Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

,334 COMITIA. COMITIA.
According to Livy. According to Dionysius.
V. CLAssEs. Census: 11,000 asses. V. CLASSIS. Census: 12- minae.
15 centuriae seniorum. 1 5 centuriae seniorum.
15 centuriae juniorum. 15 centuriae juniorum.
3 centuriae accensorun, cornicinum, tubicin111. VI. CLASSIS. Census: below 12-n msinae.
I centuria capite censorum. 1 centuria capite censorum
According to both Dionysius and Livy, the equites vii. 22, xl. 45), and the decemvirs. (Liv. iii. 33, 35.)
voted in eighteen centuries before the seniores of There are also instances of proconsuls being elected
the first class; and hence, there were according to by the centuries, but this happened only in extraLivy, altogether 194, and, according to Dionysius, ordinary cases. (Liv. xxxiii. 30, xxxiv. 18.)
193 centuries or votes. Livy's even number of (b.) Legislation. The legislative power of the
194 centuries would have rendered it impossible to centuries at first consisted in their passing or reobtain an absolute majority in the comitia; and it jecting a measure which was brought before them
has been assumed, that he made a mistake in the by the presiding magistrate in the form of a senatus
three centuriae accensorum, cornicinum, tubicinum, consultum, so that the assembly had no right of
which he adds to the fifth class. Dionysius seems originating any legislative measure, but voted only
to have represented the matter in its right light, upon such as were brought before them as resoluand is also born out by Cicero (De Re Publ. ii. tions of the senate. When a proposal was passed
22), who describes ninety-six as the minority; but by the centuries it became law (lex). The first
in other respects, Cicero is irreconcileable, both law passed by the centuries of which we have any
with Livy and Dionysius: a difficulty which will record, was the lex Valeria de provocatione (Cic.
probably never be solved satisfactorily, as the text DeRe Re Pl. ii. 31), and the laws of the twelve
is corrupt. The other discrepancies between Livy tables were sanctioned by the centuries.
and Dionysius are not of great importance. They (c.) The decision uzpon eware, on the ground of a
consist in the places assigned to the two centuriae senatus consultum, likewise belonged to the cenfabrum, the two of the cornicines and tubicines, turies and is often mentioned. It is generally
and in the census of the fifth class. With regard believed that they had also to decide upon the conto the last point, Dionysius is at any rate more elusion of peace and treaties, but it has been satisconsistent in his gradation, and in so far deserves to factorily proved by Rubino ( Ueber Rom. Staatsverf.
be preferred to Livy. As for the places assigned to p. 259, &c.) that in the early part of the republic,
the four centuries, it is impossible to determine and perhaps down to the peace of Caudium, this
whether Livy or Dionysius is right; and we can was not the case, but that peace was concluded by
only say, that Cicero agrees with neither of them, a mere senatus consultum, and without any coassignilg, as he does, only one century of the fabri operation of the people.
tignarii to the first class. (d.) Thze ighest judicial power-. The cornitia
In this manner all Roman citizens, whether centuriata were in the first place the highest court
patricians or plebeians, who had property to a cer- of appeal (Dion Cass. xxxix. 27, &c.; comp. APtain amount, were privileged to take part and vote PELLATIO), and in the second, they had to try all
in the centuriata comitia, and none were excluded offences committed against the state; hence, all
except slaves, peregrini, women and the aerarii. cases of perdtecllio and nzajestas, and no case inThe juniores were all men from the age of seven- volvring the life of a Roman citizen could be deteen to that of forty-six, and the seniores, all men cided by any other court. (Cic. p. Sert. 30, 34,
from the age of forty-six upwards. The order of De Re Ptubl. ii, 36, De Leg. iii. 4; Polyb. vi. 4, 14.)
voting was arranged in such a manner, that if the This last right was revived or introduced by the
eighteen centuries of the equites and the eighty Valerian law (Plnt. Publ. 11), and Spurius Cassius
centuries of the first class were agreed upon a was condemned by the comitia of the centuries.
measure, the question was decided at once, there There is no reason for believing that the laws of
being no need for calling upon the other classes to the twelve tables increased the power of the cenvote. Hence, although all Roman citizens ap- turies in this respect and Servius Tullius seems,
peared in these comitia on a footing of equality, in consistency with his principles, to have been
yet by far the greater power was thrown into the obliged to constitute his national assembly at the
hands of the wealthy. same time as the high court of justice.
As regards the functions of the comitia centuriata, All the powers which we have here mentioned as
it must be observed in general, that all the business possessed by the centuries, had to be sanctioned,
which had before belonged to the comitia curiata, when exercised, by the curies, and through this sancwas transferred by Servius to the comitia centu- tion alone they became valid and binding. The elecriata, that is, they received the right of electing tion of a magistrate, or, the passing of a law, though
the higher magistrates, of making laws and of de- it was made on the ground of a senatus consultum,
ciding upon war, and afterwards also of concluding yet required the sanction of the curies. But, in
peace with foreign nations. the course of time, the assembly shook off this
(a.) The election of meagistrates. After the pre- power of the curiae, which became merely a forsiding magistrate had consulted with the senate mality, and, in the end, the curiae were obliged to
about the candidates who had offered themselves, give their sanction beforehand to whatever the
he put them to the vote. The magistrates that centuries might determine. This was effected by
were elected by the centuries are the consuls the Publilian law, in B.c. 337. (Liv. viii. 12.) As
(whence the assembly is called comitia consulariac, thus the centuries gradually became powerful
Liv. i. 60, x. 11), the praetors (hence, comitia enough to dispense with the sanction of the curiae,
praetoria, Liv. vii. 1, x. 22), the military tribunes so they also acquired the right of discussing and
with consular power (Liv. v. 52), the censors (Liv. deciding upon matters which were not brought be