From the time of the first Punic war there were two Prætors, to whom the cognizance of _civil_ suits was committed,—the _Prætor urbanus_ and _Prætor peregrinus_. The former tried the causes of citizens according to the Roman laws; the latter judged the cases of allies and strangers by the principles of natural equity; but as judicial business multiplied, the number of Prætors was increased to six. The Prætor was the chief judge in all questions that did not fall under the immediate cognizance of the assemblies of the people or the Senate. Every action, therefore, came, in the first instance, before the Prætor; but he decided only in civil suits of importance: and if the cause was not of sufficient magnitude for the immediate investigation of his tribunal, or hinged entirely on matters of fact, he appointed one or more persons to judge of it. These were chosen from a list of _judices selecti_, which was made up from the three orders of senators, knights, and people. If but one person was appointed, he was properly called a _judex_, or _arbiter_. The _judex_ determined only such cases as were easy, or of small importance; and he was bound to proceed according to an express law, or a certain form prescribed to him by the Prætor. The _arbiter_ decided in questions of equity which were not sufficiently defined by law, and his powers were not so restricted by the Prætor as those of the ordinary _judex_. When more persons than one were nominated by the Prætor, they were termed _Recuperatores_, and they settled points of law or equity requiring much deliberation. Certain cases, particularly those relating to testaments or successions, were usually remitted by the Prætor to the _Centumviri_, who were 105 persons, chosen equally from the thirty-five tribes. The Prætor, before sending a case to any of those, whom I may call by the general name of judges, though, in fact, they more nearly resembled our jury, made up a _formula_, as it was called, or issue on which they were to decide; as, for example, “If it be proved that the field is in possession of Servilius, give sentence against Catulus, unless he produce a testament, from which it shall appear to belong to him.”