annually elected, in equal numbers, from each tribe, and this tribunal
was presided over by the praetor, and divided into four chambers, which,
under the republic, was placed under the ancient quaestors. The
centumvirs decided questions of property, embracing a wide range of
subjects. [Footnote: _Cicero de Orat_., i. 38.] The Romans had no
class of men like the judges of modern times. The superior magistrates
were changed annually, and political duties were mixed with judicial.
The evil was partially remedied by the institution of legal assessors,
selected from the most learned jurisconsults. Under the empire, the
praetors were greatly increased. Under Tiberius, there were sixteen who
administered justice, beside the consuls, six ediles, and ten tribunes
of the people. The emperor himself became the supreme judge, and he was
assisted in the discharge of his judicial duties by a council composed
of the consuls, a magistrate of each grade, and fifteen senators. The
Praetorian prefects, although, at first, their duties were purely
military, finally discharged important judicial functions. The prefect
of the city, in the time of the emperors, was a great judicial
personage, who heard appeals from the praetors themselves.

[Sidenote: Witnesses.]

In all cases brought before the courts, the burden of proof was with the
party asserting an affirmative fact. Proof by writing was generally
considered most certain, but proof by witnesses was also admitted.
Pupils, lunatics, infamous persons, interested parties, near relations,
and slaves, could not bear evidence, or any person who had a strong
enmity against the party. The witnesses were required to give their
testimony on oath. Two witnesses were enough to prove a fact, in most
instances. When witnesses gave conflicting testimony, the judge regarded
those who were worthy of credit rather than numbers. In the English