[10]
And what the circumstances are on which he founds his hopes, and what hopes he
builds on them, and what he is fixing his mind on. I see clearly. But how he can
have the confidence to think that he can effect anything with the present praetor,
and the present bench of Judges, I cannot conceive. This one thing I know, which the
Roman people perceived too when he rejected 1 the judges, that his hopes were of
that nature that he placed all his expectations of safety in his money; and that if
this protection were taken from him, he thought nothing would be any help to him.
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1 “In any given case the litigant parties agreed upon a judex, or accepted him whom the magistrates proposed; a party had the power of rejecting a proposed judex, though there must have been some limit to this power.” (Cic. Pro Cluent. 43.) Smith, Dict. Ant. v. Judex. What the limits to this power were, or under what restrictions it was exercised, we do not now know.
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