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The comitia curiata

The comitia curiata continued to operate during the republican period, although its significance as a constitutional organ was greatly diminished. The main function of this assembly during the Republic was the granting of imperium - and the associated right of taking the auspices (auspicia) - to the higher magistrates of the state (magistratus cum imperium), i.e.

the consuls and the praetors, following their election by the assembly of the centuries. Moreover, the curiate assembly bestowed imperium on the dictator after his nomination by the consuls. The conferment of imperium to these magistrates was done by a special law, the lex curiata de imperio, which was proposed to the curiate assembly by the magistrate upon whom the power of imperium was to be bestowed.[330] [331]

In addition to conferring imperium on the higher magistrates, the curiate assembly continued to meet, under the supervision of the pontifex maximus, to witness and confirm certain ceremonial acts of private law, such as the testamentum calatis comitiis (public testament) and the adrogatio or adoptio per populum (the solemn adoption of a person not subject to paternal control). When it was summoned to perform these functions the curiate assembly was referred to as comitia calata)31 Irrespective of the purpose for which the comitia calata were summoned, the people appear to have had no active role in the proceedings. Their only role was to witness a formal procedure as mere observers. As the comitia calata lacked essential characteristics of the ordinary comitia, especially the participation of the people, through their vote, in a decision-making process, this assembly resembled a contio. The latter term referred to an informal, non-voting, gathering of citizens in which the magistrates informed the people of important events or forthcoming laws, elections or trials.

Although the curiate assembly continued to operate down to the early imperial period, by the close of the Republic its functions had become so purely formal that its meetings were no longer attended by the citizens but only by thirty lictors (lictores curtail), each representing one curial

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

More on the topic The comitia curiata:

  1. The assembly of the people {comitia curiata)
  2. The criminal jurisdiction of the comitia: iudicia populi
  3. The comitia tributa
  4. The comitia centuriata
  5. Early Forms of Will
  6. The Assemblies of the People
  7. The institution of the provocatio ad populum
  8. Legislation
  9. Popular assemblies
  10. Introductory
  11. Times and places in which justice was administered