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
As the contio did not, like the comitia, theoretically include all the
people, any number of magistrates could simultaneously hold meetings of
the kind.[787] A minor officer had no right to take charge of, or to
summon the people from, a contio called by another. A higher officer
exercised this right against a lower; the consul, for instance,
could take the meeting from the hands of any ordinary patrician
magistrate,[788] though not of a tribune of the plebs. No one dared
disturb a meeting of any kind under the presidency of the latter,[789]
and at least in the late republic a tribune sometimes forbade a patrician
magistrate to address an assembly;[790] but otherwise consuls and
plebeian tribunes might hold simultaneous contiones.[791]
Sometimes the contio was summoned merely to witness a public act. The
consuls called the people together outside the walls by the sound of
the war-trumpet to see an execution for treason. On this occasion the
citizens were arrayed in centuries on the Campus Martius, in an assembly
called at once comitia centuriata and contio.[792] We hear of a similar
execution of an astrologer or magician outside the Esquiline gate,
according to a primitive custom;[793] and it was most probably in a
contio that the supreme pontiff scourged to death a man who had wronged a
Vestal.[794] The people gathered in the same kind of meeting to witness
an oath,[795] a judicial process,[796] or the levy of a fine.[797] But
it was preëminently the listening assembly, hence the definition offered
by Gellius,[798] “To hold a contio is to address the people, without
calling on them for a vote.” It applied not only to the isolated meeting
summoned to hear edicts, reports, communications of every kind, including
arguments and appeals for or against a given policy,[799] but also to
the preparatory stage of the voting assembly whether addresses were
delivered or not. Occasionally in early times there was speaking on the
merits of candidates at the opening of an electoral assembly, and the
voting was sometimes interrupted for the purpose.[800] Before the age of
Cicero this rare proceeding had disappeared. In his day the canvass for
candidates had been made before the holding of the preliminary contio,
which accordingly was brief and formal. Because much time was required
for the voting of the centuries,[801] speaking on the day of their
assembly had to be minimized. For this reason the contio for advising
the adoption of a resolution by the comitia centuriata was held on an
earlier day. Such was the meeting summoned in the Campus Martius by the
consul P. Lentulus for the purpose of urging the people to vote in the
ensuing centuriate assembly for the recall of Cicero.[802] In judicial
proceedings before any of the assemblies the testimonies of witnesses and
the pleadings occupied the greater part of the time, and for this reason
judicial assemblies were frequently termed simply contiones. They will be
described in a later chapter.[803]
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