3. At an election he could refuse to admit the name of any candidate whom he regarded as legally disqualified, and in doing this he was said aliquem non accipere-nomen alicuius non accipererationem alicuius non habere.

But although the president could refuse to return another candidate, he was not permitted, under any circumstances, to return himself.

Manner of Voting. For a long period the votes in the Comitia were given vivâ voce, and hence the phrase dicere aliquem consulem, i.e., to vote for a person to be consul; but voting by ballot (per tabellas) was introduced at the beginning of the seventh century by a succession of laws which, from their subject, were named Leges Tabellariae. On the day of the Comitia, a number of small enclosures, called Septa or Ovilia, were erected wherever the assembly was to be held. Each Septum was entered by a narrow passage or plank termed Pons s. Ponticulus, and egress was afforded by a similar Pons upon the opposite side. On the Pontes at each end of the Septum stood vases called Cistae s. Cistellae s. Sitellae s. Urnae, to receive the votes. Each voter received two tickets; on one of these were marked the letters V.R., the initials of the words Uti Rogas, i. e., let it be as you ask, and this he used if he was favourable to the measure; on the other was marked the letter A., the initial of the word Antiquo, i. e., antiqua probo, I prefer the old state of matters, and this he used if he voted against the Bill, whence the phrase antiquare legem signifies to reject a law.

In the case of a criminal trial, the voter received three tickets, one marked A., for Absolvo; another C., for Condemno; and a third N.L., for Non Liquet, i. e., I cannot make up my mind, and to employ this was virtually to decline giving a vote.

The voters having received their tickets, passed into the Septum, and then each as he passed out was asked for his ticket by persons called Rogatores, by whom they were dropped into the urn. As soon as the Septum was emptied, the tablets were counted under the inspection of tellers, Custodes, who were said-Suffragia dirimere -Suffragia describere-Tribus describere.

On the denarius of the Gens Cassia, engraved in p. 9, we see on one side of the temple a representation of the Sitella or Balloting Urn, and on the other a Tabella with the letters A. C. (Absolvo, Condemno); on another denarius, of the same Gens, as annexed, we see a voter in the act of dropping his ticket into the box.

R

The figures on a denarius of the Gens Hostilia are supposed to be voters passing along the Pons into the Septum. It seems probable

that, originally, before the introduction of voting by ballot, the voters, in passing along the Pontes, were questioned by the

R

Rogatores, and that their reply was noted down by a dot pricked upon a tablet. Hence the word punctum is constantly used in the sense of a vote, and ferre puncta means to gain votes, and hence the well known Horatian line

Omne tulit punctum qui miscuit utile dulci.

The presiding magistrate invited the assembly to disperse by the form-Si Vobis Videtur, discedite, Quirites.

Auspicia. The Romans, in the earlier ages of their history, never entered upon any important business whatsoever, without divination (nisi auspicato-nisi auspicio prius sumto). This operation was termed sumere auspicia; and if the omens proved unfavourable, the business was abandoned or deferred.

In the earlier ages of the state, the Patricians claimed the exclusive right of taking auspices, and hence they were said habere auspicia, i. e., to be in possession of the auspices; and this assumption formed one of the arguments most strenuously urged against the admission of the Plebeians to the consulship, it being maintained that no Plebeian consul could, without sacrilege, make the requisite observations. Upon like grounds the Patricians opposed the intermarriage of Plebeians with their order, because the taking of auspices formed part of the nuptial ceremonies.

Auspicia in Connection with the Comitin.-Neither the Comitia Curiata nor the Comitia Centuriata could be held unless the auspices had been taken and pronounced favourable. The objects observed in taking these auspices were birds (AUSPICIUM ab ave spicienda). Of these, some were believed to give indications by their flight (Alites s. Praepetes), others by their notes or cries (Oscines), while a third class consisted of chickens (Pulli). If these last refused to feed, or fed slowly, the auspices were regarded as unfavourable; on the other hand, if they fed voraciously, and especially if a portion of the food falling from their bills struck the ground (Tripudium Solistimum), the omen was regarded as in the highest degree propitious.

The magistrate who was to preside at the assembly arose immediately after midnight on the day for which it had been summoned, and called upon an augur to assist him (augurem in auspicium adhibebat). With his aid a region of the sky and a space of ground, within which the auspices were to be observed, were

marked out (Templum Capere), by the divining staff (lituus) of the augur, the whole space thus designated being called Templum.

Servare de Coelo.—There was, however, another class of omens connected with the Comitia. No popular assembly could continue its proceedings if thunder or lightning were observed, or if a storm of any kind arose Jove tonante, cum populo agi non esse fas-Jove fulgente nefas esse cum populo agi, augures omnes usque a Romulo decrevere and accordingly, if such appearances manifested themselves, the meeting at once broke up (e, g., Praetorum Comitia tempestas diremit).

About the year B.C. 156, a law, or perhaps two laws, one being supplementary to the other, were passed by Q. Aelius Paetus, and M. Fufius, Tribunes of the Plebs, which are frequently referred to by Cicero, as Lex Aelia Fufia or Lex Aelia et Lex Fufia.

One of the chief provisions of these enactments was, that it should be lawful for any of the superior magistrates to watch the heavens (servare de coelo) on the day on which assemblies of the people were held, whether Comitia Centuriata or Comitia Tributa, and if they saw lightning, to report this (obnuntiare) to the presiding magistrate. This right of observing the heavens, termed Spectio, belonged to the magistrates alone, and hence Cicero says (Philipp. II., 32,) Nos (sc. augures) NUNTIATIONEM solam habemus, at consules et reliqui magistratus SPECTIONEM.

But, by another principle in the discipline of the augurs, it was unlawful to hold Comitia while any one was known to be engaged in taking the auspices or watching the heavens, while the will of the gods might therefore be regarded as not yet fully ascertained (Orat. pro. dom. 15.)

Hence, if, on a day when a meeting of Comitia was about to be held, one of the higher magistrates thought fit to announce to the presiding magistrate that he was engaged in observing the heavens (se servare de coelo), or if he gave notice previously that he intended to be so engaged on the day fixed for an assembly, this was held to be an Obnuntiatio, and the proceedings were stopped.

The great object and effect of these laws was to impede hasty and rash legislation, and hence they are described as propugnacula et muros tranquillitatis et otii by Cicero.

Notice of Comitia.-The Comitia were summoned by a written proclamation (edictum), issued by the consul or other presiding magistrate seventeen days beforehand, a space of time termed Trinundinum, because the subject to be discussed thus became known to the people for three successive market days (nundinae). rule was, however, often departed from in cases of emergency. Dies Comitiales.-Comitia could be held upon particular days only, which were, from this circumstance, marked in the Kalendars

This

as Dies Comitiales; and these could not have been very numerous if we observe those which we know to have been excluded. Such

were

1. All Dies Festi, i. e., all days consecrated to the worship of the gods, and celebrated by sacrifices, banquets, or games. Among these were included the Calends and Ides of every month, the former being sacred to Juno, the latter to Jupiter.

2. The Nundinae or market days on which the country people came into the city to buy or sell, and which fell every eighth day.

Hour of Meeting.—No public business of any kind could be transacted before sunrise or after sunset.

Events which might abruptly put an end to a Meeting of Comitia.

1. If any magistrate of equal or superior rank to the presiding magistrate gave formal notice (obnuntiavit) that he was watching the heavens (se servare de coelo).

2. If lightning was seen, or if a sudden storm arose.

3. If any individual present was seized with epilepsy, hence named Morbus Comitialis.

4. By the intercession of one of the Tribunes of the Plebs. 5. By night-fall coming on before the business was concluded. 6. If the standard hoisted on the Janiculum was lowered; but this applied to the Comitia Centuriata alone.

We now proceed to consider these assemblies separately.

COMITIA CURIATA.

The Comitia Curiata, instituted, we are told, by Romulus, formed the original, and the only popular assembly among the early Romans.

1. This constituent body was composed of the thirty Curiae.

2. The Comitia Curiata being the only popular assembly up to the time of Servius Tullius, wielded all those constitutional powers, civil and religious, which were held to belong to the citizens as a body. It elected kings, all priests, enacted laws, declared war or concluded peace, and was the court of last appeal in all matters affecting the life or privileges of Patricians.

Each Curia had one vote, and the vote of each Curia was determined by the majority of voices in that Curia, every citizen voting individually (viritim) in the Curia to which he belonged. question under discussion was decided by the majority of the Curiae.

The

During the regal period, the Comitia Curiata could not meet unless summoned by the king or by his representative, the Tribunus Celerum, or, in the absence of the king, by the Praefectus Urbis,

or, when the throne was vacant, by an Interrex, and no measure of the Comitia was held valid until ratified by the Senate. Notice of the assembly was given by Lictors, one being attached to each Curia (Lictor Curiatus), who summoned the members individually (nominatim). Public criers (praecones) were sometimes employed for the same purpose.

Gradual Decline of the Comitia Curiata.—The first blow to the influence of the Comitia Curiata was the establishment, by Servius Tullius, of the Comitia Centuriata, which included all classes of the community, and was doubtless intended to supersede in a great measure the most important functions of the existing assembly.

Moreover, the foundations upon which the Comitia Curiata rested were gradually undermined by the steadily increasing influence of the Plebeians, who first of all extorted the right of electing magistrates out of their own body; then organized their own constitutional assemblies, the Comitia Tributa; then by the Lex Licinia (B.c. 367) obtained a share in the Consulship; and finally, by the Lex Publilia, established the important principle that all laws passed in the Comitia Tributa should be binding on the whole community—ut Plebiscita omnes Quirites tenerent.

From this time forward we hear little of the Comitia Curiata, whose influence ceased when the Plebeians were admitted to a full participation in all political rights; and this assembly would probably have disappeared altogether had it not been closely connected with certain religious observances which could not, according to the ideas of the Romans, have, without sacrilege, been committed to any other body. Of these the most important

were

1. The granting of Imperium or supreme military command, which, according to the principles of the constitution, could be conferred upon a magistrate by the Comitia Curiata alone; hence, after the election of the consuls by the Comitia Centuriata, a law passed by the Comitia Curiata (Lex Curiata de Imperio), conferring (Imperium) and the right of taking the auspices (Auspicia) was, in practice, held to be essential down to the very close of the republic, but, although never dispensed with, became, in process of time, a mere form.

2. Arrogatio.-When an individual was adopted into a Gens to which he did not previously belong, the sanction of the Comitia Curiata was requisite in strict technical language, when a foreigner was admitted into a Patrician Gens, the process was termed Cooptatio; when a Plebeian entered a Patrician Gens, Adlectio; when a Patrician passed from one Patrician Gens to another, Adoptio; when a Patrician passed into a Plebeian Gens,