Smith, William: A smaller dictionary of Greek and Roman antiquities (London, 1871)

COMITIA.

106

COMITIA.

According to both Inonysius and Livy, the
equites voted in eighteen centuries before the
seniores of the first class; and hence there
were, according to Livy, 194, and, according
to Dionysius, 193 centuries or votes. The
latter number is the more probable, since
Livy's even number of 194 centuries would
have rendered it impossible to obtain an ab-
solute majority. In this manner all Roman
citizens, whether patricians or plebeians, who
had property to a certain amount, were pri-
vileged to take part and vote in the centu-
riata comitia, and none were excluded except j
slaves, peregrini, women and the aerarii. I
The juniores were all men from the age of
seventeen to that of forty-six, and the seniores
all men from the age of forty-six upwards.
The order of voting was arranged in such a
manner, that if the eighteen centuries of the
equites and the eighty centuries of the first
class were agreed upon a measure, the ques-
tion was decided at once, there being no need
for calling upon the other classes to vote.
Hence, although all Roman citizens appeared
in these comitia on a footing of equality, yet
by far the greater power was thrown into the
hands of the wealthy.—As regards the func- |
tions of the comitia centuriata, they were—
(a.) The election of magistrates. The magis-
trates that were elected by the centuries are
the consuls (whence the assembly is called
comitia consul aria), the praetors (hence co-
mitia praetoria), the military tribunes with
consular power, the censors, and the decem-
virs, (b.) Legislation. The legislative power
of the centuries at first consisted in their
passing or rejecting a measure which was
brought before them by the presiding magis-
trate in the form of a senatus consultum, so
that the assembly had no right of originating
any legislative measure, but voted only upon
such as were brought before them as resolu-
tions of the senate, (c.) The decisio?i npo?i
war, on the ground of a senatus consultum,
likewise belonged to the centuries. Peace
was concluded by a mere senatus consultum,
and without any co-operation of the people,
(d.) The highest judicial power. The comitia
centuriata were in the first place the highest
court of appeal, and in the second, they had
to try all offences committed against the
state ; hence, all cases of perduellio and ma-
jestas : and no case involving the life of a Ro-
man citizen could be decided by any other
court. The sanction of the curiae to the
measures of the centuriae has been already
explained.-—The comitia centuriata could be
held only on dies comitiales or fasti, on which it
was lawful to transact business w ith the people,
and the number of such days in every year
was about 190 ; but on dies nefasii (that is,

dies festi, feriati, comp. Dies), and, at first
also on the nundinae, no comitia could be
held, until in b.c. 287 the Hortensian law
ordained that the nundinae should be re-
garded as dies fasti.— The place where the
centuries met was the Campus Martina, which
contained the septa for the voters, a taberna-
culum for the president, and the villa pub-
lica for the augurs.—The president at the
comitia was the same magistrate who con-
voked them, and this rignt was a privilege of
the consuls, and, in their absence, of the
praetors. An interrex and dictator also, or
his representative, the magister equitum,
might likewise convene and preside at the
comitia. One of the main duties devolving
upon the president, and which he had to per-
form before holding the comitia, was to con-
sult the auspices (auspicari). "When the
auspices were favourable, the people were
called together, which was done by three suc-
cessive and distinct acts : the first w as quite
a general invitation to come to the assembly
(inlicium). At the same time when this in-
vitation was proclaimed circum moeros or de
moeris, a horn was blown, which being the
more audible signal, is mentioned by some
writers alone, and without the inlicium.
When upon this signal the people assembled
in irregular masses, there followed the second
call by the aceensus, or the call ad contionem
or conrentionem; that is, to a regular assem-
bly, and the crowd then separated, grouping
themselves according to their classes and
ages. Hereupon the consul appeared, order-
ing the people to come ad comitia centuriata ;
and led the whole exercitu—for, in these
comitia, the R: man people are always con-
ceived as an exercitus—out of the city, to the
Campus Martius. — It was customary from
the earliest times for an armed force to oc-
cupy the Janiculum, when the people were
assembled in the Campus Martius, for the
purpose of protecting the city against any
sudden attack of the neighbouring people;
and on the Janiculum a vcxillum was hoisted
during the whole time that the assembly
lasted. This custom continued to be ob-
served even at the time when Rome had no
longer anything to fear from the neighbour-
ing tribes.—When the people were thus regu-
larly assembled, the business was commenced
with a solemn sacrifice, and a prayer of the
president, who then took his seat on his tri-
bunal. The president then opened the busi-
ness by explaining to the people the subject
for which they had been convened, and con-
cluded his exposition with the words, velitis,
jtlbeatis Quirites, e.g. helium indict, or «<
M. Tullio aqva igni interdiction sit, or what-
ever the subject might be. This formula was