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 same consideration makes concilium the more general term within
the political sphere; the assembly it designates may be organized or
unorganized, whereas comitia applies only to assemblies organized in
voting divisions. This is the third general use.[751]
For explaining the four remaining uses it is necessary to inquire
into the fundamental meaning of concilium. Although the etymology is
uncertain, probability favors the ancient conjecture which derives
it from “con-calare.”[752] People could only be called together for
a purpose, which would most naturally be conversation, discussion,
deliberation. Whatever may have been its origin, concilium certainly
developed this meaning.[753] In the manuscripts and editions it is
frequently interchanged with consilium,[754] and in the sources these
two words are often placed in punning juxtaposition.[755] Possibly their
close resemblance, founded on no etymological connection of the roots,
helped create in concilium the idea of deliberation. At all events in the
prose authors of the period under discussion this is the primary meaning.
The deliberative character of most non-political concilia is very
evident.[756] With this meaning the word could not designate an electoral
assembly, which did not allow discussion;[757] it was restricted to
legislative and judicial assemblies, in which the voting was preceded by
deliberation. This is the fourth use.[758]
Rarely did a Roman writer have occasion to mention an election in a
foreign state. Whenever he did so, however, he always used comitia. Most
of the business of foreign assemblies referred to by Roman writers was
concerned with international affairs—was legislative—and hence foreign
assemblies are usually termed concilia.[759] This consideration accounts
for the fifth general use.[760]
The sixth[761] may be easily explained. The tendency was to restrict
comitia to electoral assemblies, just as concilium was restricted to
legislative and judicial assemblies, though this tendency never became a
rule.
The seventh[762] may be accounted for by the fact that after the
passing of the Hortensian Law, the centuriate comitia came to be almost
wholly electoral, while the plebeian tribal gathering became the chief
statute-making body in the state. Furthermore the assembly over which
the tribunes presided was far more deliberative than any other. Hence
the centuriate assembly became _the_ comitia, and the plebeian tribal
assembly _the_ concilium.[763]
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