70

POMCERIUM

MILITARY COLONIES.

v. 27. who says that the first city built was Lycosura in Arcadia, viii. 38.

When a city was solemnly destroyed, the plough was also drawn along (inducebatur) where the walls had stood, Horat. Od. i. 16. Hence, Et seges est, ubi Troja fuit, Ovid. Her. i. 53. We read in the sacred writings of salt being sown on the ground where cities had stood, Judg. ix. 45. Mic. iii. 12.

The walls of cities were looked but not the gates, Plut. Quæst. 26. oned inviolable (sanctæ).

upon by the ancients as sacred, The gates, however, were reck

A space of ground was left free from buildings both within and without the walls, which was called POMERIUM (i. e. locus circa murum, vel post murum intus et extra), and was likewise held sacred, Liv. i. 44. Sometimes put only for the open space without the walls, Flor. i. 9. When the city was enlarged, the pomarium also was extended (hi consecrati fines proferebantur, Liv. ibid.) *

These ceremonies used in building cities are said to have been borrowed from the Hetrurians, ibid.

It was unlawful to plant a new colony where one had been planted before, Cic. Phil. ii. 40.; but supplies might be sent.

The colonies solemnly kept the anniversary of their first settlement, diem natalem colonia religiosè colebant, Cic. ad Attic. iv. 1. Sext. 63.

Some colonies consisted of Roman citizens only, some of Latins, and others of Italians, Liv. xxxix. 55. Hence their rights were different. Some think that the Roman colonies enjoyed all the rights of citizens, as they are often called Roman citizens, and were once enrolled in the censor's books at Rome, Id. xxix. 27. But most are of opinion, that the colonies had not the right of voting, nor of bearing offices at Rome, from Dio. xliii. 39. 50. The rights of Latin colonies were more limited; so that Roman citizens who gave their names to a Latin colony, suffered a diminution of rank. Cic. pro Cacin. 33. pro Domo, 30. The Italian colonies were in a still worse condition. The difference consisted chiefly in their different immunity from taxes. +

Sulla, to reward his veterans, first introduced the custom of settling MILITARY COLONIES, which was imitated by Julius Cæsar, Augustus, and others. To those colonies whole legions were sent, with their officers, their tribunes, and centurions; but this custom afterwards fell into disuse, Tacit. Annal. xiv. 72. For the sake of distinction the other colonies were called CIVILES, PLEBEIÆ, or

* "What Tacitus describes as the pomarium of Romulus, is an enlargement of the original compass, a suburb, or borough, round about the city, scantily fortified with a wall and a narrow ditch, as the chronicles tell of the Borghi round Florence; it is this weak fortification that Remus scoffs at in the legend. The word pomarium itself, seems properly to denote nothing else than a suburb taken into the city, and admitted within the range of its auspices. From the statement of Tacitus, that of Romulus ran from the Forum Boarium, i. e. from the neighbourhood of the Janus, through the valley of the Circus; then from the Septizonium to below the baths of Trajan; thence, finally, perhaps, along the Via Sacra, to the Forum: here was a swamp reaching to the Velabrum.". Nieb. i. p. 246.

+ "In their capacity of garrisons, colonies served not only to maintain conquests, but also to defend subject towns, which, whether from the loss of inhabitants, or naturally, were too weak to repel an advancing enemy."-Nieb. ii. p. 46.

DUUMVIRI

DECURIONES

BULE, ETC.

-PRÆFECTURA.

71

TOGATÆ, because they consisted of citizens, or, as they were afterwards named, PAGANI, or Privati, who were opposed to soldiers. See p. 62.

The colonies differed from the free towns in this, that they used the laws prescribed them by the Romans, but they had almost the same kind of magistrates. Their two chief magistrates were called DUUMVIRI, and their senators DECURIONES; because, as some say, when the colony was first planted, every tenth man was made a senator. The fortune requisite to be chosen a Decurio, under the emperors, was a hundred thousand sestertii, Plin. Ep. i. 19.

The senate, or general council of Grecian cities, under the Roman empire, was called BULE (Bovin, consilium), Plin. Ep. x. 85.; its members, BULEUTÆ, Id. 115.; the place where it met at Syracuse, BULEUTERIUM, Cic. Verr. ii. 21.; an assembly of the people, ECCLESIA, Plin. Ep. x. 3. In some cities those who were chosen into the senate by their censors, paid a certain sum for their admission (honorarium decurionatûs), Id. 114. and that even although chosen contrary to their own inclinations, Ibid. In Bithynia, they were subjected to regulations with respect to the choice of senators, similar to those at Rome, Id. 83. 115. An act passed by the senate or people was called PSEPHISMA, Id. x. 52, 53. It was there customary, upon a person's taking the manly robe, solemnising his marriage, entering upon the office of a magistrate, or dedicating any public work, to invite the whole senate, together with a considerable part of the commonalty, to the number of a thousand or more, and to distribute to each of the company a dole (sportula) of one or two denarii. This, as having the appearance of an ambitious largess (dianome) was disapproved of by Trajan, Plin. Ep. x. 117, 118.

Each colony had commonly a patron, who took care of their interests at Rome, Dionys. ii. 11.

PRÆFECTURE were towns to which prefects were annually sent from Rome, to administer justice; chosen partly by the people, and partly by the prætor, Festus. Towns were reduced to this form, which had been ungrateful to the Romans; as Calatia, Liv. i. 38. Dionys. iii. 50. Capua, Liv. xxvi. 16. and others. ["Reate, 3 Catil. § 2." T] They neither enjoyed the rights of free towns nor of colonies, and differed little from the form of provinces. Their private right depended on the edicts of their præfects, and their public right on the Roman senate, who imposed on them taxes and service in war at pleasure. Some Præfectura, however, possessed greater privileges

than others.

Places in the country or towns where markets were held, and justice administered, were called FORA; as Forum AURELIUM, Cic. Cat. i. 9. Forum APPII, Cic. Att. ii. 10. Forum Cornelii, Julii,

Livii, &c.

Places where assemblies were held, and justice administered, were called CONCILIABULA, Liv. xl. 37.

"The Roman senate (of 300) was divided into decuries; each of these corresponded to a cury. This explains why the members of the senate in the colonies, and, after the Julian law, those in the municipia, were termed decurions."- Nieb. i. p. 291.

72

CONDITION OF FOREIGNERS

COMITIA.

All other cities, which were neither Municipia, Coloniæ, nor Præfecturæ, were called Confederate States (CIVITATES FŒDERATÆ). These were quite free, unless that they owed the Romans certain things, according to treaty. Such was Capua, before it revolted to Hannibal. Such were also Tarentum, Naples, Tibur, and Præneste.*

FOREIGNERS.

ALL those who were not citizens were called by the ancient Romans, foreigners (PEREGRINI), wherever they lived, whether in the city or elsewhere. But after Caracalla granted the freedom of the city to all freeborn men in the Roman world, and Justinian some time after granted it also to freedmen, the name of foreigners fell into disuse; and the inhabitants of the whole world were divided into Romans and Barbarians. The whole Roman empire itself was called ROMANIA, which name is still given to Thrace, as being the last province which was retained by the Romans, almost until the taking of Constantinople by the Turks, A. D. 1453.

While Rome was free, the condition of foreigners was very disagreeable. They might, indeed, live in the city, but they enjoyed none of the privileges of citizens. They were also subject to a particular jurisdiction, and sometimes were expelled from the city at the pleasure of the magistrates. Thus M. Junius Pennus, A. U. 627, and C. Papius Celsus, A. U. 688, both tribunes of the people, passed a law ordering foreigners to leave the city, Cic. Off. iii. 11. Brut. 8. So Augustus, Suet. Aug. 42. But afterwards an immense number of foreigners flocked to Rome from all parts, Juv. Sat. iii. 58. Seneca ad Helv. c. 8. So that the greatest part of the common people consisted of them; hence Rome is said to be mundi fæce repleta, Lucan. vii. 405.

Foreigners were neither permitted to use the Roman dress, Suet. Claud. 25., nor had they the right of legal property, or of making a will. When a foreigner died, his goods were either reduced into the treasury, as having no heir (quasi bona VACANTIA), or if he had attached himself (se applicuisset) to any person, as a patron, that person succeeded to his effects JURE APPLICATIONIS, as it was called, Cic. de Orat. i. 39. [pro Cæcinâ, 33, 34.]

But in process of time these inconveniences were removed, and foreigners were not only advanced to the highest honours in the state, but some of them even made emperors.

THE ASSEMBLIES OF THE PEOPLE.

AN assembly of the whole Roman people to give their vote about any thing, was called COMITIA (a coëundo vel comeundo). When a part of the people only was assembled, it was called CONCILIUM, A. Gell. xv. 27.† But these words were not always distinguished,

Liv. vi. 20.

* "Also Heraclea, Cic. pro Archiâ, § 4., which is there also called a municipium.”

-T.

See the Lex Silvani et Carbonis.

"A concilium populi (in early ages) is synonymous with an assembly of the patricians or of the curies. It was to such an assembly that Publicola did homage, by lowering his fasces (Liv. ii. 7. iii. 71.). It was by the curies that M. Manlius,

In the Comitia, every thing which came under the power of the people was transacted; magistrates were elected, and laws passed, particularly concerning the declaration of war, and the making of peace. Persons guilty of certain crimes were also tried in the Comitia, Polyb. vi. 12.

The Comitia were always summoned by some magistrate, who presided in them, and directed every thing which came before them; and he was then said HABERE COMITIA. When he laid any thing before the people, he was said AGERE CUM POPULO, Gell. xiii. 14. As the votes of all the people could not be taken together, they were divided into parts.

There were three kinds of Comitia: the Curiata, instituted by Romulus; the Centuriata, instituted by Servius Tullius, the sixth king of Rome; and the Tributa, said to have been first introduced by the tribunes of the people at the trial of Coriolanus, A. U. 263.

The Comitia Curiata and Centuriata could not be held without taking the auspices (nisi auspicato), nor without the authority of the senate, but the Tributa might, Dionys. ix. 41. 49.

The days on which the Comitia could be held were called DIES COMITIALES, (i. e. quibus cum populo agere licebat,) Liv. iii. 11. Cic. Q. Fr. i. 2. Macrob. Sat. i. 16.

As in the senate, so in the Comitia, nothing could be done before the rising nor after the setting of the sun, Dio. xxxix. fin.

The Comitia for creating magistrates were usually held in the Campus Martius; but for making laws, and for holding trials, sometimes also in the forum, and sometimes in the capitol.

THE COMITIA CURIATA.

In the Comitia Curiata the people gave their votes, divided into thirty curiæ, (ita dicta quod iis rerum publicarum cura commissa sit, Fest. vel potius a xipía, sc. ixxλnola, conventus populi apud Græcos ad jubendum vel vetandum quod e republica censeret esse.) And what a majority of them, namely, sixteen, determined, was said to be the order of the people. At first there were no other Comitia but the Curiata, and therefore every thing of importance was determined in them.

The Comitia Curiata was held, first by the kings, and afterwards by the consuls and the other greater magistrates; that is, they presided at them, and nothing could be brought before the people but by them. They met in a part of the forum called the COMITIUM *,

the saviour of the capitol, the patron of the Roman commonalty, was condemned to death, after the centuries had acquitted him to such a degree did the patricians thirst after his blood (vi. 20.). Their place of meeting was the comitium, that of the plebeians the forum."- Nieb. i. p. 367.

The Sabines founded a new city on the conquered Capitoline and the Quirinal bill: Tatius dwelt on the former, and dedicated temples there to his native gods. The kings and their senates, and probably also the ruling houses on each side in a body, met for important deliberations between the Capitol and the Palatium; hence the name of the Comitium."-Nieb. i. p. 195. 249. “ By the side of the Comitium, were two places, called by the perplexing names of stationes municipiorum and græcostasis. These names, I conceive, designated two places, one allotted to the

74

ROSTRA -LEX CURIATA.

where the pulpit or tribunal (suggestum) stood, whence the orators used to harangue the people. It was afterwards called ROSTRA, because it was adorned with the beaks of the ships taken from the Antiates, Liv. viii. 14. and also Templum, because consecrated by the augurs, Ibid. & 35.; which was its usual name before the Antiates were subdued, ii. 56. The Comitium was first covered the year that Hannibal came into Italy, xxvii. 36. Afterwards it was adorned with pillars, statues, and paintings. †

Those citizens only had a right to vote at the Comitia Curiata, who lived in the city, and were included in some curia or parish. The curia which voted first was called PRINCIPIUM, Liv. ix. 38.

After the institution of the Comitia Centuriata and Tributa, the Comitia Curiata were more rarely assembled ‡, and that only for passing certain laws, and for the creation of the Curio Maximus, Liv. xxvii. 8. and of the Flamines, A. Gell. xv. 27. Each curia seems to have chosen its own curio; called also magister curiæ, Plaut. Aul. ii. 2, 3.

A law made by the people divided into curia was called LEX CURIATA. Of these, the chief we read of, were,

1. The law by which military command (IMPERIUM) was conferred on magistrates, Liv. ix. 38. Without this they were not allowed to meddle with military affairs (rem militarem attingere), to command an army, or carry on war, Cic. Phil. v. 16. Ep. Fam. i. 9.; but only had a civil power (POTESTAS), or the right of administering justice. Hence the Comitia Curiata were said rem militarem continere, Liv. v. 52. and the people to give sentence twice (bis sententiam ferre v. binis comitiis judicare), concerning their magistrates, Cic. de Lege Agr. ii. 11. But in aftertimes this law seems to have been passed only for form's sake, by the suffrages of the thirty lictors or serjeants, who formerly used to summon the curia, and attend on them at the Comitia, Cic. ibid. (Populi suffragiis, ad speciem atque ad usurpationem vetustatis, per triginta lictores auspiciorum causá adumbratis, cap. 12.)

2. The law about recalling Camillus from banishment, Liv. v. 46.

municipals, the other to the Greeks from allied cities, that they might hear the debates; places resembling privileged seats in the hall of a parliamentary assembly.” - ii. p. 57.

C. Cato, a young

* A private citizen was never allowed to mount the rostra. man who had borne no public office, once did it, and, in a speech to the people, declared Pompey dictator; but it raised such indignation in the audience, that it had nearly cost him his life, Cic. Ep. ad Quint. Fratr. i. 2. "See Cic. pro Lege Manil. init. Ernesti Clav. Cic. in Concionem dare alicui. Also Adam, under the article Tribunes."-T.

"In the Comitium a vault was built under ground, and filled with firstlings of all the natural productions that sustain human life, and with earth which each foreign settler had brought with him from his home; this place was called mundus, and was the door of the nether world, which was opened on three several days in the year for the spirits of the dead."-Nieb. i. p. 190. "Under an altar in the Comitium were preserved the whetstone and razor of the augur Attus Navius; beside them, on the steps of the senate-house, stood the statue of Attus, a priest, with his head muffled.” - P. 309.

"They became extinct soon after the middle of the fifth century.”— Nieb. i.

p. 287.