The quaestors were originally assistants of the consuls and, as such, chosen, in all probability, by the consuls themselves. In historical times, however, they are elected in the comitia tributa and count as magistrates of the Roman people. The number, originally two, was raised in 421 to four, and about 236 another four were appointed to assist the consuls in the administration of Italy. Sulla raised the number to twenty.
The duties of the quaestors are partly the result of their originally subordinate position and partly indicative of the independent status they afterwards attained. The two urban quaestors are, in essentials, independent magistrates. With their financial functions, which are the most important, we have already dealt, but they also had duties in connection with criminal justice. It had become a principle that the consul must not himself defend a sentence before the people on appeal, the reason being, no doubt, that it would be inconsistent with his dignity if the people reversed his decision. In criminal jurisdiction the consuls were therefore always represented by the quaestors, or in cases of treason by the duoviri perduellionis. These representatives both issue the sentence and conduct the appeal before the people.
