[2979] In the opinion of Mommsen, Röm. Staatsr. iii. 397, n. 4, 411, n. 7; Abhdl. sächs. Gesellsch. d. Wiss. ii (1857). 426, n. 107, the principium had nothing to do with the order of voting. His argument is based chiefly on the fact that according to the Lex Mal. 55—a constitution evidently based in large part on that of Rome—the curiae voted simultaneously. Reference to the preliminary vote of a single Roman tribe, however, is made by Plut. Aemil. 31; App. B. C. i. 12. 52. Furthermore it is difficult to understand why so great importance should attach to the principium on Mommsen’s supposition that it had merely to do with the order of announcement after the simultaneous vote of all the tribes. His view is accepted by Liebenam, in Pauly-Wissowa, Real-Encycl. iv. 684, but rejected by Lange, Kl. Schr. ii. 477 f.; Herzog, Röm. Staatsverf. 1184, and ignored by most other writers, including Liebenam, inconsistently; ibid. 706.
[2980] “Sitellam deferre.” It was filled with water, the lots were thrown in, and the drawing was effected by pouring out the water, which caused the pieces to fall one by one. The process was supervised by the custodes; cf. Ascon. 70; Cic. Leg. Agr. ii. 9. 22.
[2981] Dion. Hal. vii. 59. i; App. B. C. iii. 30. 117.
[2982] Serv. in Bucol. i. 33; Ovid, Fast. i. 53; Cic. Mil. 15. 41.
[2983] The marble building, known as the Saepta Julia, begun in 54 by Julius Caesar (Cic. Att. iv. 16. 14), was finished by Agrippa in 27 B.C. A plan is given by Platner, Top. and Mon. of Anc. Rome, 365, who describes it at length; cf. Richter, Top. v. Rom, 230 ff.
[2984] Cic. Sest. 51. 109; p. 129 above.
[2985] The act could take place during the deliberation, the placing of the urn, the sortition, and the separation of the people in their voting groups; Ascon. 70; (Cic.) Herenn. i. 12. 21; Cic. N. D. i. 38. 106. It was most convenient, however, for the tribune to interpose his veto by forbidding the reading of the bill; Ascon. 57 f. (p. 430 above); App. B. C. i. 12.
[2986] P. 115.
[2987] Livy ix. 46. 2; Gell. vii (vi). 9. 2.
[2988] Dion. Hal. vii. 59. 9; 64. 6.