We shall examine in order the nature, power, and business of each of
these different comitia. (1) COMITIA CURIATA consisted of the members
of the thirty curiae, that is, the patricians, who formed exclusively
the populus in the early times. They were convened, in the kingly
period, by the king himself, or by his tribunus celerum, and in the
king’s absence by the praefectus urbi. After the death of a king the
comitia were held by the interrex. In the republican period, the
president was always one of the high patrician magistrates, viz. a
consul, praetor, or dictator. They were called together by lictors
or heralds. The votes were given by curiae, each curia having one
collective vote; but within a curia each citizen belonging to it
had an independent vote, and the majority of the members of a curia
determined the vote of the whole curia. The meeting was always held
in the comitium. The comitia curiata did not possess much power in
the kingly period. They could only be called together when the king
(or his representative) chose, and could only determine upon matters
which the king submitted to them. The main points upon which the
populus had to decide were the election of the king, the passing of
laws, declarations of war, the capital punishment of Roman citizens,
and, lastly, certain affairs of the curiae and gentes. The priestly
officers, such as the Curiones, Flamines Curiales, were likewise
either elected by the curiae, or at least inaugurated by them. The
right of finally deciding upon the life of Roman citizens (_judicia
de capite civis Romani_) is said to have been given to the populus
by king Tullus Hostilius. It must further be remarked, that when the
king had been elected, the populus held a second meeting, in which he
was formally inducted into his new office. This formality was called
_lex curiata de imperio_, whereby the king received his _imperium_,
together with the right of holding the comitia. Down to the time of
Servius Tullius, the comitia curiata were the only popular assemblies
of Rome, and remained of course in the undiminished possession of the
rights above described; but the constitution of that king brought
about a great change, by transferring the principal rights which
had hitherto been enjoyed by the curiae to a new national assembly
or the comitia centuriata. But while the patricians were obliged to
share their rights with the plebeians, they reserved for themselves
the very important right of sanctioning or rejecting any measure
which had been passed by the centuries. The sanction of decrees
passed by the centuries is often expressed by _patres auctores
fiunt_, and down to the time of the Publilian law no decree of the
centuries could become law without this sanction. By the Publilian
law (B.C. 339) it was enacted that the curiae should give their
assent before the vote of the comitia centuriata; so that the veto
of the curiae was thus virtually abolished. The comitia curiata thus
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