but the number of which it was to consist seems to have been left
to his discretion. The jurors were called ju'dices, and the opinion of
the majority decided the verdict. Where the votes were equal, the
traverser or defendant escaped; and when half the jury assessed
damages at one amount, and half at another, the defendant paid only
the lesser sum. In disputes about property, the prætor seldom called
for the assistance of a jury.

9. The general form of all trials was the same; the prosecutor or
plaintiff made his complaint, and the defendant was compelled either
to find sufficient bail, or to go into prison until the day of trial.
On the appointed day, the plaintiff, or his advocate, stated his case,
and proceeded to establish it by evidence; the defendant replied; and
the jury then gave their verdict by ballot.

10. In cases tried before the general assembly of the people, it was
allowed to make use of artifices in order to conciliate the popular
favour. The accused and his friends put on mourning robes to excite
pity; they went into the most public places and took every opportunity
of showing their respect for popular power. When Cicero was accused by
Clo'dius for having illegally put to death the associates of Cataline,
the entire senatorian rank changed their robes to show the deep
interest they felt in his fate. At these great trials, the noblest
specimens of forensic eloquence were displayed by the advocates of the
accuser and the accused; but the decisions were usually more in
accordance with the spirit of party than strict justice.

11. The accused, however, might escape, if he could prevail on any of
the tribunes to interpose in his behalf, or the accuser to relinquish
his charge; if unfavourable omens appeared during the trial, it was