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1 Ni ita esset, a legal form of expression, amounting in this place to “if Volscius attempted to deny it.” Privatim. Besides the quaestors who by virtue of their office were to prosecute Volscius, many persons on their own account, and on their private responsibility, cited him into court, and challenged him to discuss the case before a judge. A prosecutor was said  ferre judicem res, when he proposed to the accused person some one out of the judices selecti, before whom the case might be tried; if the accused person consented to the person named by prosecutor, then the judge was said convenisse,  to have been agreed on. Sometimes the accused was allowed to select his own judge, judicem dicere. When both the prosecutor and the accused agreed as to the judge, they presented a joint petition to the praetor that he would appoint (ut daret) that person to try the cause; at the same time they both bound themselves to pay a certain sum, the one if he did not establish his charge, ni ita esset; the other if he did not prove his  innocence.
2 Comitia, i. e. curiata, which exercised authority in the cases of persons accused of inflicting injuries on the patricians.
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