two Gauls, and none of them might stay in his province beyond thirty
days after his successor's arrival; or, under penalties for treason,
might leave his province during his term; or attack a foreign power
without express leave from home. [Sidenote: Effect of the new scheme.]
The effect of all this is plain. Whereas formerly the magistrates,
directly elected in the Comitia, might combine civil and military
authority, now the military authority could only be held by those
whose term of office was prolonged by the Senate's pleasure; for,
though the practice became invariable, it remained at the Senate's
discretion to break through it when it chose.
[Sidenote: Co-optation restored to the colleges.] Fifthly, having thus
lessened the power of the censors, consuls, praetors, and tribunes, he
by way of compensation--a serio-comic compensation it must have
seemed to his shrewd yet superstitious mind--restored the right
of co-optation to the sacred colleges of augurs and pontiffs, and
increased their numbers, thus multiplying harmless objects of rivalry
analogous to the ribands and garters of modern courts.
Sixthly, he took away from the equites and restored to the Senate the
judicia.
[Sidenote: Restoration of the Judicia to the Senate.] The judicia have
been often mentioned, and something maybe said about them here. In
civil suits the praetor, as we have seen, had the superintendence.
Sometimes he decided a case at once. Sometimes, if he thought the case
should be tried, he appointed a judex, giving him certain instructions
by which after the investigation he must decide the case. His action
here would be something like one of our judge's charges, but given
before hearing the evidence. There is nothing to prove that a judex of
this kind was at this time taken from any special class, or that
Sulla interfered with the established mode of procedure. [Sidenote:
Organisation of criminal courts.] It was about the constitution of the
criminal courts that the long struggle had raged between the Senate
and equites and here he made great changes. He found some permanent
criminal courts (e.g. the Quaestio de Repetundis, or court for
investigating cases of extortion in the provinces) already in
existence. He instituted or settled others; but it cannot be
ascertained how many of the following, which were in existence after
his time, were due to him. There were at least nine of these permanent
courts (Quaestiones Perpetuae): the Quaes
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