Aulus Gellius

“ But some others think that the divinatio is so called because, while prosecutor and defendant are two things that are, as it were, related and connected, so that neither can exist without the other, yet in this form of trial, while there is already a defendant, there is as yet no prosecutor, and therefore the factor which is still lacking and unknown — namely, what man is to be the prosecutor — must be supplied by divination. ”

“ In public places, functions and acts the rights of fathers, compared with tile authority of sons who are magistrates, give way somewhat and are eclipsed; but when they are sitting together unofficially in the intimacy of home life, or walking about, or even reclining at a dinner-party of intimate friends, then the official distinctions between a son who is a magistrate and a father who is a private citizen are at an end, while those that are natural and inherent come into play. ”

“ But at least he seems to be trying to show that divinatio is used because in other trials it is the habit of the juror to be influenced by what he has heard and by what has been shown by evidence or by witnesses; but in this instance, when a prosecutor is to be selected, the considerations which can influence a juror are very few and slight, and therefore he must, so to speak, “divine” what man is the better fitted to make the accusation. ”