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

340 CUMITIA. COMMISSORIA LEX.
alle citizens hadl little influence in them. IWhen or appointed as its magistrates, until at last even
the libertini and all the Italians were incorporated this announcement (reanuztiatio) appears to have
in the old thirty-five tribes, and when the political ceased.
corruption had reached its height, no trace of the In addition to the works on Roman history in
sedate and moderate character was left by which general, the reader may consult Unterholzner,
the comitia tributa had been distinguished in De Mlkutata Centuriatorsum Comit. a Ses;vio 7ullio
former times. (Sall. Cat. 37; Suet. Caes. 41; Cic. Rege InstitutorLms Ratione, Breslau, 1835; G. C.
ad Att. i. 16.) Violence and bribery became the Th. Francke, De Ts ibuum, de Curiarusm atque Cenorder of the day, and the needy multitude lent turiarum Ratione, Schleswig, 1824; Huschke,
willing ears to cany instigations coming from Die Vesfessuzng des Sesvius iTullizs, 1838; H1illwealthy bribers and tribunes who were mere de- mann, Ittosiscee Gruszdvelftcssung; Rubino, Unmagogues. Sulla for a time did away with these teirsuc/unyen iiber die R6?ns. Vefyssung, 1 839;
odious proceedings; since, according to some, he Zumpt, Ueber die Abstiosszzng des ilrmn. Volkes in
abolished the comitia tributa altogether, or, ac- Centtsicatcomitien. [L. S.]
cording to others, deprived them of the right of COMITIAfLIS DIES. [DIEs.]
electing the sacerdotes, and of all their legislative COMItTIUIM. [ForuJu.]
and judicial powers. (Cic. in Vevr. i. 13, 15, de COMMEA'TUS, a furlough, or leave of absence
Legg. iil. 9; 1.iv. Epit. 89; Appian, dce Bell. Cie. from the army for a certain time. (Tacit. Anls. xv.
A. 59, 98; comp. TRrBUNvs.) But the constitu 10; Liv. iii. 46.)
tion, such as it had existed before Sulla, was re- COMMENTARIENSIS. [Coell eNT. IIUs.]
stored soon after his death by Pompey and others, COMMENTA'RIUS, or COMMENTA'with the exception of the jurisdiction, which was RIUM, meant a book of memoirs or memorandumfor ever taken from the people by the legislation book, whence the expression Cassaris Comentsetarii
of Sulla. The people suffered another loss in the (" Hinc Caesar libros de bellis a se gestis commendictatorship of J. Caesar, who decided upon peace tarios inscripsit, quod nudi essent omini ornatu oraand war himself in connection with the senate. tionis, tanquam veste detracto," Cic. Brutzts, c. 75).
(Dion Cass. xlii. 20.) He had also the whole of Hence it is used for a lawyer's brief, the notes of
the legislation in Iis hands, through his influence a speech, &c. (Sen. Cdntr.ov lib. iii. Proem.)
with the magistrates and the tribunes. The In the imperial period the word cossmuzentariensis
people thus retained nothing but the e-lection of occurs in the sense of a notary or clerk of the
magistrates but even this power was much ii- Fiscus (40. tit. 14. s. 45), and also of a keeper
mited, as Caesar had the right to appoint half of of a prison (Walter, Geschlicte des R6tmischesn
the magistrates himself, with the exception of Reclts, ~~ 818, 819, 2d ed.) A military officer so
the consuls (Suet. Caes. 41; Cic. PZilip-. vii. 6; called is mentioned by Asconius (in Ver. iii. 28),
Dion Cass. xliii. 51), and, as in addition to this, who probably had similar duties. The word is
he recommended to the people those candidates also employed in the sense of a notary or secretary
whom he wished to be elected: and who would of any sort. Most of the religious colleges had
have' opposed his wish? (Dion Cass. xliii. 47; books called eommenetarii, as commentarii auezurzs.,
Appian,: de Bell. Civ. ii. 18.) After the death pontiflfecuz1. [B. J.]
of Caesar the comitia continued to be held, but COMMEIRCIUM. [CIViTAS.]
were always more or less the obedient instruments COMMISSO'RIA LEX is the term applied to
in the hands of the rulers, whose unlimited powers a clause often inserted in conditions of sale, by
were even recognized and sanctioned by them. which a vendor reserved to himself the privilege of
(Appian, de Bell. Civ. iv. 7; Dion Cass. xlvi. 55, rescinding the sale, if the purchaser did not pay
xlvii. 2.) Under Augustus the comitia still sanc- his purchase-money at the time agreed on. The
tioned new laws and elected magistrates, but their lex commissoria did not make the transaction a
whole proceedings were a mere farce, for they conditional purchase; for in that case, if the pro.could not venture to elect any other persons than perty were damaged or destroyed, the loss would
those recommended by the emperor. (Suet. Augq. be the loss of the vendor, inasmuch as the pur40, &c.; Dion Cass. liii. 2, 21, lv. 34, lvi. 40.) chaser, by non-payment of the money at the time
Tiberius deprived the people even of this shadow agreed on, would fail to perform the condition,
of their former power, and conferred the power of bbut it was an absolute sale, subject to be rescinded
election upon the senate. (Tacit. A aszcil. i. 15, 81, at the sole pleasure of the vendor, if the money
ii. 36, 51; Veil. Pat. ii. 126.) When the elec- was not paid at the time agreed on; and conisetions were made by the'senate the result was quently if after this agreement the property was
announced to the people assembled as comitia cen. lost or destroyed before the day agreed on for payturiata or tributa. (Dion Cass. lviii. 20.) Legis- mnent, the loss fell on the purchaser. If the vendor
lationm was taken away from the comitia entirely, intended to take advantage of the lex commissoria,
and was completely in the hands of the senate and it was necessary that he should declare his intention
the emperor. Caligula placed the comitia again as soon as the condition was broken. If he reupon the same footing on which they had been in ceived or claimed any part of the purchase money
the time of Augustus (Dion Cass. lix. 9; Suet. after the duty agreed upon, he thereby waived the
Cal. 16); but this regulation was soon abandonled, advantage of the lex commnissoria. It was usual
and every thing was left as it had been arranged to insert in the commissoria lex an agreement that
by Tiberius. (Dion Cass. lix. 20.) From this time if the vendor had to sell the property again, the
the comitia may be said to have ceased to exist, first purchaser should make up any deficiency in
as all the sovereign power formerly possessed by the price, that is, the difference between the amount
the people was conferred upon the emperor by the for which it was first sold, and the less amount
lex regia. [LEx REGiA.] The people only as- which it produced at the second sale. [PsINuus.]
sembled in the Campus Martius for the purpose of (Dig. 18, tit. 3; Thibaut, Systelm, &c. ~ 548,
receiving information as to who had been elected 9th ed.). L.1