[1078] Ibid. i. 43.
[1079] Ibid. i. 44. 1; cf. especially the summary condemnation and execution of Mettius; ibid. i. 28. Livy’s complaint (i. 49. 4) against Tarquin the Proud is that he decided capital cases without assessors, not that he allowed no appeal.
[1080] Lange’s view (Röm. Alt. i. 314) that under the kings there was no legislation, except the passing of the lex de imperio, cannot be proved and seems unlikely. Mommsen’s hypothesis (Röm. Staatsr. iii. 327) that under the kings the comitia were exclusively legislative, elective and judicial functions being a republican innovation, is disproved by the facts presented in this chapter. There is no reason for supposing that the republic brought to the comitia any absolutely new functions.
[1081] Schrader, Reallexikon, 662.
[1082] Greenidge, Leg. Proced. 298 f.
[1083] Cf. Livy i. 26. 8 ff.; Cic. Mil. 3. 7; Greenidge, Leg. Proced. 8, 305 ff.
[1084] Cic. Rep. ii. 2. 4; 7. 13; Livy i. 13. 4.
[1085] I. 17. 11. Cicero (Rep. ii. 13. 25), however, supposes he was elected by the people.
[1086] Cic. Rep. ii. 21. 37; Livy i. 41-6; Dion. Hal. iv. 8.
[1087] Livy i. 49. 3.