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Updated: May 25, 2025
What Herennius proposed was that it should take place by a regular lex, passed by the comitia tributa. The object apparently was to avoid the necessity of the presence of a pontifex and augur, which was required at the comitia curiata. The concurrent law by the consul would come before the comitia centuriata.
But the creation of the magistrates with Imperium depended to a large extent on the convenience of the consuls, one of whom had sometimes to be summoned back from a campaign to preside at the Comitia which were to elect his successors; while even the date of the tribunician elections might have been conditioned by political considerations.
Even now good sense and discretion still thoroughly predominated. The whole conduct of the burgesses with reference to the government as well as to the opposition shows quite clearly that the same mighty patriotism before which even the genius of Hannibal had to quit the field prevailed also in the Roman comitia.
Thus in ancient Greece and Italy the primitive clan-assembly or township-meeting did not grow by aggregation into the assembly of the shire, but it developed into the comitia or ecclesia of the city. The chief magistrate was not the ealdorman of early English history, but the rex or basileus who combined in himself the functions of king, general, and priest.
So little taste, however, for order and beauty, did those display who had the direction of the works, that the city, when rebuilt, was even less regular than in the time of Romulus. This account appears so absurd as to be scarcely credible; in fact, Manlius was first tried by the "comitia centuriata," and acquitted.
Hence it was by no means certain that he would be able to appreciate a complicated technical argument, and as a matter of fact the more popular advocates rarely troubled themselves to advance one. Praetors also generally presided over capital trials, of which the proper jurisdiction lay with the comitia.
Nullity of the Comitia Not the party of the government only, but the party of reform also, very properly regarded the military, executive, and financial government as the legitimate domain of the senate, and carefully abstained from making full use of, to say nothing of augmenting, the formal power vested in primary assemblies that were inwardly doomed to inevitable dissolution.
While the whole city was loud with turbulent confusion—for, as morning broke, and it was known that the comitia were postponed, the agitation of terror succeeded to that of insubordination—Hortensia and her daughter sat together, pale, anxious, and heartsick, yet firm and free from all unworthy evidences of dismay.
There was a council of patricians called the Senate, chosen among themselves, and also containing by right all who had been chief magistrates. The whole assembly of the patricians was called the Comitia.
The oligarchical party, whose organ Pompeius now made himself, betrayed not obscurely the design, in the event of a victory, of revising the constitution in their sense and removing everything which had even the semblance of popular freedom; as indeed, doubtless for this reason, it omitted to avail itself of the comitia at all in its attacks directed against Caesar.
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