture, and written documents. Cicero made little account of the evidence of slaves; but the art of extracting truth from a free witness—of exalting or depreciating his character—and of placing his deposition in a favourable light, was considered among the most important qualifications of an orator. When the evidence was concluded, the prosecutor enforced the proofs by a set speech, after which the accused entered on his defence.