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.]