The comitia tributa

We saw in chapter 2 that before the close of the regal era the original division of the Roman people into three tribes (Titles, Ramnes, Luceres) was supplanted by the creation of four new territorial tribes (tribus), corresponding to the four regions into which the city of Rome had been divided.

To these four urban tribes (tribus urbanae) were later added a number of rural tribes (tribus rusticae). The first rural tribes, sixteen in all, were formed in 495 BC covering the countryside around the city. From the end of the fifth century, as the territory of Rome expanded with the annexation of neighbouring regions, the number of rural tribes was gradually increased to reach a total of thirty one in 241 BC. No further tribes appear to have been added after this year. Roman colonists in newly conquered territories and foreigners granted Roman citizenship were assigned to one or other of the existing tribes. The poorer citizens as well as freedmen (libertini) and newly admitted citizens were included in the four urban tribes.^{^[348]} The tribes served as the basic administrative units for the registration of the citizens and their property, as required for collecting property taxes, raising military levies and other purposes. The citizens were assigned to the different tribes by the censors during the taking of the census and their allocation was recorded in the tabulae censoriae (libri censorii), the registers drawn up by the censors during the registration of the citizens. In the early years of the Republic the population of the four urban tribes was more or less proportionate to that of the rural ones. But in later years, as the population of Rome rose as a result of the decline of the free peasantry, those included in the urban tribes came to outnumber by far those enrolled in the rural tribes. As membership in a rural tribe implied wealth and the ownership of landed property, most of the citizens enrolled in these tribes enjoyed a relatively high social status.

The social significance of being a member of a rural tribe is manifested by the fact that a citizen's transference from a rural to an urban tribe (tribu moveri) was regarded as a form of social downgrading. In the later Republic membership in a tribe became largely hereditary and was no longer determined on the basis of a person's place of residence.

Shortly after the new tribal system was introduced the tribes began to hold informal meetings for the discussion of matters of local or general interest. These meetings began to assume the standing of regular comitia in the early fifth century BC. According to Dionysius, the first meeting of the comitia tributa as a popular assembly was held in 491 BC, when the tribes were summoned to consider the charges against Cn. Marcius Coriolanus, a

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The Constitution of the Roman Republic 111 noble accused of siding with Rome's enemies in time of war.^{^[349]}[350][351] This appears to have been an exceptional case, however, as the comitia tributa did not begin to operate as a formal assembly, open to all Roman citizens, before the middle of the fifth century BC. From that time the assembly of the tribes was convened mainly for the election of lower state officials, the enactment of laws and the hearing of certain criminal cases. The tribal assembly was originally referred to as comitia populi tributa, probably in contradistinction to the meetings of the plebeians {concilia plebis tributa), which were also organised on a tribal basis. The assembly of the tribes was probably formed as a response to the need for establishing a more flexible political body to deal with matters which fell outside the province of the assembly of the centuries.

The assembly of the tribes was convened by the highest magistrates of the state, i.e. the consuls and the praetors.

Of the political functions assigned to this assembly the most important was the election of the lower magistrates {magistratus minores, magistratus sine imperio), i.e. the aediles and the quaestors. Other minor officials, such as the tresviri monetales,'⁵⁵ the tresviri capitales'⁵¹ and the curatores,^{^[352]} were also elected by the comitia tributa.'^{^[353]} During the later Republic the tribal assembly also elected the tribunes (these were originally chosen by the assembly of the plebeians). Moreover, under the lex Domitia of 104 or 103 BC the comitia tributa were entrusted with the election of the pontiffs and augurs.^{^[354]}Within the province of the comitia tributa fell also the voting on legislative proposals submitted to them by higher magistrates. In general, the laws enacted by the assembly of the tribes were less important politically than those enacted by the assembly of the centuries. But as the procedure in the tribal assembly was relatively less complex the senate, in circumstances of emergency, or for reasons of expediency, often asked magistrates to submit

bills to the comitia tributa, instead of the comitia centuriata. As more and more laws were enacted by the tribal assembly, by the end of the fourth century BC this assembly appears to have superseded the comitia centuriata as Rome's main legislative assembly. Finally, the comitia tributa, acting as a popular court of justice, heard appeals against pecuniary penalties {multae) and other sentences imposed by magistrates {provocatio ad populum)^w

The comitia tributa usually met in the lower Forum, within the city walls {pomerium). The citizens were given notice of a forthcoming meeting of the tribes by means of a public proclamation {edictum) posted in the Forum, and lower officials {viatores) were sent around to notify the citizens of the meeting.

At the same time the nature of the business for which the meeting was to be held was made known.^{^[355]}[356] Proceedings usually began with an announcement by the presiding magistrate of the object of the meeting. If that was the introduction of new legislation, the proposed law was read over by a clerk {scriba, praeco). In the case of an election, the president announced the names of the candidates. The names of those wishing to address the assembly were then made known (with the exception of the tribunes, no one could speak without permission from the presiding magistrate). After the conclusion of the speeches, the president called upon the people to separate and prepare for voting. Then lots were drawn to determine the tribe that was to cast its vote first {tribus praerogativa). As was noted before, voting in the tribal assembly was done by tribes, the vote of each tribe being determined by the majority of its members. The matter at issue was finally decided by the majority of the tribes. But as the rural tribes, to which most of the well-to-do farmers and large landowners belonged, outnumbered the urban ones (notwithstanding the fact that the latter contained far more citizens), it was the wealthier citizens who exercised the most influence in the tribal assembly.

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

The comitia tributa

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