constituted a permanent tribunal composed of members
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. 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, besides 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. At first, the duties of the praetorian
prefects were purely military, but finally they 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.

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 relatives,
and slaves could not bear evidence, nor any person who had a strong
enmity against either party. The witnesses were required to give their
testimony on oath. In most cases two witnesses were enough to prove a
fact. When witnesses gave conflicting testimony, the judge regarded
those who were most worthy of credit rather than those who were most
numerous. In the English courts the custom used to be as with the
Romans, of refusing testimony from those who were interested; but this
has been removed. On the failure of regular proof, the Roman law allowed
a party to refer the facts in a civil action to the oath of his
adversary.

Under the Roman republic there was no appeal in civil suits, but under
the emperors a regular system was established. Under Augustus there was
an appeal from all the magistrates to the prefect of the city, and from
him to the praetorian prefect or even to the Emperor. In the provinces
there was an