COMITIA CALATA, CENTURIATA.

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3. That form of adoption called arrogatio (see p. 48.) was made at the Comitia Curiata, because no one could change his state or sacra without the order of the people, Cic. pro Sext. pro Dom. 15. &c. Suet. Aug. 65. Dio. xxxvii. 51.

4. Testaments were anciently made at these Comitia; and because in time of peace they were summoned (calata, i. e. convocata) by a lictor twice a-year for this purpose; hence they were also called COMITIA CALATA, which name is likewise sometimes applied to the Comitia Centuriata, because they were assembled by a Cornicen, who was also called Classicus (quod classes comitiis ad comitatum vocabat), A. Gell. xv. 27. Varro de Lat. Ling. iv. 16.

5. What was called DETESTATIO SACRORUM, was also made here as when it was denounced to an heir or legatee that he must adopt the sacred rites which followed the inheritance, Cic. de Legg. ii. 9. Whence an inheritance without this requisite is called by Plautus hæreditas sine sacris. Captiv. iv. 1. (cùm aliquid obvenerit sine aliquá incommoda appendice, Festus.)*

THE COMITIA CENTURIATA AND THE CENSUS.+

THE principal Comitia were the Centuriata, called also majora, Cic. post Red. in Senat. 2. in which the people, divided into the centuries

"The most important piece of information on Roman constitutional law, contained in the newly discovered fragments of Cicero's books on the Republic, is, that after the curies had elected the kings, the kings were still under the necessity of applying to the same curies for the imperium, the refusal of which would have made their election powerless, de Re P. ii. 13. (Numa) quanquam populus curiatis eum comitiis regem esse jusserat, tamen ipse de suo imperio curiatam legem tulit. The same is stated of Tullus Hostilius, Ancus Martius, L. Tarquinius, Serv. Tullius. This might be known to Cicero from the books of the pontiffs and augurs; and the more startling it sounds, that the same assembly had to decide twice, and could annul its own election by the second decision, the more distinctly does he declare that so it was. Nor was the declaration superfluous, even in his time; for Dionysius and Livy, both of them, assume that the assemblies must have been two different ones, as was the case after the time of Servius Tullius. The electing assembly both look upon to be the people; the confirmative one is termed by the former the patricians, by the latter the patres; (Liv. i. 17. decreverunt, ut, cum populus regem jussisset, id sic ratum esset, si patres auctores fierent; in this form Numa's election is conducted; cf. 22. 32. 41.): hereby he may have meant the senate; yet it is probable, that in this place also he had the patricians in view, at least indistinctly, as he had elsewhere more frequently than such a sense is assigned to him. At all events, every reader sees, without need of many words to prove it, that what Cicero calls the lex curiata de imperio, is precisely the same thing as the auctoritas patrum in Livy, and the confirmation by the patricians in Dionysius. And thus, then, it is now further clear that the auctoritas patrum, which, until the Mænian law, was indispensable to the validity of elections, was nothing else than the lex curiata de imperio, which even the dictators were under the necessity of procuring for themselves. But those patres were the patricians; they are called so most distinctly (Liv. vi. 42.): a more conclusive proof cannot be offered in history than this, for the identity between the comitia of the curies and the assembly of the patricians."- Nieb. i. p. 288.

The learned differ about the persons whose names were given in upon each Roman census. Some will have it that in this multitude all the Roman citizens, without excepting their wives or children, were included; but this, at all events, cannot be admitted, for we do not find that the most numerous census ever exceeded 500,000 for above 700 years together. Others confine the census to the heads of families. This, however, is equally untenable; for, under the consulship of Valerius,

GENSUS- PAGANALIA.

of their classes, gave their votes; and what a majority of centuries decreed (quod plures centuriæ jussissent) was considered as finally determined (pro rato habebatur.) These Comitia were held according to the Census instituted by Servius Tullius.

The CENSUS was a numbering of the people, with a valuation of their fortunes (æstimatio, àñoríμnois).

To ascertain the number of the people, and the fortunes of each individual, Servius (A.U. 175) ordained that all the Roman citizens, both in town and country, should upon oath take an estimate of their fortunes (bona sua jurati censerent, i. e. æstimarent), and publicly declare that estimate to him (apud se profiterentur); that they should also tell the place of their abode, the names of their wives and children, and their own age and that of their children, and the number of their slaves and freedmen: that if any did otherwise, their goods should be confiscated, and themselves scourged and sold for slaves, as persons who had deemed themselves unworthy of liberty (qui sibi libertatem abjudicâssent, Cic. pro Cæcin. 34.). He likewise appointed a festival, called PAGANALIA, to be held every year in each pagus, or village, to their tutelary gods, at which time the peasants should every one pay into the hands of him who presided at the sacrifices a piece of money; the men a piece of one kind, the women of another, and the children of a third sort, Dionys. iv. 15.51.*

Then, according to the valuation of their estates, he divided all the citizens into six CLASSES, and each class into a certain number of CENTURIES.

The division by centuries, or hundreds, prevailed every where at Rome; or rather by tens, from the number of fingers on both hands, Ovid. Fast. iii. 123. &c. The infantry and cavalry, the curia and tribes, were divided in this manner; and so even the land: hence CENTENARIUS AGER, Ovid. ibid. & Festus. At first a century contained a hundred; but not so afterwards. Thus the number of men in the centuries of the different classes was, without doubt, very different.

A. U. 245, B. C. 507, the Roman state, which then hardly extended beyond the walls of Rome, would have reckoned up 130,000 heads of families, exclusive of widows, orphans, slaves, strangers, &c. It is, therefore, more reasonable to conclude with Fabius Pictor, as quoted by Livy, that none but those that were able to bear arms were included in this reckoning; i. e. those only who were about seventeen years of age, and under forty-six. Thus we are to understand Dion. Hal.: when speaking of this fifth Roman census, he says, that the number of those arrived to the age of puberty, ev 6n, amounted to 130,000 men. — Hooke's Rom. Hist. c. ii.

"The laws provided the means for detecting false returns. All children on their birth were registered in the temple of Lucina; all who entered into youthhood, in that of Juventas; all the deceased, in that of Libitina; all sojourners, with their wives and children, at the Paganalia. All changes of abode, or of landed property, were to be announced to the magistrates of the district, the tribunes, or the overseers of the pagi or vici; which Dionysius misinterprets into a prohibition against any body dwelling without the region of his tribe. In like manner, notice must have been given on every alienation of an article liable to tribute; and the purpose of the witnesses prescribed by law, who confessedly represented the five tribes, was at least just as much to trace the object of the sale for the census, as to ensure the proprietor."— Nieb. i. p. 406.

DIVISION INTO CLASSES AND CENTURIES.

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The first class consisted of those whose estates in lands and effects were worth at least 100,000 asses, or pounds of brass; or 10,000 drachmæ, according to the Greek way of computing; which sum is commonly reckoned equal to 3221. 18s. 4d. of our money; but if we suppose each pound of brass to contain 24 asses, as was the case afterwards, it will amount to 7,7501.

This first class* was subdivided into eighty centuries or companies of foot, forty of young men (juniorum), that is, from seventeen to forty-six years of age, Cic. de Sen. 17. A. Gell. x. 28. [“Livy xxiv. 7. xxvi. 22." —T.] who were obliged to take the field (ut foris bella gererent), and forty of old men (seniorum), who should guard the city (ad urbis custodiam ut præstò essent). To these were added eighteen centuries of Equites, who fought on horseback: in all ninety-eight centuries.

The second class consisted of twenty centuries; ten of young men, and ten of old, whose estates were worth at least 75,000 asses. Το these were added two centuries of artificers (fabrûm), carpenters, smiths, &c. to manage the engines of war. These Livy joins to the first class.

It is hardly to be imagined that those artificers were composed of the members of either the first or the second class, but of their servants or dependents; for not only the mechanic arts, but likewise every kind of trade, was esteemed dishonourable among the ancient Romans.

The third class was also divided into twenty centuries; their estate was 50,000 asses.

The fourth class likewise contained twenty centuries; their estate was 25,000 asses. To these Dionysius adds two centuries of trumpeters, vii. 59.

The fifth class was divided into thirty centuries; their estate was 11,000 asses, but according to Dionysius, 12,500. Among these, according to Livy, were included the trumpeters, and corneters or blowers of the horn, distributed into three centuries, whom Dionysius joins as two distinct centuries to the fourth class.

The sixth class comprehended all those who either had no estates, or were not worth so much as those of the fifth class. The number of them was so great as to exceed that of any of the other classes, yet they were reckoned but as one century.

Thus the number of centuries in all the classes was, according to Livy, 191; and according to Dionysius, 193.

Niebuhr, i. p. 584., says, that all the classes were thus subdivided.

+"From what Gellius (x. 28.) quotes out of Tubero, all who were above fortysix would have been numbered among the seniors: according to a different wellknown statement, it was only up to the close of the sixtieth year, with which all civic rights expired. This opinion rests upon valuable authorities, and the obligation of the seniores to defend the city, of which we read in Livy, speaks strongly for their having been separated from the senes." - Nieb. i. p. 386.

Cicero only gives them one. To this Niebuhr inclines; on the ground that in the camp, where none but the junior centuries, and the five attached to them, the fabri, accensi, velati, liticines, and cornicines, were present, the junior centuries being eighty-five, these, together with the five mentioned, make up three times thirty, the number which pervades the earliest institutions. On the same principle, the number of centuries in the classes was 170.

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CLASSICI INFRA CLASSEM

CAPITE CENSI.

Some make the number of Livy to amount to 194, by supposing that the trumpeters, &c. were not included in the thirty centuries of the fifth class, but formed three distinct centuries by themselves.

Each class had arms peculiar to itself, and a certain place in the army, according to the valuation of their fortunes.

By this arrangement, the chief power was vested in the richest citizens, who composed the first class, which, although least in number, consisted of more centuries than all the rest put together; but they likewise bore the charges of peace and war (munia pacis et belli) in proportion, Liv. i. 42. For as the votes at the Comitia, so likewise the quota of soldiers and taxes, depended on the number of centuries. Accordingly, the first class, which consisted of ninety-eight, or, according to Livy, of one hundred centuries, furnished more men and money to the public service, than all the rest of the state besides. But they had likewise the chief influence in the assemblies of the people by centuries. For the Equites and the centuries of this class were called first to give their votes, and, if they were unanimous, the matter was determined; but if not, then the centuries of the next class were called, and so on, till a majority of centuries had voted the same thing. And it hardly ever happened that they came to the lowest, Liv. i. 43. Dionys. vii. 59.

In aftertimes some alteration was made, as is commonly supposed, in favour of the Plebeians, by including the centuries in the tribes; whence mention is often made of tribes in the Comitia Centuriata, Liv. v. 18. Cic. in Rull. ii. 2. pro Planc. 20. In consequence of which, it is probable, that the number of centuries as well as of tribes was increased, Cic. Phil. ii. 82. But when or how this was done is not sufficiently ascertained, only it appears to have taken place before the year of the city 358, Liv. v. 18.

Hence classici

Those of the first class were called CLASSICI, all the rest were said to be INFRA CLASSEM, A. Gell. vii. 13. auctores, for the most approved authors, Id. xix. 8.

Those of the lowest class who had no fortune at all were called CAPITE CENSI, rated by the head; and those who had below a certain valuation, PROLETARII, Gell. xvi. 10. whence sermo proletarius for vilis, low, Plaut. Milit. Glor. iii. 1. 157. This properly was not reckoned a class; whence sometimes only five classes are mentioned, Liv. iii. 30. So Quinta classis videntur, of the lowest, Cic. Acad. iv. 23.

This review of the people was made (census habitus, v. actus est) at the end of every five years; first by the kings, then by the consuls, but, after the year 310, by the censors, who were magistrates created for that very purpose. We do not find, however, that the census was always held at certain intervals of time. Sometimes it was omitted altogether, Cic. pro Arch. 5.

After the census was finished, an expiatory or purifying sacrifice (sacrificium lustrale) was made, consisting of a sow, a sheep, and a bull, which were carried round the whole assembly, and then slain; and thus the people were said to be purified (lustrari). Hence also lustrare signifies to go round, to survey, Virg. Ecl. x. 55. Æn. viii. 231. x. 224. and circumferre, to purify, Plaut. Amph. ii. 2. 144. Virg. En. This sacrifice was called SUOVETAURILIA or SOLI

vi. 229.

LUSTRUM

-COMITIA CENTURIATA — WHY HELD, BY WHOM. 79 TAURILIA, and he who performed it was said CONDERE LUSTRUM. It was called lustrum a luendo, i. e. solvendo, because at that time all the taxes were paid by the farmers-general to the censors, Var. L. L. v. 2. And because this was done at the end of every fifth year, hence LUSTRUM is often put for the space of five years; especially by the poets, Horat. Od. ii. 4. 24. iv. 1. 6., by whom it is sometimes confounded with the Greek Olympiad, which was only four years, Ovid. Pont. iv. 6. 5. Martial. iv. 45. It is also used for any period of time, Plin. ii. 48.

The census anciently was held in the forum, but after the year of the city 320, in the villa publica, which was a place in the Campus Martius, Liv. iv. 22. fitted up for public uses; for the reception of foreign ambassadors, &c. Liv. xxxiii. 9. Varro de Re Rustica, iii. 2. Lucan. ii. 196. The purifying sacrifice was always made (lustrum conditum est) in the Campus Martius, Liv. i. 44. Dionys. iv. 22. The census was sometimes held without the lustrum being performed, Liv. iii. 22.

1. THE CAUSES OF ASSEMBLING THE COMITIA CENTURIATA. THE COMITIA CENTURIATA were held for creating magistrates, for passing laws, and for trials. *

In these comitia were created the consuls, prætors, censors, and sometimes a proconsul, Liv. xxvi. 18., also the decemviri, military tribunes, and one priest, namely, the rex sacrorum. Almost all laws were passed in them which were proposed by the greater magistrates, and one kind of trial was held there, namely, for high treason, or any crime against the state, which was called JUDICIUM PERDUELLIONIS; as when any one aimed at sovereignty, which was called crimen regni, Liv. vi. 20., or had treated a citizen as an enemy, Cic. in Verr. i. 5.

War was also declared at these comitia, Liv. xxxi. 6, 7. xlii. 30.

2. THE MAGISTRATES WHO Presided at tHE COMITIA CENTURIATA; THE PLACE WHERE THEY WERE HELD; THE MANNER OF SUMMONING THEM; AND THE PERSONS WHO HAD A RIGHT TO VOTE AT THEM.

THE Comitia Centuriata could be held only by the superior magistrates, i. e. the consuls, the prætor, and dictator, and interrex: but the last could only hold the comitia for creating magistrates, and not for passing laws.

The censors assembled the people by centuries; but this assembly was not properly called comitia, as it was not to vote about any thing. The prætors could not hold the comitia if the consuls were present, without their permission, Liv. xxvii. 5.; but they might in their absence, Id. xliii. 16. xlv. 21., especially the prætor urbanus; and as in the instance last quoted, without the authority of the senate.

* "They determined on such proposals of the senate concerning elections and laws, as were put to the vote by the person who presided; with perfect liberty to reject them; but their acceptance did not acquire full force till approved by the curies."-Nieb. i. p. 420.