According to this principle, as we have said, the whole judicial system was organized.

The consul could certainly exercise criminal jurisdiction also as to a capital process in the way of submitting his sentence to the community and having it thereupon confirmed or rejected; but he never, so far as we see, exercised this right, perhaps was soon not allowed to exercise it, and possibly pronounced a criminal judgment only in the case of appeal to the community being for any reason excluded.

Direct conflict between the supreme magistrate of the community and the community itself was avoided, and the criminal procedure was organized really in such a way, that the supreme magistracy remained only in theory competent, but always acted through deputies who were necessary though appointed by himself.

These were the two--not standing--pronouncers-of-judgment for revolt and high treason (-duoviri perduellionis-) and the two standing trackers of murder, the -quaestores parricidii-.

Something similar may perhaps have occurred in the regal period, where the king had himself represented in such processes;( 6) but the standing character of the latter institution, and the collegiate principle carried out in both, belong at any rate to the republic.