Mrs. I. Henderson has recently presented a novel interpretation of the function of the Quaestio Repetundarum, partly in contradiction of my own discussion elsewhere of the evidence for the penalty of the extortion laws. I there argued that the penalty remained financial from the Lex Calpurnia to the Lex Cornelia, and that the frequent, but not universal, withdrawal into exile of condemned persons was due mainly to fear of fresh prosecution on more serious charges arising from the extortion case and reinforced by the praeiudicium, and that only the Lex Iulia transformed custom into law by specifying the capital penalty for the more heinous forms of extortion. Against this Mrs. Henderson maintains that the penalty for extortion under the Acilian and later laws was normally capital, though some-times less than capital, and explains this dualism by a new interpretation of the powers of the Gracchan Judices, which if accepted calls for a general change of ideas about the development of the Quaestio system.