monetary penalties.
The _concilium plebis_, although voting, like this last assembly, by
tribes, could be summoned and presided over only by plebeian
magistrates, and never included the patricians. Its utterances
(_plebiscita_) had the full force of law; it elected the tribunes of the
plebs and the plebeian aediles, and it pronounced judgment on the
penalties which they proposed. The right of this assembly to exercise
capital jurisdiction was questioned; but it possessed the undisputed
right of pronouncing outlawry (_aquae et ignis interdictio_) against any
one already in exile (Livy xxv. 4, and xxvi. 3).
When the tenure of the religious colleges--formerly filled up by
co-optation--was submitted to popular election, a change effected by a
_lex Domitia_ of 104 B.C., a new type of _comitia_ was devised for this
purpose. The electoral body was composed of 17 tribes selected by lot
from the whole body of 35.
There was a body of rules governing the _comitia_ which were concerned
with the time and place of meeting, the forms of promulgation and the
methods of voting. Valid meetings might be held on any of the 194
"comitial" days of the year which were not market or festal days
(_nundinae, feriae_). The _comitia curiata_ and the two assemblies of
the tribes met within the walls, the former usually in the Comitium, the
latter in the Forum or on the Area Capitolii; but the elections at these
assemblies were in the later Republic held in the Campus Martius outside
the walls. The _comitia centuriata_ was by law compelled to meet outside
the city and its gathering place was usually the Campus. Promulgation
was required for the space of 3 _nundinae_ (i.e. 24 days) before a
matter was submitted to the people. The voting was preceded by a
_contio_ at which a limited debate was permitted by the magistrate. In
the assemblies of the _curiae_ and the tribes the voting of the groups
took place simultaneously, in that of the centuries in a fixed order. In
elections as well as in legislative acts an absolute majority was
required, and hence the candidate who gained a mere relative majority
was not returned.
The _comitia_ survived the Republic. The last known act of comitial
legislation belongs to the reign of Nerva (A.D. 96-98). After the
essential elements in the election of magistrates had passed to the
senate in A.D. 14, the formal announcement of the successful candidates
(_renuntiatio_) still continued to be made to the popular
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