Notes for Book II Chapter VIII
1. I. XI. Punishment of Offenses against Order
2. II. I. Right of Appeal
3. II. III. The Senate, Its Composition
4. II. I. Law and Edict
5. II. III. Censorship, the Magistrates, Partition and Weakening of the Consular Powers
6. II. III. Laws Imposing Taxes
7. I. Vi. Class of —Metoeci— Subsisting by the Side of the Community
8. I. V. The Housefather and His Household, note
9. II. III. Praetorship
10. II. III. Praetorship, ii. V. Revision of the Municipal Constitutions, Police Judges
11. The view formerly adopted, that these -tres viri- belonged to the earliest period, is erroneous, for colleges of magistrates with odd numbers are foreign to the oldest state-arrangements (Chronol. p. 15, note 12). Probably the well-accredited account, that they were first nominated in 465 (Liv. Ep. 11), should simply be retained, and the otherwise suspicious inference of the falsifier Licinius Macer (in Liv. vii. 46), which makes mention of them before 450, should be simply rejected. At first undoubtedly the -tres viri- were nominated by the superior magistrates, as was the case with most of the later -magistratus minores-; the Papirian -plebiscitum-, which transferred the nomination of them to the community (Festus, -v. sacramentum-, p. 344, Niall.), was at any rate not issued till after the institution of the office of -praetor peregrinus-, or at the earliest towards the middle of the sixth century, for it names the praetor -qui inter jus cives ius dicit-.
12. II. VII. Subject Communities
13. This inference is suggested by what Livy says (ix. 20) as to the reorganization of the colony of Antium twenty years after it was founded; and it is self-evident that, while the Romans might very well impose on the inhabitant of Ostia the duty of settling all his lawsuits in Rome, the same course could not be followed with townships like Antium and Sena.