Introductory

The earliest popular assembly in Rome was the curiate assembly {comitia curiatd), whose origin lay in the period of the kings. As we saw in chapter 2, this assembly was based on the division of the Roman people into thirty curiae, or brotherhoods of men, whose members were believed to be bound together by ties of blood.

The curiate assembly was superseded by the new political bodies that emerged as a result of the military and political reforms of the late sixth and early fifth centuries BC. These were the assembly of the centuries {comitia centuriata) and the assembly of the tribes {comitia populi tributa), both comprising the entire citizen body. The comitia centuriata, Rome's main legislative assembly, consisted of the citizens organised, on a property basis, into classes and centuries {centuriac. groups of a hundred citizens). In the comitia tributa the people were divided into tribes {tribus) according to their place of residence. Another type of assembly was the concilium plebis, the assembly of the plebeians.

The Roman assemblies could not meet to discharge their functions unless formally summoned by one of the higher magistrates (the right of magistrates to call the people together was referred to as ius agendi cum populo). The comitia centuriata and the comitia tributa were summoned by a written proclamation {edictum) which was issued by the magistrate usually twenty-four days before the day on which the assembly was to meet.^{^[320]} When a magistrate submitted a proposal to an assembly he was

ch 7; T. R. S. Broughton, Magistrates of the Roman Republic, New York 19512; W. Kunkel/M. Schermaier, Römische Rechtsgeschichte, Cologne 2001, 19 ff; J. Bieicken, Das Volkstribunat der Klassischen Republik, Munich 1968; J.

Μ. Rainer, Einführung in das römische Staatsrecht, Darmstadt 1997, 41 ff; Μ. Kaser, Römische Rechtsgeschichte, Göttingen 1976, 38 ff, 40 ff; A. Magdelain, Recherches sur T imperium. La loi curiate et les auspices d' investiture, Paris 1968; A. Burdese, Manuale di diritto pubblico romano, 3rd edn, Turin 1987, repr. 1994, 55 ff; F. de Martino, Storia della costituzione romana, 2nd edn, Naples 1972-5; F. Μ. D’ Ippolito, Aspetti di storia costituzionale romana, Naples 2001, 60 ff; Μ. Talamanca (ed.), Lineamenti di storia del diritto romano, Milan 1989, 127 ff; G. Crifò, Lezioni di storia del diritto romano, 3rd edn, Bologna 2000, 79 ff; A. Guarino, Storia del diritto romano, Naples 1996, 222 ff.

¹²⁶This period was called trinundinum as it covered three consecutive market days {nundinae'. the period of time, i.e. eight days, between two consecutive markets). The relevant practice was confirmed by the lex Caecilia Didia of 98 said to 'consult' or 'ask' the people. Thus, the word rogare (to ask, to request) was often used in conjunction with the object upon which the people were invited to vote, as in the phrases rogare (populum) legem (to propose a law), rogare (populum) magistratus (to propose magistrates), rogare (populum) consules (to propose consuls), irrogare (populum) poenam (to ask the people to impose a penalty), etc. By the same token, the word rogatio (question) was used to denote a legislative proposal or bill submitted to an assembly. A rogatio, after its passing (lata est) in the assembly, became a law (/ex).^*[321] What are today known as 'private members bills' were not permitted, as the magistrate alone could decide what motions should be put to the vote.^{^[322]}style='font-size:9.5pt;font-family:"Times New Roman",serif; color:black'>[323] Moreover, the people could only accept or reject the proposal put before them by the magistrate, without prior debate or the possibility for amendment. Before a proposal was submitted to the people it was usually discussed in the senate, whose approval was often regarded as vital, and in informal gatherings of citizens (condones).™

In all Roman assemblies voting was done by units or groups rather than by individuals.

For example, in the assembly of the centuries (comitia centuriata) decisions were reached by considering the number of centuries that voted for or against a proposal, the vote of each century being determined by the majority of the individual voters it comprised. Similarly, in the comitia curiata and the comitia tributa questions were decided by the majority of the curiae and tribus respectively. During the early Republic voting was done orally. The method of voting by ballot (per tabellas) was introduced in the later Republic by a series of laws referred to as leges tabellariae.¹³° The lex Gabinia, enacted in 139 BC, introduced the secret ballot in elections of magistrates. This was followed by the lex Cassia in 137 BC which provided that the secret ballot should be used in all cases heard before the assemblies when these acted as courts of justice (indicia populi), except in those involving treason (perduellio). In 131 BC the lex Papiria introduced the use of the ballot in voting on legislative matters. Finally, the lex Caelia of 107 BC extended the use of the ballot to trials for treason, thus removing the exception provided for by the lex Cassia. The number of citizens needed to be present for holding a lawful meeting was not fixed by law. It appears, however, that if the number of the citizens in attendance was very low the presiding magistrate could postpone the meeting.

When an assembly was convoked to decide on a legislative proposal each voter-member was given two wooden tablets (tabellae). The tablet representing a positive vote was inscribed with the letter V, which stood for the phrase uti rogas ('as you propose', 'as you ask');^{^[324]}[325] the other tablet bore the letter A, which stood for the word antique ('I maintain things as they are'), and indicated a vote against the proposed measure.^{^[326]} In judicial assemblies (indicia populi) the tablet with the letter L (libero·.

'1 absolve') was used to indicate a vote for acquittal; the tablet with the letter D (damno: '1 condemn') expressed a vote for condemnation. It is not clear how the voting was conducted in elections of magistrates. It seems likely that each voter wrote on a blank tablet the initials of the name of his preferred candidate.^{^[327]}[328] The votes were cast into the balloting urn (sitella) and were collected and counted by tellers, called rogatores or diribitores.^ After the vote of each unit (centuria, tribus') became known it was reported to the presiding magistrate who made a formal announcement. When the votes of all the centuries or tribus had thus been reported and counted the magistrate notified the final result to the assembly. In the case of an inconclusive vote, or if the election procedure was interrupted for some reason, the assembly was convened again and again until a decision was finally reached.^{^[329]} After the conclusion of the proceedings and the announcement of the final result the presiding magistrate declared the meeting closed and asked the citizens to disperse.

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

Introductory

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