[1175] Leg. Agr. ii. 11. 27. On the Aelian and Fufian statutes, see p. 116, 358 f.
[1176] Cic. Leg. Agr. ii. 12. 31: “Illis (comitiis) ad speciam atque ad usurpationem vetustatis per ... lictores auspiciorum causa adumbratis.”
[1177] Cic. Leg. Agr. ii. 12. 30: “Consulibus legem curiatam ferentibus a tribunis plebis saepe est intercessum”; cf. Dio Cass. xxxix. 19. 3.
[1178] Cic. Leg. Agr. ii. 11. 29; p. 227 above.
[1179] Cic. Fam. i. 9. 25; p. 193 above.
[1180] Herzog, Röm. Staatsverf. ii. 905.
[1181] This chapter historically follows ch. iv.
[1182] Livy i. 60. 4. This is the first act which Livy records, and it is his opinion that the last king never consulted the people; i. 49. 3. His view harmonizes with that of Dionysius, iv. 40. 3, that Servius intended to resign his office and establish a republic, had he lived.
[1183] Cic. Rep. ii. 31. 53: “(Valerius Poplicola) legem ad populum tulit eam, quae centuriatis comitiis prima lata est.” Dionysius, iv. 20. 3, supposes that Servius actually used this assembly for elections, legislation, and declarations of war, that Tarquin the Proud set aside the Servian arrangement (iv. 43. 1), which was restored at the beginning of the republic. The first of these ideas is an inference from republican usage, not based on knowledge of any definite act of the assembly in the regal period. In this matter, Soltau, Altröm. Volksversamml. 264, has given him too much credit.
[1184] An objection to the view represented by Soltau, ibid. 270-5, that the coöperation of the army in the overthrow of Tarquin the Proud caused its immediate transformation into the comitia centuriata, is that we have no ground for accepting as historical the details of the overthrow to which he calls attention. In p. 285-96 he attempts to reconstruct the earliest constitution of the republic on the theory that the army elected the consuls (283), that for a time those who were not actually on military duty were excluded from a vote in the centuriate assembly. The sources give no information regarding such an assembly, and we have no right to assume it, at least as a regular, recognized institution, for any period however early. Lange, Röm. Alt. i. 465, supposes that with the founding of the republic the assembly began to diverge from the army, the two institutions having previously been identical; cf. Guiraud, in Rev. hist. xvii (1881). 1.