COMITIA TRIBUTA

3 definitions found across Law Mind sources

COMITIA TRIBUTAAuthored
The Law Mind • 660 words
Definition
The comitia tributa were a formal assembly of the Roman people organized according to tribal divisions rather than by wealth or birth. Established approximately 491 B.C., these assemblies functioned as a legislative and electoral body in which citizens voted by tribe, with each tribe casting a single collective vote. Their powers included the election of certain inferior magistrates, the appointment of priests, the enactment of laws, and the conduct of trials. Over time, the range of subjects subject to comitial action expanded considerably beyond their original scope. The comitia tributa are distinct from the other principal Roman assemblies — the comitia curiata (organized by ancient kinship divisions) and the comitia centuriata (organized by wealth and military class) — in that tribal membership conferred no advantage based on birth or fortune. Because all members voted as nominal equals on a per capita basis within their tribes, these assemblies have historically been characterized as democratic in tendency and associated closely with plebeian political interests, though technically open to the full Roman citizenry.
Why It Matters in Research
This term appears almost exclusively in historical and Roman law contexts. Researchers encountering it should expect it in foundational works on Roman constitutional history, comparative government, and the development of legislative and electoral institutions — not in common law doctrine or American statutory materials. The primary research trap is conflation with the concilium plebis, the assembly exclusive to plebeians. Burrill and other historical sources acknowledge the confusion directly: because the comitia tributa operated on an egalitarian voting principle, commentators sometimes described it as a plebeian assembly, but this characterization is not strictly accurate. Legislation passed by the concilium plebis (plebiscita) had a distinct legal status and history. Researchers working in Roman public law sources must track carefully which assembly a source is referencing. Kent's Commentaries (cited by both Bouvier and Burrill) is the primary American secondary source connecting Roman institutional history to early comparative constitutional thought. Law Mind corpus researchers tracing the intellectual foundations of American legislative theory — particularly arguments about democratic representation and equal voting — may find Roman assembly structure, including the comitia tributa, invoked analogically in early republic-era political and legal writing. The dating and characterization of these assemblies shifted across classical and early modern scholarship. Sources written before the nineteenth century's advances in Roman historiography may reflect less precise distinctions among the three comitia forms. Weight sources accordingly.
Historical Dictionary Support
Bouvier and Burrill agree on the essential character of the comitia tributa as tribal assemblies with legislative, electoral, and judicial functions, and both cite Kent's Commentaries as their primary secondary authority. Their entries diverge modestly in emphasis. Bouvier stresses the expansion of the comitia tributa's power over time, noting that their authority grew well beyond their original mandate — a point of constitutional significance for anyone tracking the development of popular sovereignty in Roman thought. Burrill provides the more precise institutional framing, specifying the founding date (491 B.C.), explaining the per capita voting mechanism within tribes, and directly engaging the question of whether these assemblies were truly plebeian in character. Burrill also cites Aulus Gellius's Noctes Atticae, a classical Roman source, alongside Kent, lending his entry a closer connection to primary ancient authority. Neither entry is sufficient for serious Roman law research without supplementation. Both rely heavily on Kent and do not engage the primary Latin sources in depth. Researchers requiring precision should move directly to classical scholarship (Mommsen's Römisches Staatsrecht being the foundational modern work) or to comparative constitutional histories that treat the comitia system in full.
Jurisdictional Note
The comitia tributa has no direct application in any common law or modern civil law jurisdiction. Its relevance to legal research is historical and comparative — principally in Roman law, constitutional history, and the intellectual genealogy of legislative theory.
Related Terms
Comitia Curiata; Comitia Centuriata; Concilium Plebis; Plebiscitum; Roman Law; Lex; Tribal Assembly; Popular Assembly; Suffrage (Roman); Magistrates (Roman)
COMITIA TRIBUTAmain
Bouvier's Law Dictionary • 1928
Assemblies to create certain inferior magistrates, elect priests, make laws, and hold trials. Their power was increased very materially subsequently to their first creation, and the range of sub- jects acted on became much more extensive than at first. Anthon, Rom. Antiq. 68; 1 Kent 518.
COMITIA TRIBUTAmain
Burrill's Law Dictionary • 1867
Lat. Comitia of tribes. Assemblies of the Roman people, established B. C. 491, in which they voted according to tribes. From the circumstance that neither birth nor fortune gave any advantage in these comitia as in the others, all the people meeting on an equality, and voting per capita, they have been considered as assemblies of the plebeians only. 1 Kent's Com. 519, and note. Aulus Gellius, Noct. Att. xv. 27. Federalist, No. 34. Taylor's Civ. Law, 200.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In