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One of the most important pieces of evidence which we possess concerning the judicial rights of Roman provincials, particularly their status in relation to the governor's tribunal, is provided by Cicero's brief outline of those provisions of the lex Rupilia, the Sicilian provincial charter, which dealt with judicial administration. The passage reads as follows:
Siculi hoc iure sunt ut, quod civis cum cive agat, domi certet suis legibus, quod Siculus cum Siculo non eiusdem civitatis, ut de eo praetor iudices ex P. Rupili decreto, quod is de decem legatorum sententia statuit, quam legem Rupiliam vocant, sortiatur. Quod privatus a populo petit ant populus a privato, senatus ex aliqua civitate qui iudicet datur, cum alternae civitates reiectae sunt; quod civis Romanus a Siculo petit, Siculus index, quod Siculus a civi Romano, civis Romanus datur; ceterarum rerum selecti iudices ex conventu civium Romanorum nr000ni solent.
A REFERENCE by the poet Martial to an abridged version of the history of Livy has given rise to the view that this epitome provided the main source for the transmission of Livy for those later writers of history whose requirements demanded an outline history of Rome. Such a view was first set out by Mommsen in 1861; he concluded that a large number of authors drew much of their material not from Livy directly but from a lost Epitome which departed at some points from the original in its composition. Other scholars followed his general thesis; indeed they have built upon it to such an extent that the list they compile of writers of Roman history who drew upon the ‘lost Epitome’ is a formidable one. These authors range from the period of Tiberius to the end of antiquity. They include such divergent writers as Valerius Maximus, Florus, Eutropius, the Auctor de viris illustribus, and Orosius, as well as the two known abbreviations made of Livy: the Periochae of the Oxyrhynchus Papyrus and the ‘fourth-century’ Periochae.
In this article I propose to discuss some passages in the Oresteia in order to illustrate the method devised by Heimsoeth and Headlam for the detection of intrusive glosses. Headlam's theory of glosses, which I outlined in a recent article, was based on a systematic study of the ancient lexica and scholia. Further work on the scholia has raised some problems affecting their authenticity, which need to be settled, if they are to be used effectively for the elucidation of the text.