CANDIDATI NOMENCLATOR DEDUCTORES.

81

reliquis septem rura colebant, Varro de Re Rust. præf. 11.) But the comitia were not held on the market-days (nundinis), because they were ranked among the feria or holy-days, on which no business could be done with the people, Macrob. i. 16. (ne plebs rustica avocaretur, lest they should be called off from their ordinary business of buying and selling,) Plin. xviii. 3. This, however, was not always observed, Cic. Att. i. 14.

But the comitia for creating magistrates were sometimes summoned against the first lawful day (in primum comitialem diem), Liv. xxiv. 7.

All those might be present at the Comitia Centuriata who had the full right of Roman citizens, whether they lived at Rome or in the country.

3. CANDIDATES.

THOSE Who sought preferments were called CANDIDATI, from a white robe (toga candida) worn by them, which was rendered shining (candens vel candida) by the art of the fuller; for all the wealthy Romans wore a gown naturally white (toga alba). This, however, was anciently forbidden by law (ne cui album, i. e. cretam, in vestimentum addere, petitionis causâ liceret), Liv. iv. 25.

The candidates did not wear tunics or waistcoats, either that they might appear more humble, or might more easily show the scars they had received on the breast or fore part of their body (adverso corpore), Plutarch. in Coriolano.

In the latter ages of the republic, no one could stand candidate who was not present, and did not declare himself within the legal days; that is, before the comitia were summoned, Sall. Cat. 18. Cic. Fam. xvi. 12. and whose name was not received by the magistrates: for they might refuse to admit any one they pleased (nomen accipere, vel rationem ejus habere), but not without assigning a just cause, Liv. iii. 35. v. 14. xxiv. 7, 8. Val. Max. iii. 8. 3. Vell. ii. 92. The opposition of the consuls, however, might be overruled by the Senate, Liv. iii. 21.

For a long time before the time of election, the candidates endeavoured to gain the favour of the people by every popular art, Cic. Att. i. 1.; by going round their houses (ambiendo), by shaking hands with those they met (prensando), by addressing them in a kindly manner, and naming them, &c.; on which account they commonly had along with them a monitor or NOMENCLATOR, who whispered in their ears every body's name, Horat. Ep. i. 6. 50. &c. [Cic. ad Att. iv. 1.] Hence Cicero calls candidates natio officiosissima, in Pis. 23. On the market-days they used anciently to come into the assembly of the people, and take their station on a rising ground (in colle consistere), whence they might be seen by all, Macrob. Sat. i. 16. When they went down to the Campus Martius, at certain times, they were attended by their friends and dependents, who were called DEDUCTORES, Cic. de pet. cons. 9. They had likewise persons to divide money among the people (DIVISORES, Cic. Att. i. 17. Suet. Aug. 3.). For this, although forbidden by law, was often done openly, and once against Cæsar, even

82

INTERPRETES

SEQUESTRES AUCTOR LEGIS -REUS.

with the approbation of Cato, Suet. Jul. 19. There were also persons to bargain with the people for their votes, called INTERPRETES, and others in whose hands the money promised was deposited, called SEQUESTRES, Cic. Act. in Verr. i. 8. 12. Sometimes the candidates formed combinations (coitiones) to disappoint (ut dejicerent) the other competitors, Cic. Att. ii. 18. Liv. iii. 35.

Those who opposed any candidate, were said ei refragari, and those who favoured him, suffragari vel suffragatores esse: hence suffragatio, their interest, Liv. x. 13. Those who got one to be elected were said, ei præturam gratiâ campestri capere, Liv. vii. 1. or eum trahere ; thus Pervicit Appius, ut, dejecto Fabio, fratrem traheret, Liv. xxxix. 32. Those who hindered one from being elected, were said, a consulatu repellere, Cic. in Cat. i. 10.

4. THE MANNER OF PROPOSING A LAW, AND OF NAMING A DAY FOR ONE'S TRIAL.

WHEN a law was to be passed at the Comitia Centuriata, the magistrate who was to propose it (laturus v. rogaturus), having consulted with his friends and other prudent men, whether it was for the advantage of the republic, and agreeable to the customs of their ancestors, wrote it over at home; and then, having communicated it to the senate, by their authority (ex Senatus consulto) he promulgated it; that is, he pasted it up in public, (publicè v. in publico proponebat; promulgabat, quasi provulgabat, Festus,) for three market-days, that so the people might have an opportunity of reading and considering it, Cic. Verr. 5. 69. In the mean time he himself (legislator vel inventor legis, Liv. ii. 56.) and some eloquent friend, who was called AUCTOR legis, or SUASOR, every market-day read it over (recitabat), and recommended it to the people (suadebat), while others who disapproved it, spoke against it (dissuadebant). But in ancient times all these formalities were not observed: thus we find a law passed the day after it was proposed, Liv. iv. 24.

Sometimes the person who proposed the law, if he did it by the authority of the senate, and not according to his own opinion, spoke against it, Cic. Att. i. 14.

In the same manner, when one was to be tried for treason, (cùm dies perduellionis dicta est, cùm actio perduellionis intendebatur, Cic. vel cum aliquis capitis v.-te anquireretur, Liv.) it behoved the accusation to be published for the same space of time, (promulgatur rogatio de mea pernicie, Cic. pro Sext. 20.) and the day fixed when the trial was to be (prodita die, qua judicium futurum sit, Cic.). In the mean time the person accused (REUS) changed his dress, laid aside every kind of ornament, let his hair and beard grow (promittebat), and in this mean garb (sordidatus), went round and solicited the favour of the people (homines prensabat). His nearest relations and friends also did the same, Liv. passim. This kind of trial was generally capital, Liv. vi. 20., but not always so, Id. xliii. 16. Cic. pro. Dom. 32. See Lex Porcia.

TABERNACULUM

PRÆPETES OSCINES

PULLARIUS. 83

5. THE MANNER OF TAKING THE AUSPICES.

On the day of the comitia, he who was to preside at them (qui iis præfuturus erat), attended by one of the augurs (augure adhibito), pitched a tent (tabernaculum cepit) without the city to observe the omens (ad auspicia captanda, vel ad auspicandum).* These Cicero calls AUGUSTA CENTURIARUM AUSPICIA, pro Mil. 16. Hence the Campus Martius is said to be consularibus auspiciis consecratus, Cic. in Cat. iv. 1., and the comitia themselves were called AUSPICATA, Liv. xxvi. 2.

If the TABERNACULUM, which perhaps was the same with templum or arx, the place which they chose to make their observations (ad inaugurandum, Liv. i. 6, 7. 18.), had not been taken in due form (parum rectè captum esset), whatever was done at the comitia was reckoned of no effect (pro irrito habebatur), Liv. iv. 7. Hence the usual declaration of the augurs (augurum solennis pronunciatio); VITIO TABERNACULUM CAPTUM; VITIO MAGISTRATUS CREATOS vel VITIOSOS; VITIO LEGEM LATAM; VITIO DIEM DICTAM, Cic. & Liv. passim. And so scrupulous were the ancient Romans about this matter, that if the augurs, at any time afterwards, upon recollection, declared that there had been any informality in taking the auspices, (vitium obvenisse, Cic. in auspicio vitium fuisse, Liv.) the magistrates were obliged to resign their office, (utpote vitiosi v. vitio creati, as having been irregularly chosen,) even several months after they had entered upon it, Liv. ibid. Cic. de Nat. Deor. ii. 4.†

When there was nothing wrong in the auspices, the magistrates were said to be SALVIS AUSPICIIS creati, Cic. Phil. ii. 33.

When the consul asked the augur to attend him (in auspicium adhibebat), he said, Q. FABI, TE MIHI IN AUSPICIO ESSE VOLO. The augur replied, AUDIVI, Cic. Div. ii. 34.

There were two kinds of auspices which pertained to the Comitia Centuriata. The one was, observing the appearances of the heavens (servare de cœlo vel cœlum), as lightning, thunder, &c., which was chiefly attended to. The other was the inspection of birds. Those birds which gave omens by flight, were called PRÆPETES; by singing, OSCINES; hence the phrase, si avis occinuerit, Liv. vi. 41. x. 40. When the omens were favourable, the birds were said addiCERE Vel ADMITTERE; when unfavourable, ABDICERE, NON addicere, vel REFRAGARI.

Omens were also taken from the feeding of chickens. The person who kept them was called PULLARIUS. If they came too slowly out of the cage (ex cavea), or would not feed, it was a bad omen, Liv. vi. 41.; but if they fed greedily, so that something fell from the mouth, and struck the ground (terram paviret, i. e. feriret), it was hence called TRIPUDIUM SOLISTIMUM, (quasi terripavium vel

"The person who sought for auspices used to rise in the stillness of midnight, to determine in his mind the limits of the celestial temple, and then wait for presaging appearances."- Nieb. i. p. 188.

+ The senate, at the motion of the consul Philippus, A. U. 662, abrogated all the laws of Drusus by one decree, declaring that they had been carried contrary to the auspices, and that the people were not bound by them; which power, says Cicero, was frequently assumed by the senate. - Hooke's Rom. Hist. vol. iv. p. 150.

84

NUNTIATIO MORBUS COMITIALIS.

terripudium, Cic. Div. [i. 15.] ii. 34. Festus in Puls.) Liv. x. 40. Plin. x. 21. s. 24., and was reckoned an excellent omen (auspicium egregium vel optimum), ibid.

When the augur declared that the auspices were unexceptionable (omni vitio carere), that is, that there was nothing to hinder the comitia from being held, he said SILENTIUM ESSE VIDETUR, Cic. de Div. ii. 34.; but if not, he said ALIO DIE, Cic. de Legg. ii. 12., on which account the comitia could not be held that day. Thus, Papirio legem ferenti triste omen diem diffidit, i. e. Rem in diem posterum rejicere coëgit, Liv. ix. 38.

This declaration of the augur was called NUNTIATIO, or obnuntiatio. Hence Cicero says of the augurs, Nos NUNTIATIONEM SOLUM

HABEMUS; ET CONSULES ET RELIQUI MAGISTRATUS ETIAM SPEC

TIONEM, V. inspectionem, Cic. Phil. ii. 32.; but the contrary seems to be asserted by Festus (in voce SPECTIO), and commentators are not agreed how they should be reconciled. It is supposed that there should be a different reading in both passages, Vid. Abram. in Cic. & Scaliger. in Fest.

Any other magistrate, of equal or greater authority than he who presided, might likewise take the auspices; especially if he wished to hinder an election, or prevent a law from being passed. If such magistrate therefore declared, SE DE CŒLO SERVASSE, that he had heard thunder, or seen lightning, he was said OBNUNTIARE, (augur auguri, consul consuli obnuntiavisti, al. nuntiâsti, Cic. Phil. ii. 33.) which he did by saying ALIO DIE: whereupon by the Lex Ælia et Fusia, the comitia were broken off (dirimebantur), and deferred to another day. Hence obnuntiare concilio aut comitiis, to prevent, to adjourn; and this happened, even if he said that he had seen what he did not see (si auspicia ementitus esset), because he was thought to have bound the people by a religious obligation, which must be expiated by their calamity or his own, Cic. Phil. ii. 33. Hence, in the edict whereby the comitia were summoned, this formula was commonly used, NE QUIS MINOR MAGISTRATUS DE CŒLO SERVASSE VELIT: which prohibition Clodius, in his law against Cicero, extended to all the magistrates, Dio. xxxviii. 13.

The comitia were also stopped, if any person, while they were holding, was seized with the falling sickness or epilepsy, which was hence called MORBUS COMITIALIS; or if a tribune of the commons interceded by the solemn word VETO, Liv. vi. 35., or any magistrate of equal authority with him who presided interposed, by wasting the day in speaking, or by appointing holy days, &c. Cic. ad Fratr. ii. 6. and also if the standard was pulled down from the Janiculum, as in the trial of Rabirius, by Metellus the prætor, Dio. Xxxvii. 27.

The comitia were also broken off by a tempest arising; but so, that the election of those magistrates who were already created, was not rendered invalid (ut jam creati non vitiosi redderentur), Liv. xl. 59. Cic. de Div. ii. 18., unless when the comitia were for creating

censors.

WHEN there was no obstruction to the comitia, on the day appointed, the people met in the Campus Martius. The magistrate who was to preside, sitting in his curule chair on a tribunal (pro tribunali), Liv. xxxix. 32., used to utter a set form of prayer before he addressed the people, Liv. xxxix. 15., the augur repeating over the words before him (augure verba præeunte, Cic.). Then he made a speech to the people about what was to be done at the comitia.

If magistrates were to be chosen, the names of the candidates were read over. But anciently the people might choose whom they pleased, whether present or absent, although they had not declared themselves candidates, Liv. passim.

If a law was to be passed, it was recited by a herald, while a secretary dictated it to him (subjiciente scribá), and different persons were allowed to speak for and against it, Liv. xl. 21. A similar form was observed at trials, because application was made to the people about the punishment of any one, in the same manner as about a law. Hence irrogare pœnam, vel mulctam, to inflict or impose.

The usual beginning of all applications to the people (omnium rogationum), was VELITIS, JUBEATIS, QUIRITES, and thus the people were said to be consulted, or asked (consuli vel rogari), and the consuls to consult or ask them, Cic. & Liv. passim. Hence jubere legem vel rogationem, also DECERNERE, to pass it, Sall. Jug. 40.; vetare, to reject it; rogare magistratus, to create or elect, Sall. Jug. 29. Rogare quæsitores, to appoint judges or inquisitors, Ib. 40. So jussa et vetita populi in jubendis v. sciscendis legibus, Cic. de Legg. ii. 4. Quibus, sc. Silano et Murenæ, consulatus, me rogante, i. e. præsidente, datus est, Id. pro Mur. 1. Then the magistrate said, SI VOBIS VIdetur, DISCEDITE, QUIRITES; or ITE IN SUFFRAGIUM, BENE JUVANTIBUS Diis, et quæ PATRES CENSUERUNT, VOS JUBETE, Liv. xxxi. 7. Whereupon the people, who as usual, stood promiscuously, separated every one to his own tribe and century, Ascon. in Cic. pro Corn. Balbo. Hence the magistrate was said mittere populum in suffragium; and the people inire vel ire in suffragium, Cic. & Liv. passim.

Anciently the centuries were called to give their votes according to the institution of Servius Tullius; first the Equites, and then the centuries of the first class, &c.; but afterwards it was determined by lot (SORTITIO fiebat) in what order they should vote. When this was first done is uncertain. The names of the centuries were thrown into a box (in sitellam; sitella defertur, Cic. N. D. i. 38. Sitella allata est, ut sortirentur, Liv. xxv. 3.), and then the box being shaken, so that the lots might lie equally (sortibus æquatis), the century which came out first gave its vote first, and hence was called PRÆROGATIVA, Liv. v. 18. Those centuries which followed next, were called PRIMO VOCATE, Liv. v. 15. 22. The rest JURE VOCATE, Liv. xxvii. 6. But all the centuries are usually called jure vocata, except the prærogativa. Its vote was held of the greatest importance, (ut nemo unquam prior eam tulerit, quin renunciatus sit, Cic. pro Planc. 20. Div. ii. 40. Mur. 18. Liv. xxvi. 22.) PRÆROGATIVA is put for a sign or pledge, a favourable omen or intimation of any thing future; Supplicatio est prærogativa triumphi,

Hence