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Updated: May 12, 2025
Sometimes in difficult cases the government left the decision to the people, as first, when Caere sued for peace, after the people had declared war against it but before war had actually begun ; and at a subsequent period, when the senate hesitated to reject unceremoniously the humble entreaty of the Samnites for peace . It is not till towards the close of this epoch that we find a considerably extended intervention of the -comitia tributa- in affairs of administration, particularly through the practice of consulting it as to the conclusion of peace and of alliances: this extension probably dates from the Hortensian law of 467.
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.
It had already, in the course of the previous period, been in great part transferred from the general to the burgesses; in this period came the further step, that the whole staff-officers of the regular yearly levy the twenty-four military tribunes of the four ordinary legions were nominated in the -comitia tributa-. Thus a line of demarcation more and more insurmountable was drawn between the subalterns, who gained their promotion from the general by punctual and brave service, and the staff, which obtained its privileged position by canvassing the burgesses.
Ipsi marks the transition from the country to the people, cf. ipsos Germanos, G. 2. Obeunt properly applies only to munera, not to tributa and delectum, which would require tolerant or some kindred verb. Zeugma. Igitur==now. In the first sentence of the section the author has indicated his purpose to speak of the people of Britain.
In other words, the Senate was now confirmed by law in a privilege which it had hitherto only exercised by the employment of a fiction. Fifthly, the votes were to be taken, not in the Comitia Tributa, but in the Comitia of Centuries. Sixthly, the five classes were no longer to have an equal voice, but the first class was, as in the Servian constitution, to have nearly half the votes.
The tribuneship would give him the right to bring forward measures in the comitia tributa, such as he desired to pass, and would in particular give him the opportunity of attacking Cicero. The difficulty was that to become tribune he must cease to be a patrician. He could only do that by being adopted into a plebeian gens. He had a plebeian ready to do it in B.C. 59.
It was on this account that the plebeians would not consent to place the comitia tributa under the sanction of the auspices. The augurs were at first only three in number, but they were in later ages increased to fifteen, and formed into a college.
In the assemblies by centuries, the vote of the first class prevailed over all the others; in the comitia by curiae the patricians were supreme. The Comitia Tributa represented the thirty Roman tribes according to the Servian constitution, to whom was originally given the right to elect inferior magistrates.
As, moreover, both the extraordinarily admitted senators and the quaestors were nominated by the -comitia tributa-, the senate, hitherto resting indirectly on the election of the people, was now based throughout on direct popular election; and thus made as close an approach to a representative government as was compatible with the nature of the oligarchy and the notions of antiquity generally.
But as the State became more and more democratic, the Comitia Tributa was more used than the Comitia Centuriata, in which legislation was gradually confined to special matters assigned to them by law or custom.
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