Notes on the current edition
On the Agrarian Law
1.
The
comitia curiata, at which alone a
lex curiata could he passed, was a meeting of the
populus of
, assembled in its tribes of houses; and no member of the
plebs could vote at such a meeting. They met principally for the sake of confirming some ordinance of the senate; a
senatus consultum was an indispensable preliminary, and with regard to elections and laws, they had merely the power of confirming or rejecting what the senate had already decreed. The
lex curiata (
de imperio),which was the same as the
auctoritas patrum, was necessary in order to confer upon the dictator, the consuls, and the other magistrates the
imperium or military command. The
comitia curiata were held by the patrician magistrates, and they voted by their curies.
The
comitia centuriata were the assembly of the
populus and
plebs together, and they voted by their centuries by ballot.
The
comitia tributa were not established till B. C.
491. They were an assembly of the people according to the local tribes into which the
Plebs was originally divided. No qualification of birth or property was necessary to enable a them to vote in the
comitia tributa. They were summoned by the
tribuni plebis, who were also the presiding magistrates in general; but the consuls or praetors might preside if they were convoked for the election of inferior magistrates, such as the quaestor, propraetor, or proconsul. Smith, Dict. Ant. p. 274, v.
Comitia, q. v.
2.
This and the preceding chapter are exceedingly obscure, and almost unintelligible to us; perhaps also the text is a little corrupt. Manutius says, “An exceedingly difficult passage, which has perplexed men of the greatest ability and learning.” His explanation is as follows: “The ancient Romans had chosen that the people should decide on the election of every magistrate in two
comitia; but the magistracies are distinguished into patrician and plebeian; the patrician magistrates are the quaestor, the curule aedile, the praetor, the consul, and the censor; the plebeian are the tribune of the people, the aedile of the people, and others. But there were two
comitia first about the patrician magistrates before the plebeian ones were elected, namely the
centuriata comitia, and the
curiata. I except the censors, who, although they were patrician magistrates, still were elected by one
comitia only, the
centuriata. But when the plebeian magistrates were elected, then the
tributa comitia succeeded to the place of the
curiata, for the
curiata had nothing to do with the plebeian magistrates. For they were instituted for the sake of the patrician magistrates long before the origin of the plebeian ones. Some one may say, Why were not the
centuriata taken away for the same reason, as they were instituted by king Servius when there were not yet any plebeian magistrates? The answer is, In order that there might be some
comitia held with proper auspices at which the patrician magistrates might be created, for the auspices were not taken at the
tributa comitia. As, therefore, in the case of the patrician magistrates, (with the exception, as I have said before, of the censor,) the people gave their votes first in the
centuriata comitia and then in the
curiata, before the plebeian magistrates were elected; so, when the plebeian magistrates were elected, the same people voted in the
centuriata and
tributa comitia.”