was without any such right of urban membership.  The consequence was, that these Latins were destitute of the privileges attaching to an urban constitution, and, strictly speaking, could not even make a testament, since no one could execute a testament otherwise than according to the law of his town; they could doubtless, however, acquire under Roman testaments, and among the living could hold dealings with each other and with Romans or Latins in the forms of Roman law.

8.  IV.  IV.  The Domain Question under the Restoration

9.  That Sulla’s assessment of the five years’ arrears and of the war expenses levied on the communities of Asia (Appian, Mithr. 62 et al.) formed a standard for the future, is shown by the facts, that the distribution of Asia into forty districts is referred to Sulla (Cassiodor.  Chron. 670) and that the Sullan apportionment was assumed as a basis in the case of subsequent imposts (Cic. pro Flacc. 14, 32), and by the further circumstance, that on occasion of building a fleet in 672 the sums applied for that purpose were deducted from the payment of tribute (-ex pecunia vectigali populo Romano-:  Cic.  Verr. l. i. 35, 89).  Lastly, Cicero (ad Q. fr. i. i, ii, 33) directly says, that the Greeks “were not in a position of themselves to pay the tax imposed on them by Sulla without -publicani-.”

10.  III.  XI.  Separation of the Orders in the Theatre

11.  IV.  III.  Insignia of the Equites.  Tradition has not indeed informed us by whom that law was issued, which rendered it necessary that the earlier privilege should be renewed by the Roscian theatre-law of 687 (Becker-Friedlander, iv, 531); but under the circumstances the author of that law was undoubtedly Sulla.

12.  IV.  Vi.  Livius Drusus

13.  IV.  VII.  Rejection of the Proposals for an Accomodation

14.  III.  XI.  The Nobility in Possession of the Senate

15.  How many quaestors had been hitherto chosen annually, is not known.  In 487 the number stood at eight—­two urban, two military, and four naval, quaestors (ii.  VII.  Quaestors of the Fleet, ii.  VII.  Intermediate Fuctionaries); to which there fell to be added the quaestors employed in the provinces (iii.  III.  Provincial Praetors).  For the naval quaestors at Ostia, Cales, and so forth were by no means discontinued, and the military quaestors could not be employed elsewhere, since in that case the consul, when he appeared as commander-in-chief, would have been without a quaestor.  Now, as down to Sulla’s time there were nine provinces, and moreover two quaestors were sent to Sicily, he may possibly have found as many as eighteen quaestors in existence.  But as the number of the supreme magistrates of this period was considerably less than that of their functions (p. 120), and the difficulty thus arising was constantly remedied by extension of the term of office and other expedients, and as generally the tendency of the Roman government was to limit as much as possible the number of magistrates, there may have been more quaestorial functions than quaestors, and it may be even that at this period no quaestor at all was sent to small provinces such as Cilicia.  Certainly however there were, already before Sulla’s time, more than eight quaestors.