90

DIVISION INTO REGIONS AND TRIBES.

first had its own tribune or commander (Tribunus vel præfectus), Dionys. iv. 14., and its own augur, Liv. x. 6.

Tarquinius Priscus doubled the number of tribes, retaining the same names; so that they were called Ramnenses primi and Ramnenses secundi, or posteriores, &c. Liv. i. 36.

But as the Luceres in a short time greatly exceeded the rest in number, Servius Tullius introduced a new arrangement, and distributed the citizens into tribes, not according to their extraction, but from their local situation.

He divided the city into four regions or wards, called PALATINA, SUBURBANA, COLLINA, and ESQUILINA, the inhabitants of which constituted as many tribes, and had their names from the wards which they inhabited. No one was permitted to remove from one ward to another, that the tribes might not be confounded, Dionys. iv. 14. On which account certain persons were appointed to take an account where every one dwelt, also of their age, fortune, &c. These were called city tribes (TRIBUS URBANÆ), and their number always remained the same.

Servius at the same time divided the Roman territory into fifteen parts (some say sixteen, and some seventeen), which were called country tribes (TRIBUS RUSTICE), Dionys. iv. 15.

In the year of the city 258, the number of tribes was made twentyone, Liv. ii. 21.* Here, for the first time, Livy directly takes notice of the number of tribes, although he alludes to the original institution of three tribes, x. 6. Dionysius says, that Servius instituted thirtyone tribes, iv. 15. But in the trial of Coriolanus, he only mentions twenty-one as having voted, vii. 64., the number of Livy, viii. 64.

The number of tribes was afterwards increased on account of the addition of new citizens at different times, Liv. vi. 5. vii. 15. viii. 17. ix. 20. x. 9. Epit. xix., to thirty-five, Liv. xxiii. 13. Ascon. in Cic. Verr. i. 5., which number continued to the end of the republic, Liv. i. 43.

After the admission of the Italian states to the freedom of the city, eight or ten new tribes are said to have been added; but this was of short continuance; for they were all soon distributed among the thirty-five old tribes.

For a considerable time, according to the institution of Servius Tullius, a tribe was nothing else but the inhabitants of a certain region or quarter in the city or country: but afterwards this was altered; and tribes came to be reckoned parts not of the city or

houses, must have exercised one over their own members, is indisputable; besides, as I have already noticed, there were two judges for capital causes; at all events, the account implies a tradition of the precedency of the high Ramnes: (celsi Ramnes, Hor. A. P. 342.)" -Nieb. i. p. 260.

By the admission of the Claudian or Crustumine tribe. Niebuhr (i. p. 360.) conjectures that a third part of their territory had been taken from the Romans by Porsenna, it being acknowledged that they were forced to cede that on the Etruscan bank of the Tiber, and thus an exact third of the original tribes disappeared.

+ This is an error: it should be thirty tribes; on which Niebuhr, i. p. 359., has the following remark: "No one will fail to perceive that the number of thirty plebeian tribes has a striking internal probability; because the patricians and the Latins, between whom the plebs stood in the middle, uniting the two, were both divided into thirty corporations."

PROLETARII -TRIBUS RUSTICÆ.

91

country, but of the state (non urbis, sed civitatis). Then every one, leaving the city tribes, wished to be ranked among the rustic tribes.* This was occasioned chiefly by the fondness of the ancient Romans for a country life, and from the power of the censors, who could institute new tribes, and distribute the citizens, both old and new, into whatever tribes they pleased, without regard to the place of their habitation. But on this subject writers are not agreed. In the year 449, Q. Fabius [hence called Maximus, in order to prevent the election of magistrates from falling into the hands of the city mob] separated the meaner sort of people from all the tribes through which they had been dispersed by App. Claudius, and included them in the four city tribes, Liv. ix. 46. Among these were ranked all those whose fortunes were below a certain valuation, called PROLETARII; and those who had no fortune at all, CAPITE CENSI, Gell. xvi. 10. From this time, and perhaps before, the four city tribes began to be esteemed less honourable than the thirty-one rustic tribes; and some of the latter seem to have been thought more honourable than others, Cic. pro Balbo, 25. Plin. xviii. 3. Hence, when the censors judged it proper to degrade a citizen, they removed him from a more honourable to a less honourable tribe (tribu movebant); and whoever convicted any one of bribery upon trial, obtained by law as a reward, if he chose, the tribe of the person condemned, Cic. ibid.

The rustic tribes had their names from some place; as, Tribus Aniensis, Arniensis, Cluvia, Crustumina, Falerina, Lemonia, Mœcia, Pomptina, Quirina, Romilia, Scaptia, [ Velina, Pers. Sat. v. 73.] &c.: or from some noble family; as, Emilia, Claudia, Cluentia, Cornelia, Fabia, Horatia, Julia, Minucia, Papiria, Sergia, Terentina, Veturia, &c.t

Sometimes the name of one's tribe is added to the name of a person, as a surname; thus, L. Albius Sex. F. Quirina, Cic. Quint. 6. M. Oppius, M. F. Terentina, Cic. Fam. viii. 8. Att. iv. 16.

The Comitia Tributa began first to be held two years after the creation of the tribunes of the people, A. U. 263, at the trial of Coriolanus, Dionys. vii. 59. But they were more frequently assembled after the year 282, when the Publilian law was passed, that the Plebeian magistrates should be created at the Comitia Tributa, Liv. ii. 56.

The Comitia Tributa were held to create magistrates, to elect certain priests, to make laws, and to hold trials.

At the Comitia Tributa were created all the inferior city magistrates, as the Ediles, both curule and plebeian, the tribunes of the

"Appius Cæcus, the censor, allowed the people, who had been classed, as we have already observed, according to the district in which they lived, to rank themselves in any tribe they chose, either in the city, or the country. No sooner was this indulgence granted, than every person, who had been previously enrolled in one of the city tribes, if he was ambitious of distinction, transferred his name to one of the tribus rusticæ, and, if possible, to that tribe which was distinguished by the most honourable names.' ·Crombie's G. ii. 351.

+ "Whenever a house (gens) and a tribe bore the same name, it may be assumed that both were in like manner called after the same indiges; and that both performed sacrifices to him, as to a patron of a higher order. Such is Clausus in Virg. Æn. vii. 707. Claudia nunc a quo diffunditur et tribus et gens Per Latium: he is no more the progenitor of the one than the other."- Nieb. i. p. 364.

92

PLEBISCITA -RIGHT OF VOTING AT THE COM. TRIB.

commons, quæstors, &c. All the provincial magistrates, as the proconsuls, proprætors, &c. also commissioners for settling colonies, &c. The Pontifex Maximus, and after the year 650, the other pontifices, augures, feciales, &c. by the Domitian law, Suet. Ner. 2. For before that, the inferior priests were all chosen by their respective colleges (a collegiis suis co-optabantur). But at the election of the pontifex maximus, and the other priests, what was singular, only seventeen tribes were chosen by lot to vote, and a majority of them, namely nine, determined the matter, Cic. Rull. ii. 7.

The laws passed at these comitia were called PLEBISCITA, (quæ plebs suo suffragio sine patribus jussit, plebeio magistratu rogante, Festus,) which at first only bound the Plebeians, but after the year 306, the whole Roman people, Liv. iii. 55.*

Plebiscita were made about various things; as about making peace, Liv. xxxiii. 10., about granting the freedom of the city, about ordering a triumph when it was refused by the senate, iii. 63., about bestowing command on generals on the day of their triumph, xxvi. 21., about absolving from the laws, which in later times the senate assumed as its prerogative, Ascon. in Cic. pro Cornel., &c. There were no capital trials at the Comitia Tributa; these were held only at the Centuriata: but about imposing a fine, Liv. iv. 41. And if any one accused of a capital crime did not appear on the day of trial, the Tributa Comitia were sufficient to decree banishment against him (id ei justum exilium esse scivit plebs), Liv. xxvi. 3.

XXV. 4.

All those might vote at the Comitia Tributa who had the full right of Roman citizens, whether they dwelt at Rome or not. For every one was ranked in some tribe, in which he had a right to vote, Liv. xlv. 15. Some had two tribes; one in which they were born, and another, either by right of adoption, as Augustus had the Fabian and Scaptian tribes, Suet. Aug. 40., or as a reward for accusing one of bribery (legis de ambitu præmio), Cic. pro Balbo, 25.

At the Comitia Tributa, the votes of all the citizens were of equal force, and therefore the patricians hardly ever attended them. On which account, as some think, they are said to have been entirely excluded from them, Liv. ii. 56. 60. But about this writers are not agreed. +

The comitia for creating tribunes and plebeian ædiles, were held by one of the tribunes to whom that charge was given, either by lot or by the consent of his colleagues, Liv. iii. 64.; but for creating curule ædiles and other inferior magistrates, by the consul, dictator, or

*Hitherto, as Dr. Taylor observes, they owed their strength chiefly to compact and connivance, rather than proper authority, which they had not, ob defectum majestatis. (Elements of Civil Law, p. 199.) This motion was brought forward by the consuls themselves at the Comitia Centuriata, and as Livy (1. c.) observes, it settled a matter which had hitherto been veluti in controverso jure, and armed the tribunes with a very dangerous weapon: quà lege tribunitiis rogationibus telum acerrimum datum est.

"The meeting of the tribes was the dominion of the tribunes of the people; it was never summoned by a patrician magistrate; when it assembled, the patricians and clients were obliged to withdraw from the forum; but the centuries were an institution to mediate between the two bodies and to unite them, and as such would but for this have been needless."- Nieb. i. p. 363.

COMITIA TRIBUTA, WHERE HELD AND WHEN.

93

military tribunes; for electing priests, by the consul only, Cic. ad Brut. 5.

The Comitia Tributa for passing laws and for trials, were held by the consuls, prætors, or tribunes of the commons. When the consul was to hold them, he, by his edict, summoned the whole Roman people; but the tribunes summoned only the plebeians, Gell. xv. 17. Hence they are sometimes called comitia populi, and sometimes concilium plebis: in the one, the phrase was populus jussit; in the other, plebs scivit. But this distinction is not always observed.*

The Comitia Tributa for electing magistrates were usually held in the Campus Martius, Cic. Att. i. 1. iv. 3. Ep. Fam. vii. 30.; but for passing laws and for trials commonly in the forum ; sometimes in the Capitol, Liv. xxxiii. 10., and sometimes in the circus Flaminius, Liv. xxvii. 21., anciently called prata Flaminia, or circus Apollinaris, Id. iii. 63., where also Q. Furius, the Pontifex Maximus, held the comitia for electing the tribunes of the commons, after the expulsion of the Decemviri, Liv. iii. 54.

In the forum there were separate places for each tribe marked out with ropes, Dionys. vii. 59.

In the Campus Martius, Cicero proposed building, in Casar's name, marble enclosures (septa marmorea), for holding the Comitia Tributa, Cic. Att. iv. 16., which work was prevented by various causes, and at last entirely dropped upon the breaking out of the civil wars; but it was afterwards executed by Agrippa, Dio. liii. 23. Plin. xvi. 40.

The same formalities almost were observed in summoning and holding the Comitia Tributa as in the other comitia, only it was not requisite for them to have the authority of the senate, or that the auspices should be taken. But if there had been thunder or lightning (si tonuisset aut fulgurásset), they could not be held that day. For it was a constant rule from the beginning of the republic, JOVE FULGENTE CUM POPULO AGI NEFAS ESSE, Cic. in Vatin. 8. Comitiorum solum vitium est fulmen, Id. de Div. ii. 18.

The Comitia Tributa for electing magistrates, after the year 598, were held about the end of July or the beginning of August; for electing priests, when there was a vacancy, and for laws and trials, on all comitial days.

Julius Cæsar first abridged the liberty of the comitia. He shared the right of creating magistrates with the people; so that, except the competitors for the consulship, whose choice he solely determined himself, the people chose one half, and he nominated (edebat) the other. This he did by billets, dispersed through the several tribes, to this effect, CESAR DICTATOR ILLI TRIBUI. COMMENDO VOBIS

ILLUM, ET ILLUM, UT VESTRO SUFFRAGIO SUAM DIGNITATEM TENEANT, Suet. Cæs. 41.

* The tribes, if there appeared to be any very glaring impropriety in the nature of their decision, were sometimes called back to give their suffrages anew, in order that they might have an opportunity of correcting it. Thus, when the first tribes that gave their suffrages refused Æmilius a triumph, A. U. 586, M. Servilius, a man of consular dignity, prevailed upon the tribunes of the commons to call the tribes back again, and vote afresh. The same consular, with the permission of the tribunes, made a long speech of expostulation to the people, and with such effect, that the tribes unanimously decreed a triumph to Æmilius. - Hooke's Rom.

Hist. b. v. ch. 21.

94

ELECTION OF MAGISTRATES UNDER THE EMPERORS.

Augustus restored this manner of election after it had been dropped for some time during the civil wars which followed Cæsar's death, Suet. Aug. 40. Dio. liii. 21.

Tiberius deprived the people altogether of the right of election, Juvenal. x. 77., and assuming the nomination of the consuls to himself, Ovid. Pont. iv. 9. 67., he pretended to refer the choice of the other magistrates to the senate, but, in fact, determined the whole according to his own pleasure, Tacit. Ann. i. 15. Dio. Cass. lviii. 20. Caligula attempted to restore the right of voting to the people, but without any permanent effect, Suet. Calig. 16. The comitia, however, were still for form's sake retained. And the magistrates, whether nominated by the senate or the prince, appeared in the Campus Martius, attended by their friends and connections, and were appointed to their office by the people with the usual solemnities, Plin. Paneg. 63. But the method of appointing magistrates under the Emperors, seems to be involved in uncertainty, Suet. Cæs. 40. 76. 80. Aug. 40. 56. Ner. 43. Vit. 11. Vesp. 5. Dom. 10. Tacit. Ann. i. 15. Hist. i. 77., as indeed Tacitus himself acknowledges, particularly with respect to the consuls, Ann. i. 81. Sometimes, especially under good emperors, the same freedom of canvassing was allowed, and the same arts practised to ensure success, as under the republic, Plin. Ep. vi. 6. 9. viii. 23. Trajan restrained the infamous largesses of candidates by a law against bribery (ambitûs lege); and by ordaining that no one should be admitted to sue for an office who had not a third part of his fortune in land, which greatly raised the value of estates in Italy, Id. vi. 19. When the right of creating magistrates was transferred to the senate, it at first appointed them by open votes (apertis suffragiis), but the noise and disorder which this sometimes occasioned, made the senate, in the time of Trajan, adopt the method of balloting (ad tacita suffragia decurrere), Plin. Ep. iii. 20., which also was found to be attended with inconveniences, which Pliny says the Emperor alone could remedy, Id. iv. 25. Augustus followed the mode of Julius Cæsar at the Comitia, Dio. liii. 21., although Mæcenas, whose counsel he chiefly followed, advised him to take this power altogether from the people, Dio. lii. 30. As often as he attended at the election of magistrates, he went round the tribes, with the candidates whom he recommended (cum suis candidatis), and solicited the votes of the people in the usual manner. He himself gave his vote in his own tribe, as any other citizen (ut unus e populo), Suet. Aug. 56.

ROMAN MAGISTRATES.

different FORMS OF GOVERNMENT, AND DIFFERENT MAGISTRATES AT DIFFERENT TIMES.

ROME was at first governed by kings: but Tarquin, the 7th king, being expelled for his tyranny, A. U. 244, the regal government was abolished, and two supreme magistrates were annually created in place of a king, called CONSULS. In dangerous conjunctures, a DICTATOR was created with absolute authority; and where there