The same consideration makes concilium the more general term within the political sphere; the assembly it designates may be organized or unorganized, whereas comitia applies only to assemblies organized in voting divisions. This is the third general use.[751]
For explaining the four remaining uses it is necessary to inquire into the fundamental meaning of concilium. Although the etymology is uncertain, probability favors the ancient conjecture which derives it from “con-calare.”[752] People could only be called together for a purpose, which would most naturally be conversation, discussion, deliberation. Whatever may have been its origin, concilium certainly developed this meaning.[753] In the manuscripts and editions it is frequently interchanged with consilium,[754] and in the sources these two words are often placed in punning juxtaposition.[755] Possibly their close resemblance, founded on no etymological connection of the roots, helped create in concilium the idea of deliberation. At all events in the prose authors of the period under discussion this is the primary meaning. The deliberative character of most non-political concilia is very evident.[756] With this meaning the word could not designate an electoral assembly, which did not allow discussion;[757] it was restricted to legislative and judicial assemblies, in which the voting was preceded by deliberation. This is the fourth use.[758]
Rarely did a Roman writer have occasion to mention an election in a foreign state. Whenever he did so, however, he always used comitia. Most of the business of foreign assemblies referred to by Roman writers was concerned with international affairs—was legislative—and hence foreign assemblies are usually termed concilia.[759] This consideration accounts for the fifth general use.[760]
The sixth[761] may be easily explained. The tendency was to restrict comitia to electoral assemblies, just as concilium was restricted to legislative and judicial assemblies, though this tendency never became a rule.
The seventh[762] may be accounted for by the fact that after the passing of the Hortensian Law, the centuriate comitia came to be almost wholly electoral, while the plebeian tribal gathering became the chief statute-making body in the state. Furthermore the assembly over which the tribunes presided was far more deliberative than any other. Hence the centuriate assembly became the comitia, and the plebeian tribal assembly the concilium.[763]
The cause of the error into which Laelius[764] fell is now apparent. Finding the plebeian tribal assembly frequently termed concilium and the centuriate assembly of the whole people generally termed comitia, he hastily concluded that comitia should be restricted to assemblies of the whole people and concilia to assemblies of a part of the people. This discussion has proved, against Laelius, that for the republic and for the age of Augustus the distinction between the two words was not a distinction between the whole and a part, and that all the uses of comitia and concilium in this period may be explained by two simple facts: (1) that whereas concilium is singular, comitia is plural; (2) that concilium suggests deliberation, discussion.
A result of this inquiry is to banish the expressions “concilium tributum plebis” and “patricio-plebeian comitia tributa”—the former as impossible, the latter as unnecessary—from the nomenclature of Roman public law. There were but three forms of organized assembly—curiate, centuriate, and tribal—all equally entitled to the name “comitia.” The difference between the “comitia tributa populi” and “comitia tributa plebis” was chiefly in the presidency, as will be shown in a later chapter.[765] Contio, on the other hand, denotes the listening or witnessing assembly, unorganized or organized but never voting, whereas concilium, overlapping contio and comitia, may include voting in addition to deliberation.
Mommsen, Th., Röm. Forschungen, i. 129-217; Berns, C., De comitiorum tributorum et conciliorum plebis discrimine; Soltau, W., Altröm. Volksversammlungen, 37-46; Humbert, G., Comitia, in Daremberg et Saglio, Dict. i. 1374 ff.; Concilium, ibid. 1432 f.; Liebenam, W., Comitia, in Pauly-Wissowa, Real-Encycl. iv. 679 ff.; Kornemann, E., Concilium, ibid. iv. 801 ff.; Vaglieri, D., Concilium, in Ruggiero, Diz. ep. ii. 566 ff.; see also indices s. Comitia, Concilium, in the works of Niebuhr, Schwegler, Lange, Mommsen, Marquardt, Willems, Herzog, etc. The authorities thus far named represent the usual theory as to the distinction between comitia and concilium based on the definition of Laelius Felix discussed in this chapter. A new view is presented by Botsford, G. W., On the Distinction between Comitia and Concilium, in Transactions of the American Philological Association, xxxv (1904). 21-32—a paper reproduced with additions in the present chapter. See also Lodge, G., Lexicon Plautinum, i. 277 f. (Comitia), 289 (Concilium); Forcellini, Totius Latinitatis Lexicon, ii. 297 f. (Comitia), 347 f. (Concilium); Gudeman, Concilium, in Thesaurus linguae latinae, iv. 44-8.