It had, therefore, come to pass that there might be two or more accusers anxious to undertake the work, and to show themselves off as solicitous on behalf of injured innocence, or desirous of laboring in the service of the Republic.

When this was the case, a court of judges was called upon to decide whether this man or that other was most fit to perform the work in hand.

Such a trial was called "Divinatio," because the judges had to get their lights in the matter as best they could without the assistance of witnesses--by some process of divination--with the aid of the gods, as it might be.
Cicero's first speech in the matter of Verres is called In Quintum Caecilium Divinatio, because one Caecilius came forward to take the case away from him.

Here was a part of the scheme laid by Hortensius.

To deal with Cicero in such a matter would no doubt be awkward.