[1468] Cf. Ihne, in Rhein. Mus. xxi (1866). 177.
[1469] P. 258.
[1470] This comitial resolution may be anticipated in the account of the process against Horatius given by Livy i. 26. 5: “Duumviros ... secundum legem facio”; cf. § 7: “Hac lege duumviri creati.” The king, whose judgments were absolute, could not have thus been forced; hence more probably lex in these phrases is not a comitial act but the formula of appointment; Greenidge, Leg. Proced. 356 and n. 1. The procedure in the trial of C. Rabirius was in this respect similar; a law compelling the praetor to appoint duumviri is suggested by Cic. Rab. Perd. 4. 12.
[1471] Dio Cassius, xxxvii. 27. 2, finds fault with the procedure against Rabirius on the ground that the duumviri for judging him were appointed by the praetor, not elected as they should have been “according to ancestral usage.”
[1472] Livy i. 26. 5; Pomponius, in Dig. i. 2. 2. 16; Cic. Leg. iii. 12. 27; Lange, Röm. Alt. ii. 544; Mommsen, Röm. Staatsr. ii. 617 f.
[1473] P. 104.
[1474] Greenidge, Leg. Proced. 303-5.
[1475] Cic. Rep. ii. 35. 60; Livy ii. 41. 11; Dion. Hal. viii. 77. 1; cf. Greenidge, Leg. Proced. 309.
[1476] Röm. Alt. i. 610; ii. 545.
[1477] Cf. the trial of Horatius for murder by the duumviri perduellioni iudicandae; p. 243.