Note 1470 — Chapter XI · THE FUNCTIONS OF THE COMITIA CENTURIATA
Reading edition
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.