The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
The general rule that the auspices should be taken for an act on the very
spot on which the magistrate intended to perform the act applied to the
comitial auspices. For meetings on the Capitoline Hill they probably used
the temple of Jupiter, dedicated for all time;[643] for assemblies in the
comitium the rostra, also a templum;[644] and for the comitia centuriata
the president’s platform in the Campus Martius.[645] Not only patrician
magistrates but also tribunes of the plebs occupied templa in transacting
business with the people.[646]
Between midnight and morning[647] on the day of assembly the magistrate
repaired to the templum.[648] There, placing himself on a solid[649] seat
at the door, usually facing eastward, he watched the heavens (spectio).
Meanwhile he first asked the attendant, who always sat near,[650]
whether there was silence.[651] If the answer was affirmative, he
prayed Jupiter for a sign, which he described in a formula termed legum
dictio,[652] whereupon the attendant declared he saw it.[653] In case
of non-appearance of the sign or of a disturbance of the observation,
the auspication was deferred to another morning.[654] Before the time
of Cicero, however, the ceremony had been so reduced to a pretence as
practically to eliminate the possibility of failure.[655]
Both curiate[656] and centuriate[657] assemblies were auspicated.
Although for the tribal assemblies the question is more difficult, it
seems reasonably certain that whereas a patrician magistrate took the
auspices for the comitia tributa,[658] plebeian magistrates (tribunes and
aediles of the plebs) did not.[659]
As to whether contiones were auspicated we are not clearly informed. The
question concerns those only which were held by patrician magistrates.
The auspication of comitia necessarily extended to the contio immediately
preceding.[660] It is known, too, that the censors auspicated the
lustral gathering of the centuries,[661] hence we may infer that
magistrates and sacerdotes were accustomed to take auspices for formal
religious assemblies.[662] With these exceptions contiones were doubtless
held without auspices by patrician as well as by plebeian magistrates.
III. _Auspicia Publica Oblativa_
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