[317] See the section on the magistracy (p. 187).
[318] This ratification indeed remained. Even though elections were conducted before the centuries, a lex was still passed by the curiae ratifying this election (p. 49); and the patrum auctoritas was still required to sanction each fresh appointment.
[319] If it existed before it could have been only in the priestly colleges, but these seem rather advising bodies to the king.
[320] From con-salio, i.e. people who leap or dance together, “partners” (in a dance). Momms. Staatsr. ii. p. 77 n. 3; he compares praesul and exul.
[321] Liv. ii. 8 (509 B.C.) “Latae deinde leges ... ante omnes de provocatione adversus magistratus ad populum”; Cic. de Rep. i. 40, 62 “Vides ... Tarquinio exacto, mira quadam exsultare populum insolentia libertatis; tum annui consules, tum demissi populo fasces, tum provocationes omnium rerum” (i.e. the provocatio became universal instead of being confined to certain spheres).
[322] By this time the direct capital jurisdiction of the pontiffs had probably become extinct.
[323] Liv. iii. 20 “neque provocationem esse longius ab urbe mille passuum, et tribunos si eo (lake Regillus) veniant, in alia turba Quiritium subjectos fore consulari imperio.” But the question between the pomerium and the first milestone was in later times still a disputed one (Liv. xxiv. 9).
[324] Cic. l.c.
[325] p. 63.
[326] The quaestores parricidii and aerarii are identified by Zonaras (vii. 13), following Dio. See p. 63. They were called quaestores, οἵ πρῶτον μὲν τὰς θανασίμους δίκας ἔδίκαζον (whence their title), ὕστερον δὲ καὶ τὴν κοινῶν χρημάτων διοίκησιν ἔλαχον. So Varro (L.L. v. 81), “quaestores a quaerendo, qui conquirerent publicas pecunias et maleficia.” The identity of the two offices is denied by Pomponius in Dig. 1, 2, 2, 22 and 23.