[2314] P. 345.
[2315] P. 368. The measure is referred to as a lex iudiciaria by Macrob. Sat. iii. 14. 6.
[2316] The epitomator of Livy, lx, supposes that Gaius offered and actually carried a measure for adding six hundred knights to the senate with the understanding that the jurors were to be drawn from that body thus enlarged; cf. Mommsen, Röm. Staatsr. iii. 530, n. 1. Such an act, however, could not have been termed a lex iudiciaria, as it would have been concerned simply with the composition of the senate. Everything is opposed to the assumption that the bill in this form passed or at least that it was put into effect. Plutarch, C. Gracch. 5 f., seems to signify that his law provided for an album of six hundred jurors, one half to be drawn from the senate, the rest from the knights. It is by no means necessary, with Fowler, in Eng. Hist. Rev. xx (1905). 426, n. 16, to interpret the expression ὁ δὲ τριακοσίους τῶν ἱππέων προσκατέλεξεν αὐτοῖς οὖσι τριακοσίοις, καὶ τὰς κρίσεις κοινὰς τῶν ἑξακοσίωον ἐποίησε (cf. Ag. et Cleom. et Gracch. Comp. 2) as “adding three hundred equites to the senate to form the body of iudices.” These sources have confused the projects with the law as actually passed; cf. Strachan-Davidson, Appian, p. 23.
[2317] App. B. C. i. 22. 92; Vell. ii. 6. 3; 32. 3; Varro, in Non. Marc. 454; Tac. Ann. xii. 60; Pseud. Ascon. 103, 145; Flor. ii. 1. 6; 5. 3 (iii. 13. 17); Diod. xxxv. 25; Plut. C. Gracch. 5; Livy, ep. lx; cf. Lange, Röm. Alt. ii. 668; iii. 38-40; Herzog, Röm. Staatsverf. i. 466 f.; Long, Rom. Rep. i. 263-9; Greenidge, Leg. Proced. 434; Hist. of Rome, i. 212-7; Ihne, Hist. of Rome, iv. 457-64; Madvig, Röm. Staat. ii. 219-21.
[2318] This is true at least of the extraordinary quaestio established by the Mamilian law of 110; Cic. Brut. 34. 128; cf. 33. 127; Schol. Bob. 311; Greenidge, Leg. Proced. 381 f., 435.
[2319] CIL. i. 198.
[2320] CIL. i. 198. 16. There was under the republic a census qualification for the knights who acted as iudices (Cic. Phil. i. 8. 20), though we have no authority that the limit of four hundred thousand sesterces existed before the principate. Originally Mommsen supplied the lacuna with a statement of the money qualification as here given; but afterward, changing his mind, he filled the gap with “equum publicum habebit habuerit.”
[2321] An article of the lex Acilia provides that within ten days after the enactment of this statute the said praetor shall choose the four hundred and fifty persons from whom the jurors of that court are to be drawn; thereafter the revision is to be annual; CIL. i. 198. 12, 14.
[2322] Strachan-Davidson, Appian, p. 23, followed by Fowler, in Eng. Hist. Rev. xx. 429, identifies the two—on untenable ground, for the reliable sources speak distinctly of a Sempronian law and an Acilian law.
[2323] Mommsen, Röm. Staatsr. iii. 531, n. 1, preferably regards the Sempronian as the later; but in that case the transfer would have been achieved in substance by the Acilian statute—a view which is contradicted by the sources.