Even an unpractised judge can give his vote upon some matters; for instance, when the thing to be determined is whether something has or has not been done, when a dispute is terminated by the parties giving written bonds, or when the casting up of accounts decides between the disputants. When, however, motives have to be guessed at, when matters upon which wisdom alone can decide, are brought into court, they cannot be tried by a judge taken at random from the list of “select judges,”

136 whom property and the inheritance of an equestrian fortune 137 has placed upon the roll.