DIES COMITIALES, (i. e. quibus cum populo agere licebat), Liv. iii. ii. Cic. Q. Fr. i. 2. Macrob. Sat. i. 16.

As in the senate, so in the Comitia, nothing could be done before the rising nor after the setting of the sun, Dio. xxxix. fin. The Comitia for creating magistrates were usually held in the Campus Martius; but for making laws, and for holding trials, sometimes also in the forum, and sometimes in the capitol.

The COMITIA CURIATA.

N the Comitia Curiata the people gave their votes, divided into thirty curia; (ita dicta quod is rerum publicarum cura commissa sit, Fest. vel potius a nuga SC. Enxanoia, conventus populi apud Græcos ad jubendum vel vetandum quod e republica censeret esse). And what a majority of them, namely sixteen, determined, was said to be the order of the people. At first there were no other Comitia but the Curiata, and therefore every thing of importance was determined in them.

The Comitia Curiata were held, first by the kings, and afterwards by the consuls and the other greater magistrates, that is, they presided at them, and nothing could be brought before the people but by them. They met in a part of the forum, called the COMITIUM, where the pulpit or tribunal (sugges tum) stood, whence the orators used to harangue the people. It was afterwards called ROSTRA, because it was adorned with the beaks of the ships taken from the Antiates, Liv. viii. 14. and also Templum, because consecrated by the augurs, Ibid. & 35. which was its usual name before the Antiates were subdued, Liv. ii. 56. The Comitium was first covered the year that Hannibal came into Italy, Liv. xxvii. 38. Afterwards it was adorned with pillars, statues, and paintings.

Those citizens only had a right to vote at the Comitia Curiata, who lived in the city, and were included in some cura, or parish. The curia which voted first, was called PRINCIPIUM, Liv. ix. 38.

After the institution of the Comitia Centuriata, and Tributa, the Comitia Curiata were more rarely assembled, and that only for passing certain laws, and for the creation of the Curio Maximus, Liv. xxvii. 8. and of the Flamines, A. Gell. xv. 27. Each curia seems to have chosen its own curie; called also majester curia, Plaut. Aul. ii, 2. 3.

A law

A law made by the people divided into curia was called LEX CURIATA. Of these, the chief we read of, were,

1. The law by which military command (IMPERIUM) was conferred on magistrates, Liv. ix. 38. Without this they were not allowed to meddle with military affairs, (rem militarem attingere,) to command an army, or carry on war, Cic. Phil. v. 16. Ep. Fam. i. 9. but only had a civil power, (POTESTAS,) or the right of administering justice. Hence the Comitia Curiata were said rem militarem continere, Liv. v. 52. and the people, to give sentence twice (bis sententiam ferre, v. binis comitiis judicare,) concerning their magistrates, Cic. de lege Agr. ii. 11. But in after times this law seems to have been passed only for form's sake, by the suffrage of the thirty lictors or serjeants who formerly used to summon the curia, and attend on them at the Comitia, Cic. ibid, (Populi suffra giis, ad speciem atque ad usurpationem vetustatis, per triginta lictores auspiciorum causâ adumbratis, cap. 12.)

2. The law about recalling Camillus from banishment, Liv. v. 46.

3. That form of adoption called adrogatio, (see p. 49.) was made at the Comitia Curiata, because no one could change his state or sacra without the order of the people, Cic. pro Sext. pro Dom. 15. &c. Suet. Aug. 65. Dio. xxxvii. 51.

4. Testaments were anciently made at these Comitia. And because in time of peace they were summoned, (calata, i. e. convocata), by a lictor twice a-year for this purpose; hence they were also called COMITIA CALATA, which name is likewise sometimes applied to the Comitia Centuriata, because they were assembled by a Cornicen, who was also called Classicus, (quod classes comitiis ad comitatum vocabat, A. Gell. xv. 27. Varro de Lat. Ling. iv. 16.

5. What was called DETESTATIO SACRORUM, was also made here; as when it was denounced to an heir or legatee that he must adopt the sacred rites which followed the inheritance, Cic. de Legg. ii. 9. Whence an inheritance without this requisite is called by Plautus hæredita sine sacris, Captiv. iv. 1. cum aliquid obvenerit sine aliqua incommoda appendice, Festus).

The

The COMITIA CENTURIATA and the

CENSUS.

THE principal Comitia were the Centuriata, called also majora, Cic. post red. in Senate. 2. in which the people, divided into the centuries of their classes, gave their votes; and what a majority of centuries decreed, (quod plures centu ria jussissent), was considered as finally determined, (pro rato habebatur). These Comitia were held according to the Census instituted by Servius Tullius.

The CENSUS was a numbering of the people with a valuation of their fortunes, (estimatio, amoriunois).

To ascertain the number of the people, and the fortunes of each individual, Servius ordained that all the Roman citizens, both in town and country, should upon oath take an estimate of their fortunes, (bona sua jurati censerent, i. e. æstimarent), and publicly declare that estimate to him, (apud se profiterentur); that they should also tell the place of their abode, the names of their wives and children, their own age and that of their children, and the number of their slaves and freedmen: That if any did otherwise, their goods should be confiscated, and themselves scourged and sold for slaves, as persons who had deemed themselves unworthy of liberty, (qui sibi libertatem abjudicâssent, Cic. pro Cæcin. 34.) He likewise appointed a festival, called PAGANALIA, to be held every year in each pagus, or village, to their tutelary gods, at which time the peasants should every one pay into the hands of him who presided at the sacrifices, a piece of money; the men a piece of one kind, the women of another, and the children of a third sort, Dionys. iv. 15.

Then according to the valuation of their estates, he divided all the citizens into six CLASSES, and each class into a certain number of CENTURIES.

The division by centuries, or hundreds, prevailed every where at Rome; or rather by tens, from the number of fingers on both hands, Ovid. Fast. iii. 123. &c. The infantry and cavalry, the curia and tribes, were divided in this manner; and so even the land: hence CENTENARIUS AGER, Ovid. ibid. &

Festus.

Festus. At first a century contained a hundred; but not so afterwards. Thus the number of men in the centuries of the different classes was without doubt very different.

The first class consisted of those whose estates in lands and effects were worth at least 100,000 asses, or pounds of brass; or 10,000 drachmæ according to the Greek way of computing; which sum is commonly reckoned equal to 3221. 18s. 4d. of our money; but if we suppose each pound of brass to contain 24 asses, as was the case afterwards, it will amount to 7750l. This first class was subdivided into eighty centuries or companies of foot, forty of young men, (juniorum,) that is, from seventeen to forty-fix years of age, Cic. de Sen. 17. A. Gell. x. 28. who were obliged to take the field, (ut foris bella gererent), and forty of old men, (seniorum), who should guard the city, (ad urbis custodiam ut præste essent). To these were added eighteen centuries of Equites, who fought on horseback; in all ninety-eight centuries.

The second class consisted of twenty centuries, ten of young men, and ten of old, whose estates, were worth at least 75,000 asses. To these were added two centuries of artificers, (fa. brum), carpenters, smiths, &c. to manage the engines of war. These Livy joins to the first class.

It is hardly to be imagined that those artificers were composed of the members of either the first or the second class, but of their servants or dependents; for not only the mechanic arts, but likewise every kind of trade was esteemed dishonourable among the ancient Romans.

The third class was also divided into twenty centuries; their estate was 50,000 asses.

The fourth class likewise contained twenty centuries; their estate was 25,000 asses. To these Dionysius adds two centu

ries of trumpeters, vii. 59.

The fifth class was divided into thirty centuries; their estate was 11,coo asses, but according to Dionysius, 12,500. Among these, according to Livy, were included the trumpeters and cornetters, or blowers of the horn, distributed into three centuries, whom Dionysius joins as two distinct centuries to the fourth class.

The sixth class comprehended all those who either had no esates, or were not worth so much as those of the fifth class. The number of them was so great as to exceed that of any of the other classes, yet they were reckoned but as one century.

Thus

Thus the number of centuries in all the classes was, according to Livy, 191; and according to Dionysius, 193.

Some make the number of Livy to amount to 194, by supposing that the trumpeters, &c. were not included in the thirty centuries of the fifth class, but formed three distinct centuries by themselves.

Each class had arms peculiar to itself, and a certain place in the army according to the valuation of their fortunes.

By this arrangement the chief power was vested in the richest citizens who composed the first class, which, although least in number, consisted of more centuries than all the rest put together; but they likewise bore the charges of peace and war (munia pacis et belli) in proportion, Liv. i. 42. For as the votes at the Comitia, so likewise the quota of soldiers and taxes, depended on the number of centuries. Accordingly, the first class, which consisted of ninety-eight, or, according to Livy, of one hundred centuries, furnished more men and money to the public service than all the rest of the state besides. But they had likewise the chief influence in the assemblies of the people by centuries. For the Equites and the centuries of this class were called first to give their votes, and if they were unanimous, the matter was determined; but if not, then the centuries of the next class were called, and so on, till a majority of centuries had voted the same thing. And it hardly ever happened that they came to the lowest, Liv. i. 43. Dionys. vii. 59.

In after times some alteration was made, as is commonly supposed, in favour of the Plebeians by including the centu ries in the tribes; whence mention is often made of tribes in the Comitia Centuriata, Liv. v. 18. Cic. in Rull. ii. 2. pro Planc. 20. In consequence of which it is probable, that the number of centuries as well as of tribes was increased, Cic. Phil. ii. 82. But when or how this was done is not sufficiently ascertained, only it appears to have taken place before the year of the city 358, Liv. v. 18.

Those of the first class were called CLASSICI, all the rest were said to be INFRA CLASSEM, A. Gell. vii. 13. Hence classici auctores, for the most approved authors, Id. xix. 8.

Those of the lowest class who had no fortune at all, were called CAPITE CENSI, rated by the head; and those who had below a certain valuation, PROLETARII, Gell. xvi. 10. whence sermo proletarius for vilis, low, Plaut. Milit. Glor. iii 1. 157. This properly was not reckoned a class; whence sometimes

G