This law gave to the decrees
passed by the tribes the power of a real _lex_, binding upon the
whole people, provided they obtained the sanction of the senate and
the populus, that is, the people assembled in the comitia curiata or
in the comitia centuriata. In B.C. 339, the Publilian law enacted
_ut plebiscita omnes Quirites tenerent_. This law was either a
re-enactment of the one passed in B.C. 449, or contained a more
detailed specification of the cases in which plebiscita should be
binding upon the whole nation, or, lastly, it made their validity
independent of the sanction of other comitia, so that nothing would
be required except the assent of the senate. In B.C. 287, the
Hortensian law was passed, which seems to have been only a revival
and a confirmation of the two preceding laws, for it was framed in
almost the same terms; but it may also be, that the Hortensian law
made the plebiscita independent of the sanction of the senate, so
that henceforth the comitia tributa were quite independent in their
legislative character. 3. _The judicial power_ of the comitia tributa
was much more limited than that of the comitia centuriata, inasmuch
as they could take cognizance only of offences against the majesty of
the people, while all crimes committed against the state were brought
before the centuries. Even patricians, when they had offended against
the commonalty or its members, were tried and fined by the tribes.
This again constitutes a difference between the judicial power of
the centuries and that of the tribes, for the former could inflict
capital punishment, but the latter only fines. The comitia tributa
might assemble either within or without the city, but not farther
from it than 1000 paces, because the power of the tribunes did not
extend farther. For elections the Campus Martius was usually chosen,
but sometimes also the forum, the Capitol, or the Circus Flaminius.
The presidents were commonly the tribunes, who were supported by the
aediles, and no matter could be brought before the tribes without
the knowledge and consent of the tribunes. As the comitia tributa,
however, more and more assumed the character of national assemblies,
the higher magistrates also sometimes acted as presidents, though
perhaps not without previously obtaining the permission of the
tribunes. The preparations for the comitia tributa were less formal
and solemn than for those of the centuries. In the case of elections,
the candidates had to give in their names, and the president
communicated them to the people. When a legislative measure was to
be brought before the assembly, a tribune made the people acquainted
with it in _contiones_, and that on the three preceding nundines. The
same was the case when the people were to meet as a court of justice.
The auspicia were not consulted for the comitia of the tribes, but
the _spectio_ alone was sufficient, and the tribunes had the right
of _obnuntiatio_. In the comitia the tribune who had been chosen to
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