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