Note 1571 — Chapter XI · THE FUNCTIONS OF THE COMITIA CENTURIATA

Cic. Rab. Perd.; Dio Cass. xxxvii. 26 ff.; Suet. Caes. 12; Lange, Röm. Alt. ii. 563 f.; iii. 240; Drumann-Gröbe, Gesch. Roms, iii. 150-5; Wirz, in Jahrb. f. Philol. xxv. (1879). 177-201. In the opinion of Mommsen, Röm. Staatsr. ii. 298, n. 3; 615, n. 2, following Niebuhr, a tribunician accusation involving a fine was then introduced, and the oration of Cicero was delivered in this second trial. Drumann-Gröbe, ibid.; Greenidge, Leg. Proced. 357 f.; Schneider, Process des Rabirius (Zürich, 1899), and others maintain that Cicero spoke in the trial conducted by the duumviri and that after it was dropped no further accusation was brought. Wirz, ibid., supposes that the senate quashed the process of the duumviri on the ground of illegality, that the accuser (Labienus) then brought a tribunician accusation for perduellio, but intimated a possible finable action in addition, and that the trial was ended, without resumption, by the hauling down of the flag.