Chapter I: Preface

This volume is the first to offer in monographic form a detailed treatment of the popular assemblies of ancient Rome. Necessarily much of the material in it may be found in earlier works; but recent progress in the field, involving a reaction against certain theories of Niebuhr and Mommsen affecting the comitia, justifies a systematic presentation of existing knowledge of the subject. This task has required patient labor extending through many years. The known sources and practically all the modern authorities have been utilized. A determination to keep free from conventional ideas, so as to look at the sources freshly and with open mind, has brought views of the assemblies not found in other books. The reader is earnestly requested not to reject an interpretation because it seems new but to examine carefully the grounds on which it is given. In general the aim has been to follow a conservative historical method as opposed to the radical juristic, to build up generalizations on facts rather than to estimate sources by the criterion of a preconceived theory. The primary object of the volume, however, is not to defend a point of view but to serve as a book of study and reference for those who are interested in the history, law, and constitution of ancient Rome and in comparative institutional research.

In the preparation of the volume, I have been generously aided by my colleagues in Columbia University. To Professor William M. Sloane, Head of the Department of History, I owe a great debt of gratitude for kindly sympathy and encouragement in the work. It is an especial good fortune that the proofs have been read by Professor James C. Egbert. Many improvements are due to his scholarship and editorial experience. Professor George N. Olcott has advised me on various numismatic matters, and I am indebted to Dr. John L. Gerig for information on two or three etymologies. The proofs have also been read and corrections made by Dr. Richard R. Blews of Cornell University. It is a pleasure to remember gratefully these able friends who have helped me with their special knowledge, and to add the name of Mr. Frederic W. Erb of the Columbia University Library, whose courtesy has facilitated the borrowing of books for the study from other institutions.

Notwithstanding every effort to make the work accurate, mistakes and inconsistencies will doubtless be found in it, and I shall thankfully welcome suggestions from any reader for its further correction and improvement.

GEORGE WILLIS BOTSFORD.

MOUNT VERNON, NEW YORK, June 7, 1909.

CONTENTS

PAGES

PART I

ELEMENTS OF THE COMITIAL CONSTITUTION 1-118

CHAPTER I

THE POPULUS AND ITS EARLIEST POLITICAL DIVISIONS 1-15

CHAPTER II

THE SOCIAL COMPOSITION OF THE PRIMITIVE POPULUS 16-47

CHAPTER III

THE THIRTY-FIVE TRIBES 48-65

CHAPTER IV

THE CENTURIES AND THE CLASSES 66-99

CHAPTER V

THE AUSPICES 100-118

PART II

THE ASSEMBLIES: ORGANIZATION, PROCEDURE, AND FUNCTIONS,
RESOLUTIONS, STATUTES, AND CASES 119-477

CHAPTER VI

COMITIA AND CONCILIUM 119-138

CHAPTER VII

THE CONTIO 139-151

CHAPTER VIII

THE CALATA COMITIA 152-167

CHAPTER IX

THE COMITIA CURIATA 168-200

CHAPTER X

THE ORGANIZATION OF THE COMITIA CENTURIATA 201-228

CHAPTER XI

THE FUNCTIONS OF THE COMITIA CENTURIATA 229-261

CHAPTER XII

THE COMITIA TRIBUTA AND THE RISE OF POPULAR SOVEREIGNTY,
TO 449 262-282

CHAPTER XIII

THE COMITIA TRIBUTA AND THE RISE OF POPULAR SOVEREIGNTY,
FROM 449 TO 287 283-316

CHAPTER XIV

THE JUDICIAL FUNCTIONS OF THE COMITIA TRIBUTA, FROM 287
TO THE END OF THE REPUBLIC 317-329

CHAPTER XV

COMITIAL LEGISLATION, FROM HORTENSIUS TO THE GRACCHI 330-362

CHAPTER XVI

COMITIAL LEGISLATION, FROM THE GRACCHI TO SULLA 363-411

CHAPTER XVII

COMITIAL LEGISLATION, FROM SULLA TO THE END OF THE REPUBLIC 412-461

CHAPTER XVIII

THE COMPOSITION AND PRESERVATION OF STATUTES, COMITIAL
PROCEDURE, AND COMITIAL DAYS 462-472

CHAPTER XIX

A SUMMARY OF COMITIAL HISTORY 473-477

BIBLIOGRAPHY 479-498

INDEX 499-521

THE ROMAN ASSEMBLIES