(3) COMITIA TRIBUTA. These assemblies likewise were called into
existence by the constitution of Servius Tullius, who divided the
Roman territory into thirty local tribes. It is a disputed question
whether the patricians were originally included in these tribes; but,
whether they were or not, it is certain, that by far the majority
of the people in the tribes were plebeians, and that, consequently,
the character of these assemblies was essentially plebeian. After
the decemvirate, the patricians had certainly the right of voting in
the assemblies of the tribes, which were then also convened by the
higher magistrates. The assemblies of the tribes had originally only
a local power; they were intended to collect the tributum, and to
furnish the contingents for the army; they may further have discussed
the internal affairs of each tribe, such as the making or keeping
up of roads, wells, and the like. But their influence gradually
increased, and they at length acquired the following powers:--1.
_The election of the inferior magistrates_, whose office it was to
protect the commonalty or to superintend the affairs of the tribes.
Hence the tribunes of the plebs were elected in the comitia tributa.
In like manner, the aediles were elected by them, though the curule
aediles were elected at a different time from the plebeian aediles
and under the presidency of a consul. At a still later time, the
quaestors and tribunes of the soldiers, who had before been appointed
by the consuls, were appointed in the assemblies of the tribes. The
proconsuls to be sent into the provinces, and the prolongation of
the imperium for a magistrate who was already in a province, were
likewise points which were determined by the tribes in later times.
The inferior magistrates elected by the tribes are:--the triumviri
capitales, triumviri monetales, the curatores viarum, decemviri
litibus judicandis, tribuni aerarii, magistri vicorum et pagorum,
praefecti annonae, duumviri navales, quinqueviri muris turribusque
reficiendis, triumviri coloniae deducendae, triumviri, quatuorviri,
&c., mensarii, and lastly, after the Domitian law, B.C. 104, also the
members of colleges of priests. The pontifex maximus had been elected
by the people from an earlier time. 2. _The legislative power_ of
the comitia tributa was at first very insignificant, for all they
could do was to make regulations concerning the local affairs of
the tribes. But after a time, when the tribes began to be the real
representatives of the people, matters affecting the whole people
also were brought before them by the tribunes, which, framed as
resolutions, were laid before the senate, where they might either
be sanctioned or rejected. This practice of the tributa comitia
gradually acquired for them the right of taking the initiative in
any measure, or the right of originating measures, until, in B.C.
449, this right was recognised and sanctioned by a law of L. Valerius
Publicola and M. Horatius Barbatus.
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