Chapter XXVII: Appendix: I

THE TWO ASSEMBLIES OF THE TRIBES

The existence of a _comitia tributa populi_, as distinct from the _concilium plebis tributim_, was first demonstrated by Mommsen (_Römische Forschungen, Die patricisch-plebejischen Tributcomitien der Republik_). The chief lines of evidence on which the proof of the existence of this parliament rests are as follows:—

(i.) We have a series of passages which prove the continued distinction of the Populus and the Plebs and of patrician and plebeian magistrates, and which show that these magistrates could only summon the bodies of which they were respectively the representatives. These passages are:—

Festus p. 293 “Scita plebei appellantur ea, quae plebs suo suffragio sine patribus jussit, plebeio magistratu rogante.”

ib. p. 330 “Scitum populi (est, quod eum magistra)tus patricius (rogavit populusque suis suf)fragis jussit.... Plebes autem est (populus universus) praeter patricios.”

ib. p. 233 “cum plebes sine patri(bus a suo magistratu rogatur) quod plebes scivit, plebi(scitum est: plebs enim cum) appellatur, patrum com(munio excluditur).”

(ii.) There are abundant evidences of the early existence of a _comitia_ of the tribes:—

(_a_) The law of the Twelve Tables (451 B.C.) ordained, with respect to jurisdiction, “de capite civis nisi per maximum comitiatum ... ne ferunto” (Cic. _de Leg._ iii. 4, 11). The mention of the “greatest _comitia_” clearly implies the existence of a lesser one with judicial powers; and as this is not likely to have been the _comitia curiata_ of the period, it can hardly be any other assembly than the _comitia_ of the tribes.

(_b_) The quaestors were first elected by the people in 447 B.C. (Tac. _Ann._ xi 22), and in later times their appointment was made by a _comitia_ of the tribes (Cic. _ad Fam._ vii 30).

(_c_) The first legislative act of the people gathered _tributim_ is attributed to the year 357 B.C. (Liv. vii. 16 (consul) “legem novo exemplo ad Sutrium in castris tributim de vicensima eorum, qui manu mitterentur, tulit”).

The _comitia tributa populi_ was probably created between 471 B.C., the date at which the Plebs began to meet _tributim_, and 451, the date at which the existence of such an assembly is hinted at in the Twelve Tables.

(iii.) In the developed Republic we find an assembly meeting by tribes—

(_a_) which is presided over by magistrates of the people, e.g. by the consuls Manlius (Liv. vii. 16) and T. Quinctius Crispinus (Frontinus _de Aquaed._ 129), by the dictator Caesar (Cic. _ad Fam._ vii. 30), and by P. Clodius as curule aedile (Cic. _pro Sest._ 44, 95; _ad Q. fr._ 2, 3);

(_b_) which elects magistrates of the people, e.g. the quaestors (Cic. _ad Fam._ vii. 30 “comitiis quaestoriis institutis ... ille (Caesar) ... qui comitiis tributis esset auspicatus”) and the curule aediles (Gell. vii. 9 “[Cn. Flavium] pro tribu aedilem curulem renuntiaverunt”);

(_c_) which legislates. This legislative power is shown by the _lex Quinctia de aquaeductibus_ of 9 B.C. (Frontinus _de Aquaed._ 129);

(_d_) and exercises judicial power. This judicial power is shown in the trial of Milo for _vis_ in 56 B.C. (Cic. _pro Sest._ 44, 95; _ad Q. fr._ 2, 3). The prosecutor was a curule aedile, and the trial took place in the Forum (“ejectus de rostris Clodius,” l.c. § 2).

Perhaps the most striking demonstration of the existence of this assembly is contained in the prescription to the _lex Quinctia de aquaeductibus_ (Frontinus l.c.), which runs as follows:—

“T. Quinctius Crispinus consul populum jure rogavit populusque jure scivit in foro pro rostris aedis divi Julii pr(idie) [k.] Julias. Tribus Sergia principium fuit, pro tribu Sex.... L. f. Virro [primus scivit].”

Here we find an assembly of the Populus, presided over by a magistrate of the people, meeting in the Forum and voting by tribes. It can, therefore, be none other than a _comitia tributa populi_.

Although the formal difference between this assembly and the _concilium plebis tributim_ was great—the one being summoned by magistrates of the people, the other by plebeian magistrates; the one electing to popular, the other to plebeian offices; the one passing _leges_, the other _plebiscita_—the material difference between the two bodies was small. This consisted in the exclusion of Patricians from plebeian gatherings. When the consul or praetor summoned the tribes, the members of the few patrician families could attend; when the tribune summoned the tribes, these members were bound to keep away.