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
Concilium is comparatively rare in Cicero’s works. In a few cases
he seems to make concilia include all kinds of organized national
gatherings; cf. _Rep._ vi. 13 (3). 13: “Nihil est enim illi principi
deo ... acceptius quam concilia coetusque hominum iure sociati, quae
civitates appellantur (Nothing is more agreeable to the Supreme Being
than assemblies and gatherings of men which are joined in societies by
law and which are called states”); _Fin._ iii. 19. 63: “Natura sumus
apti ad coetus, concilia, civitates.” In the first citation concilium
must, and in the second it may, include all the citizens. Cicero could
hardly mean that we are by nature adapted to assemblies of a part of
the people, or that nothing could be more satisfactory to the Supreme
Being than the concilium plebis which interdicted him from fire and
water. In _Fin._ ii. 24. 77 (“To me those sentiments seem genuine which
are honorable, praiseworthy, and creditable, which may be expressed in
the senate, before the people, and in every gathering and concilium”)
he could not be thinking simply of the plebeian assembly, for he placed
far greater value on the opinions expressed in and by the comitia
centuriata.[739]
From all that has been said it is evident that Cicero’s usage as well as
Sallust’s does not differ from that of Livy. In fact no variation can
be found in all the extant literature of the republic.[740] But it may
be asked whether there was not a juristic tradition separate from the
literary and preserving from early time the true distinction between the
two words under discussion. A negative answer is compelled by the fact
that history had its origin with jurisprudence in the pontifical college,
that from the beginning historian and jurist were often united in the
same person.[741] Hence the juristic usage was the same as the literary.
It is thoroughly established, therefore, that in the late republic,
as well as in the early empire, the distinction between comitia and
concilium was not a distinction between the whole and a part; in fact,
it becomes doubtful whether the definition of Laelius was known to the
writers of this period.
The results thus far reached are of great importance; the definition of
comitia and concilium formulated by Laelius has been set aside, and the
ground prepared for the establishment of new definitions by induction.
From the material afforded by the authors under discussion, the following
conclusions relative to the general uses of the two words may be drawn:
I. (_a_) The phrases comitia curiata, comitia centuriata, comitia tributa
constantly occur; whereas (_b_) the phrases concilium curiatum (or -tim),
concilium centuriatum (or -tim), concilium tributum (or -tim) cannot be
found.
(_a_) The former is too well known to need illustration; (_b_) the latter
may be sufficiently established by an examination of the references for
concilium given in this chapter.
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