32. Livy, dec. 1, vi.



　　33. Qu?stores parricidii. - Pomponius, Leg. 2,§ 23, ff. de orig. jur.



　　34. Plutarch, Poplicola.



　　35. Comitiis centuriatis.



　　36. See Livy, i, 43; Dionysius Halicarnassus, iv, vii.



　　37. Dionysius Halicarnassus, ix, p. 598.



　　38. Ibid., vii.



　　39. Contrary to the ancient custom, as may be seen: ibid., v, p. 320.



　　40. Ibid., pp. 410, 411.



　　41. Ibid., ix, p. 605.



　　42. Ibid., xi, p. 725.



　　43. By the sacred laws, the plebeians had the power of making the plebiscita by themselves, without admitting the patricians into their assembly - Ibid., vi, p. 410; vii, p. 430.



　　44. By the law enacted after the expulsion of the decemvirs, the patricians were made subject to the plebiscita, though they had not a right of voting there. Livy, iii. 55, and Dionysius Halicarnassus, xi, p. 725. This law was confirmed by that of Publius Philo the dictator, in the year of Rome 416. Livy, viii. 12.



　　45. In the year 312 of Rome the consuls performed still the business of surveying the people and their estates, as appears by Dionysius Halicarnassus, ix.



　　46. Such as those by which it was allowed to appeal from the decisions of all the magistrates to the people.



　　47. Book vi.



　　48. In the year of Rome 444, Livy, dec. 1, ix. 30. As the war against Perseus appeared somewhat dangerous, it was ordained by a senatus-consultum that this law should be suspended, and the people agreed to it. Livy, dec. 5, ii.



　　49. They extorted it from the senate, says Freinshemius, dec. 2, vi.



　　50. There is no manner of doubt but the consuls had the power of trying civil causes before the creation of the pr?tors. See Livy, dec. l, ii. 1; Dionysius Halicarnassus, x, pp. 627, 645.



　　51. The tribunes frequently tried causes by themselves only, but nothing rendered them more odious. - Dionysius Halicarnassus, xi, p. 709.



　　52. Judicia extraordinaria. See the Institutes, iv.



　　53. Book vi, p. 360.



　　54. Album Judicium.



　　55. "Our ancestors," says Cicero, Pro Cluentio, "would not suffer any man whom the parties had not agreed to, to be judge of the least pecuniary affair, much less of a citizen's reputation."



　　56. See in the fragments of the Servilian, Cornelian, and other laws, in what manner these laws appointed judges for the crimes they proposed to punish. They were often pitched upon by choice, sometimes by lot, or, in fine, by lot mixed together with choice.



　　57. Seneca, De Benefic. iii. 7, in fine.



　　58. See Quintilian, iv, p. 54, in fol. ed., Paris, 1541.



　　59. Leg. 2 ff. de orig. jur. Magistrates who were called decemvirs presided in court, the whole under a pr?tor's direction.



　　60. Quoniam de capite civis Romani, injussu populi Romani, non erat permissum consulibus jus dicere. - See Pomponius,Leg. 2, §6, ff. de orig. jur.



　　61. Dionysius Halicarnassus, v, p. 322.



　　62. The comitia by centuries. Thus Manlius Capitolinus was tried in these comitia. - Livy, Dec. 1, vi. 20.



　　63. Pomponius, in Leg. 2, Dig., de orig. jur.



　　64. See a fragment of Ulpian, who gives another of the Cornelian Law: it is to be met with in the Collation of the Mosaic and Roman Laws, tit. i, De Sicariis et homicidiis.



　　65. This took place, especially in regard to crimes committed in Italy, which were subject chiefly to the inspection of the senate. See Livy, Dec. 1, ix, 26, concerning the conspiracies at Capua.



　　66. This was the case in the prosecution for the murder of Posthumius, in the year 340 of Rome. See Livy, iv. 50.



　　67. This judgment was passed in the year of Rome 567.



　　68. Book viii.



　　69. Cicero, in Brutus.



　　70. This is proved from Livy, book xliii. 46, who says that Hannibal rendered their magistracy annual.



　　71. The senatus-consultums were in force for the space of a year, though not confirmed by the people. - Dionysius Halicarnassus ix, p. 595; xi, p. 735.



　　72. In the year 630.



　　73. Capite censos plerosque. - Sallust, De Bello Jugurth, 84.



　　74. Fragment of this author, xxxvi, in the collection of Constantine Porphyrogenitus, Of Virtues and Vices [Historica].



　　75. Fragment of his history, taken from the extract Of Virtues and Vices [Historica].



　　76. Fragment of the book xxxiv in the extract Of Virtues and Vices [Historica].



　　77. Penes quos Rom? tum judicia erant, atque ex equestri ordine solerent sortito judices eligi in causa Pr?torum et Proconsulum, quibus post administratam provinciam dies dicta erat.



　　78. They made their edicts upon entering the provinces.



　　79. Book v. 19. See also ii, iii, iv, and v.



　　80. After the conquest of Macedonia the Romans paid no taxes.



　　81. Speech taken from Trogus Pompeius, and related by Justin, xxxviii. 4.



　　82. See the orations against Verres.



　　83. It is well known what sort of a tribunal was that of Varus, which provoked the Germans to revolt.

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