Note 292 — BOOK VI

This refers primarily to the consilium of the quaesitor in any special quaestio, which up to the time of the lex judiciaria of Gracchus, B.C. 122, was invariably composed of Senators. The same would apply to the Quaestiones perpetuae, only one of which existed in the time of Polybius, i.e., de repetundis, established in 149 B.C. by the lex Calpurnia. Other single judices in civil suits, though nominated by the Praetor, were, Polybius intimates, almost necessarily Senators in cases of importance.