COMITIA TRIBUTA 137. The comitia tributa, or the tribal assembly, was an assembly of the Roman people, patricians and plebeians, by tribes. A magistrate always presided over its deliberations. The voting was by tribes; the individual votes in each tribe determined the vote of the tribe and the vote of the majority of the tribes determined the decision of the assembly. It was established about the middle of the fifth century B.C. The number of tribes at that time was probably twenty-one, but it was subsequently increased to thirtyfive, which continued to the end of the republic to be the normal number. 138. Powers of the Comitia Tributa. During the last two centuries of the republic the comitia tributa became an important legislative assembly. A consul or praetor usually presided over its deliberations. This assembly also elected curule aediles, quaestors, and the regular twentyfour military tribunes, and sometimes tried cases of minor importance submitted to it by the curule aedile. CONCILIUM PLEBIS 139. The concilium plebis, a purely plebeian assembly, was organized in 494 B.C. for the special purpose of electing the tribunes and the plebeian aediles. It was probably a curiate assembly at first, but was reorganized on a tribal basis in 471 B.C. A tribune or plebeian aedile always presided over its deliberations. It elected all tribunes and plebeian aediles. At first its legislative functions were quite limited, but in the third century B.C. it became an independent legislative assembly, competent to legislate on almost all subjects, except the declaration of war. After that date its action did not require the sanction of the senate. The Gabinian and Manilian laws, which invested Pompey with such remarkable powers, were enacted by it. The judicial functions of this assembly were never important, but under the direction of the tribunes it sometimes tried magistrates for certain minor offenses. NOTE. The two tribal assemblies seem not to have been restricted to any fixed places of meeting, but for the election of magistrates they probably met in the Campus Martius and for legislation in the Forum.1 140. Contiones.-The Roman constitution recognized two distinct classes of popular assemblies: the comitia and the concilium plebis for legislation and election, and contiones for deliberation and discussion. The latter took no action whatever, but were simply preparatory to the former. Accordingly, before each session of an assembly for legislation or election, a contio was usually held to enable the people to learn the merits of the question, upon which they would soon be called upon to vote in the centuriate or tribal assembly. COURTS OF JUSTICE 141. Judicial Functions of Magistrates. We have already seen that originally the higher magistrates all had certain judicial functions, most of which were finally transferred to the permanent courts. 142. Early Judicial System. The judicial system of the Romans before the establishment of the regular courts was substantially as follows: I. Suits between citizens were under the jurisdiction of the praetor urbanus. In suits of minor importance he 1 See plan of Rome, facing p. 72. sometimes gave judgment in person, and sometimes he referred the decision to a single iudex, judge or juror, selected from the senate. In suits involving the interests of foreigners the procedure, under the direction of the praetor peregrinus, was the same. 2. In cases of great importance, civil or criminal, the decision was referred to a special commission, consisting of a large body of iudices, created by a special law. The number of iudices varied from time to time; see 144. 3. Any citizen convicted of a capital crime was allowed to appeal to the comitia centuriata, whose decision was final. 143. Quaestiones Perpetuae. The earliest permanent court was established by the lex Calpurnia, 149 B.C., to try provincial governors accused of extortion. It was called quaestio perpetua de repetundis. A praetor presided, and the iudices were senators. 144. Judicial System under Sulla. — In the year 81 B.C. Sulla introduced a new judicial system, consisting of eight distinct courts, each to take cognizance of some particular class of crimes. They were designated as follows: quaestio perpetua de repetundis (extortion), de maiestate (treason), de vi (assault), de sicariis (murder), de ambitu (bribery), de falsis (fraud), de peculatu (embezzlement), de adulteriis (adultery). In these courts, as organized by Sulla, the iudices were all to be taken from the senate, but subsequently the Aurelian law, enacted in 70 B.C., provided that one third of the iudices should be senators, one third knights, and one third tribuni aerarii.1 In these courts 1 The history of the tribuni aerarii is somewhat obscure. It seems probable, however, that they were originally financial officers of the local tribes, and that in wealth they ranked directly below the knights. The Aurelian law seems to recognize them as forming a distinct order in the aristocracy of wealth. the number of iudices, always large, varied from time to time, and in different suits. In the trial of Milo the number was fifty-one and in that of Piso, seventy-five. PLACES OF SPECIAL INTEREST TO THE STUDENT OF CICERO1 145. The Forum, Comitium, Curia, the Temples of Concord and of Jupiter Stator, the Tullianum, and the basilicas are somewhat closely connected with the public life of Cicero. 146. Forum. The Roman Forum was originally a low open valley between the Palatine, Capitoline, and Quirinal Hills. It early became a market-place, with booths and stalls on its northern and southern sides. It was a little more than five hundred feet in length and about one hundred and fifty in width. In the course of centuries the rude stalls of the regal period, the tabernae veteres, gave place to better structures, and on the north side appeared the tabernae argentariae, occupied largely by goldsmiths and other skilled artisans, and finally temples and other stately edifices were erected in its immediate vicinity. At the close of the regal period it had already become an important place of business. The Capitolium, the famous temple of Jupiter Optimus Maximus or Jupiter Capitolinus, the national sanctuary of the ancient Romans, crowned one of the neighboring heights of the Capitoline Hill. The cella consisted of three parts, of which the central was dedicated to Jupiter, the left to Juno, and the right to Minerva. The temple of Jupiter Stator probably occupied a declivity of the Palatine at a short distance to the east of the Forum. 1See the plan of Rome and the illustrations of the Forum and its surroundings, facing pp. 72 and 81. During the early periods of the republic several other important temples were erected in the neighborhood, notably the temple of Saturn, of Concord, and of Castor and Pollux. The Temple of Saturn was not only a place of worship, but also the aerarium, or the state treasury of Rome. It was erected in the year 497 B.C., and was twice recon structed; once under Augustus, and once at an unknown date under one of the later emperors. The eight Ionic columns of imperfect workmanship still standing belong, doubtless, to this last restoration. For a reconstruction of this temple, see plate facing p. 81. In the time of Cicero the tribal assemblies usually met in the Forum, and the regular courts held their |