Sometimes the magistrates were invited in the order of their rank and afterward private citizens; in other cases, especially in tribunician contiones, private persons were called first that they might speak with perfect freedom, uninfluenced by the opinion of their magistrates.[851] As the president had absolute control, he could alter the usage to suit his own interest, and could certainly reserve to himself the advantage of speaking last.[852] It often happened that there was not enough time in one day for the discussion of a question. In that case the magistrate adjourned the meeting to a specified date.[853]
After the deliberation, or after the formality of opening the contio which was merely preliminary to the comitia, the president ordered the assembly to form into voting groups—curiae, centuries, or tribes. He could say, for instance, “I order you to take your proper places in the comitia centuriata,”[854] or more generally, “If you think fit, quirites, move apart (into your voting groups).”[855] At the same time he ordered the departure of all who lacked the qualification for voting.[856] The lictors of the magistrates with imperium and the beadle (viator) of the tribune attended to clearing away the unqualified.[857]
Schulze, C. F., Volksversammlungen der Römer, 141 ff., 243 ff.; Rubino, J., Röm. Verfassung und Geschichte, 240-53; Lange, L., Röm. Altertümer, ii. 715-23, and see indices s. v.; Mommsen, Th., Röm. Staatsrecht, i. 191-209; iii. 370-8, and see index s. v.; Willems, P., Droit public Rom. 158 f.; Herzog, E., Röm. Staatsverfassung, i. 632-6, 1057 f., and see index s. v.; Karlowa, O., Röm. Rechtsgeschichte, i. 48 f., 379-81; Madvig, J. N., Verf. u. Verw. d. röm. Staates, i. 219; Soltau, W., Altröm. Volksversammlungen, 37 ff.; Humbert, G., Contio, in Daremberg et Saglio, Dict. i. 1484 f.; Liebenam, W., Contio, in Pauly-Wissowa, Real-Encycl. iv. 1149-53; Ruggiero, Diz. ep. ii. 1185, s. Contio; Lodge, G., Lex. Plaut. i. 307, s. Contio; Forcellini, Tot. Lat. Lex. ii. 349 f., s. Concio; Dupond, A., Constitution et magistratures Rom. 60-3; Ihne, History of Rome, iv. 40-2.
CHAPTER VIII
THE CALATA COMITIA
In seeking for the origin and primitive character of the Roman assembly we are enabled by comparative study to reach a stage of growth far anterior to the beginnings of Roman tradition. In its earliest known form the European popular assembly had the following characteristics, provisionally enumerated here, but established in the next chapter: (1) the people who attended were the mass of freemen of a tribe, especially the warriors; (2) they stood or sat promiscuously, without reference to sub-tribal groups; (3) measures were proposed by none but chiefs or nobles, generally after previous discussion in council, the common members wholly lacking initiative; (4) the speakers were as a rule, though not exclusively, chieftains; (5) the vote was by acclamation, the clash of weapons, or some similar demonstration; as a correlate of (3) and (4) may be added, (6) sovereignty, so far as the idea existed, resided not in the assembly, which of itself could take no action, but in the king and chieftains, who made use of the assembly (a) for the publication of news or of projects, (b) for securing by their eloquence the coöperation of the tribe in a plan already formed in council. However far developed beyond this crude institution the comitia curiata or the comitia centuriata of the republican period may have been, traces of all the characteristics above mentioned may be found in the historical Roman assembly[858]—a fact which justifies the comparative method of approach to the subject.
We need not hesitate to begin with the unorganized contio as the earliest form of Roman assembly, to which we may attach the other features of the European gathering named above. The first problem is to determine under what influence and for what purpose the gathering of the people came to be organized in curiae. The notion that the object was primarily for voting is groundless. The Athenians had the germ of a tribal assembly in the division of the people by phylae on the occasion of ostracophory[859] and of the passing of other privilegia (νόμοι ἐπ’ ἀνδρί). The organization was not in this case for the purpose of using the tribes as voting units, but merely for bringing order and solemnity to the proceeding. Apparently the assembly of Alamanni was arrayed in military form for ratifying emancipations,[860] though in the process the military companies did not vote as units. In like manner, but for a wider range of functions, we find at Rome the meeting of the people in curiae, less frequently in centuries, merely for listening, for witnessing, or for receiving purification. The circumstances that the business of such assemblies was largely religious, and of such a character that it must have originated in the earliest Roman times, and that in the greater number of cases these gatherings were under sacerdotal presidency suggest that the sacerdotes, particularly the pontiffs, introduced the curiate organization from the army to make their religious meetings more orderly and dignified.[861]
All assemblies which met under pontifical presidency for religious purposes were called calata,[862] evidently from “calare,” a verb which must originally have been in common use in the sense of “to call,” but which in historical time was restricted to the technical language of the sacerdotes.[863] In the latter connection it designates the peculiar method of summoning used by the pontiffs.[864] Probably, at least in earlier time, their calatores acted as curiate lictors in convoking the calata comitia curiata,[865] over which they presided. In all meetings of the kind in the regal period the people were grouped in curiae; under the republic the centuriata comitia calata were also used for certain purposes.[866] The usual meeting-place of the calata comitia curiata was in front of the curia Calabra on the Capitoline Hill.[867] With reference to their object, they may be classed as non-voting and voting; the former were purely religious, the latter were for the settlement of questions which were in part civil.[868] First to be noted of the non-voting assemblies were those in which the people gathered in comitia under the presidency of the king,[869] in the republic under the rex sacrorum, to hear the proclamation of the fasti. On the calends of each month a pontifex minor, as clerk of the college,[870] announced to them on what day, whether the fifth or seventh, the nones would come.[871] On the nones the king again summoned the people to hear the calendar of the month,[872] read probably by the same pontifex minor. This custom fell into disuse with the publication of the calendar in the Forum, beginning in 304.[873]
Equally passive were those comitia calata which under the presidency of the supreme pontiff witnessed the inauguration of the three flamines maiores,[874] probably of the king in the regal period, and certainly of the rex sacrorum under the republic.[875] As warlike Mars had his shrines outside the pomerium,[876] his chief temple being in the Campus Martius,[877] it is a probable conclusion that his flamen was inaugurated there—in the regal period in some form of military assembly, under the republic in the comitia centuriata.[878] The inaugural ceremonies were performed by an augur;[879] in the case of the sacerdotes it was the supreme pontiff who requested this service of him,[880] whereas the king could doubtless command an augur without the coöperation of the pontiff. A closely related function was the appointment of Vestals by lot, under the conduct of the supreme pontiff in a public assembly, probably the calata comitia.[881] The destatio sacrorum and the abjuration of social rank, other acts which these comitia merely witnessed, will be considered in connection with the transitio ad plebem and the adrogatio.[882] The ceremonies attended to by the rex sacrorum on March 24 and again on May 24 may have been in comitia calata, though this is doubtful.[883]