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[41] In truth, O judges, the magistrates are not influenced by the extent or the damage, to assign a trial in this formula. For if it were the case, the magistrates would not give recuperators rather than a judex, 1 —not an action against the whole family, but against the one who was proceeded against by name; nor would the damages be estimated at fourfold, but at double; and to the word “damage” would be added the word “wrongfully.” Nor, indeed, does the magistrate who has assigned this trial depart from the provisions of the Aquilian law about other damage, in cases in which nothing is at issue except the damage. And to this point the praetor ought to turn his attention.

1 We are not acquainted with the difference between the judex and the recuperatores. Vide Smith, Dict. Ant. p. 529, v. Judex in init.

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