[627] Liv. vii. 5.
[628] ib. xxvii. 36.
[629] Lex Acilia 1. 2.
[630] They were called Rufuli (Liv. vii. 5; Festus p. 260).
[631] Liv. xlii. 31 (171 B.C., commencement of war with Perseus) “consoles ex senatus consulto ad populum tulerunt, ne tribuni militum eo anno suffragiis crearentur, sed consulum praetorumque in iis faciendis judicium arbitriumque esset.” Cf. xliii. 12.
[632] Polyb. vi. 13.
[633] p. 117.
[634] See Greenidge, “The provocatio militiae and provincial jurisdiction” in Classical Review x. p. 225.
[635] The fact that the delegates and sometimes the crimes were distinct in the two cases does not make the military jurisdiction of the imperator differ from his ordinary criminal jurisdiction, as Mommsen seems to think (Staatsr. i. p. 123). For the proofs of unity in the conception of jurisdiction militiae see the article cited in the last note.
[636] At the close of the Republic, however, custom dictated that the governor should send capital cases in which Romans were involved to Rome. See the section on the provinces.