KLIP I 77 1 1995 | 203-216 |

FRANCISCO PINA POLO (Zaragoza)

Procedures and Functions of Civil and Military contiones

in Rome*

Most institutions of Ancient Rome (Senate, magistracies, popular assemblies) have been
the objects of detailed discussions by historians and specialists in Roman law from a
juridical as well as from a political point of view in the different periods of the history
of Rome. Scholarship, however, has not dealt with one of the Roman popular assem-
blies, the contio, which has been viewed as an institution of little relevance, a mere prepa-
rative meeting of the legislative and judicial comitia without other functions and defined
therefore sometimes as an informal and unofficial assembly. It is uncertain who could
convoke a contio, what its procedures and purposes as well as its political significance
was, especially during the Republican age. Moreover, handbooks usually do not mention
contiones, and the more specialized studies refer to them only marginally.1 Not only the
contiones as civil institutions, but also the military contiones have not been systematically
studied, although we do know a good deal about the latter.2
Therefore Claude Nicolet rightly wrote almost twenty years ago: "L'etude systematique
de toutes ces assemblies preparatoires au vote des lois ou aux grands proces n'a pas
encore ete faite... Elles representent ä coup sür, avant et en marge des cornices regu-
liers, un tres interessant recours a l'opinion publique".3
In order to fill this gap in scholarship I have studied civil and military contiones through-
out the history of Rome.4 The purpose of this paper is to examine this kind of assem-

* I am very grateful to Estrella Velasco M.A. and Dr. Victor Parker (Seminar fur Alte Geschichte der Uni-
versität Heidelberg), who corrected the English text
1 For instance in so important a work as De Martino's Stotia della costituzione romana, Napoli 1958-72,
the word contio does not even appear in the subject index and the author scarcely devotes some lines to
this kind of assembly (vol I 469; Π 434). The same happens in J. Bleicken, Die Verfassung der römischen
Republik, Paderborn 1975. All we know of the contiones derives from general studies on Roman institu-
tions, such as L. Lange, Römische Alterthümer, Berlin 1863-1871; W. Soltau, Über Entstehung und
Zusammensetzung der altrömischen Volksversammlungen, Berlin 1880; Th. Mommsen, Römisches
Staatsrecht, Leipzig 1887-1888; O. Kariowa, Römische Rechtsgeschichte, Leipzig 1885-1901. At the
beginning of our century G. W. Botsford wrote a fundamental book about the Roman assemblies fllie
Roman Assemblies, New York 1968 pl909]), in which we find valuable information about the contiones
(esp. 139—151). L. R. Taylor, Roman Voting Assemblies, Ann Arbor, Michigan 1966, especially tried to
determine where these meetings took place by combining the archeological and the literary evidence.
2 The exceptions are the work of W. Fischer, Das römische Lager, insbesondere nach Livius, Leipzig—Ber-
lin 1914, and more recently the book of J. B. Campbell, The Emperor and the Roman Army 31 B.C.-
A.D. 235, Oxford 1984, esp. 69-88, who devotes a section to the relationship which emperors cultivated
with their soldiers through speeches in military contiones.
3 C. Nicolet, Le metier de citoyen, Paris 1976, 390.
4 F. Pina Polo, Las contiones civiles y militares en Roma, Zaragoza 1989.

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204 F. Ρ ί ν α P o l o , Condones in Rome

blies from an institutional and juridical point of view and to determine the evolution of
their procedures and functions from the Monarchy through the Empire although of
course we have more information for the late Republic. Eventually, a classification of
the different types of contiones held means a preliminary step to studying their political
role and significance.

Philological Aspects
The word contio derives from cum and ve-ni-re, from co-ventio — conventio, of which latter
word it is a contraction.5 With few exceptions, it retains the same, exact meaning in
Latin literature until later times, when Christian writers used it more generally for "a
meeting of Christians" or "a preaching". As Festus and Gellius show,6 contio originally
meant a kind of juridically well-defined popular assembly, different from comitia and conci-
lia. But it also denoted those who attended these assemblies as well as the speeches
delivered.
Its derivatives also have exact meanings, especially the common contionor, the meaning
of which is "to speak in a contio", "to hold a contio". On the other hand, contionator means
"the speaker in a contid', but Latin writers hardly ever used this term and usually implied
the negative sense of "demagogue" when they did.7 Christian writers, however, usually
used both words to indicate "to preach" and "preacher" respectively.
Finally, several adjectives are derived from contio and contionor. Contionarius and contiona-
lis both mean "characteristic of a contio" and, when applied to persons, the frequent
attendance to that kind of assembly. Contionabilis can be defined as "characteristic of a
speech delivered in a contidand contionabundus refers to somebody who speaks as
though he were at a contio.
Latin sources sometimes employ other expressions for the civil contio, e.g. ad populum
or apud populum, in conspectu pupuli, concilium or condlium populi:, as well as for the military
contio, e.g. in conspectu militum, in conspectu exercitus, in conventu militum.
Latin writers also use the word contio when referring to foreign assemblies (always
military or civil assemblies in which speeches are delivered), especially in the Greek or
Hellenistic world (as a translation of έκκλησία), but also when speaking about the insti-
tutions of Carthage, etc. On the other hand, Greek sources always translate contio with
έκκλησία, with the exception of Cassius Dio who uses σύλλογος beside έκκλησία. Con-
tionor was occasionally translated with έκκλησιαζεΐν and more often with δημηγορεΐν.

Civil contiones under the Monarchy and in the Republic

As Festus and Gellius show (vid. supra), the main feature of the contio as distinguished
from other Roman assemblies was its communicative character: it was the only popular

5
F e s t p. 113 L.: in conventione, in contione·, Var., 1.1., VI 87: conventionem habet·, VI 88: ad conventionem.
6
Fest., p. 38 L.: contio significat conventum, non tarnen alium, quam eum, qui <a> magistrate vel a sacerdete publico per
praeconem convocatur, Aul.Gel., XVIII 7,5-9: contionem autem tria significart: locum suggestumque unde verba fierent,
sicut M. Tullius in oratione quae inscripta est Contra Contionem Q. Metelli: ,Escendi\ inquit, ,in contionem; concursus
est populi factus'; item significare coetum populi adsistentis, sicuti idem M. Tullius in Oratore ait:,Contiones saepe excla-
mare vidi, cum apte verba cecidissent. Etenim expectant aures, ut verbis conligetur sententia'; item orationem ipsam quae
ad populum dicerttur, XIII 16,3: contionem' autem ,habere' est verba facere ad populum sine ulla rogatione.
7
Cie., Cat., IV 9; Aug., de civil. D., Ill 26,1.

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KLIO 77 1995 205

assembly which allowed the speaker to address the people, something forbidden in
comitia and condlia plebis. As a general definition, a contio was an official assembly of the
populus (although those attending were not divided into tribes or centuries), which a
magistrate summoned, in order to speak to the people, but which did not vote (so it is
not a decision making assembly, unlike the comitia and the condlia plebis).
The right to summon the people implied the right to speak to those in attendance as
well as the right to preside over the meeting. This potestas contionandi belonged exclusively
to magistrates and tribuni plebis (according to Festus to the sacerdotes as well) as something
inherent in the office, since to summon and to address the people was not a right of the
populus, but a privilege of a magistrate, so that it was impossible for a privates to call a
contio or for the people to convoke itself. The chairman of the assembly had absolute
power over it: he could call on other persons, privati or magistrates (producers in
contionem),8 determine who might speak and in what order (contionem daref and even fix a
time for every one of them.
The term ius contionandi, although modern authors use it,10 is in actual fact found only
in an inscription from the Roman colony Alexandria Troas, whereas Cicero says potestas
habendae contionis and potestas contionandi}x
The colony Alexandria Troas 12 honoured a Roman citizen named C. Iulius Iunianus
with a ius contionandi with regard to that community, because at that moment he was not
a magistrate but a privatus (he had been duumvir and aedit'is). A magistrate did not need a
ius contionandi since his potestas implied the potestas contionandi. Therefore the former was
an effective right, which could not mean mere passive attendance at the colony's contiones
— that would not have been emphasized in an inscription. It meant at least the right to
speak in the popular assembly whenever he wished. We may doubt, however, that a pri-
vatus could also summon the people like a magistrate. It is furthermore difficult to deter-
mine if this right was granted forever or only for a certain period of time. N o doubt
this man was influential in the region, not only in Alexandria Troas, but also in Ilion,
where he received honours and held several political offices. Regarding the exceptional
privilege of ius contionandi it is my hypothesis that C. Iulius Iunianus could have been a
kind of patronus for the native people, acting perhaps as intermediary between them and
the Roman community.
Under the Monarchy the rex summoned all the known contiones (their authenticity is of
course very doubtful) and was usually the only speaker. Throughout the Republican peri-

8
Liv., XXVII 7,4; XXXVI 21,8; XLI 7,5; Cie., Alt., I 14,1; Sest, 33; in Vatin., 24; fam., XII 3,2; ΧΠ 7,1;
Phil., II 78; p. red. in Sen., 13; Pis., 14; dom., 40; Ascon., in Mil., 32 C.; VaL Max., Ill 7,3. The ancient
sources also use other expressions with the same sense: producers ad populum, traducere in contionem, perducen
in rostra, subducere in contionem, in contionem vocari iubere, producere in conspectum populi Ramani, producere in rostra
or pro rostris.
9
Three speeches of Cicero provide significant examples of contionem dare, Post reditum ad Quirites and
Philippicae IV and VI, because Cicero, as a privatus, could not summon an assembly himself.
10
Mommsen, Rom. Staatsrecht, I 201; E. von Herzog, Geschichte und System der römischen Staatsverfas-
sung, 'Leipzig 1884-1891 (1965), I 635; F. SteUa Maranca, II tribunato della plebe dalla ,lex Hortensia' alia
,lex Cornelia', Roma 1967 (Ί901), 93. It is also sometimes described as ius contionem habendi: Lange, Rom.
Alterthümer, II 663; Liebenam, s.v. contio, RE, col. 1150; P. Willems, Le droit public romain, Louvaine
1972 ('1910), 126; or as ius contionis·. A Bouche-Leclerq, Manuel des institutions romaines, Paris 1886, 65.
11
Cie., fam., V 2,7; de lege agr., II 91.
12
CIL III 392 = 12.246. Cf. F. Pina Polo, Ius contionandi y contiones en las colonias romanas de Asia Menor:
acerca de CIL III 392, Geriön 7, 1989, 95-105.

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206 F. Ρίνα Pom, Condones in Rome

od every magistrate with potestas had the potestas contionandi as well:13 all consuks, praetores,
censores, aediles, quaestons, decemviri, military tribunes with consular power, triumviri and dic-
tators. As tribunes of the plebs, however, called most of the meetings, some ancient writ-
ers, especially those of the Late Republic, lump the contio, tribunes and popular agitation
together (the best examples are Cicero's speeches Pro Cluentio and Pro Sestio). The
promagistrates, on the other hand, since they had only the military imperium, could not
convoke civil condones, because their power was limited to the military sphere.
In spite of the statement of Festus we do not know for certain if the sacerdotes did
have the power to call contiones also. We do, however, have evidence of their presiding
over a ceremony in the comitia calattr.14 the inauguratio of the rex and the famines·, on the
Kalendae the announcement to the people of the next Nonae and on the Nonae the an-
nouncement of the next monthly festivals; the detestatio sacrorum, in close relationship to
the adrogation and last, the publication of testamenta. Sacerdotes, not magistrates, always sum-
moned and presided over these comitia calata, which were religious acts or at least related
to the ius sacrum. They were not decision making assemblies, as no voting took place: the
populus attended only to witness the ceremonies. The passive role of the populus in the
comitia calata parallels that in a contio, so that we may consider the former as a sort of con-
tio which had especially to do with sacred matters.
We are possibly witnessing a very poorly known historical process. The contio (the
original conventio) was probably the only Roman assembly under the Monarchy, when the
king would have presided over all the civil, military and religious acts. After the creation
of the comitia curiata and centuriata, the religious assemblies could have been called comitia
calata, as contiones with regard to their duties, as comitia with regard to their organization.
At any rate in the Republican period the sacerdotes replaced the king as the presiding offi-
cer of the comitia calata, while the various magistrates presided over the other assemblies,
contiones or comitia,15
According to Messala (apud Aulus Gellius) the use of the potestas contionandi depended
on the hierarchy: a higher ranking magistrate had the right to forbid a lower ranking
magistrate's assembly or to take possession of it himself {ius contionem avocandi).16 We have,
however, no evidence in the ancient sources of the use of this right. Moreover, it was
theoretically forbidden to interrupt an assembly of a tribunus plebis, as the much-discussed
lex Icilia (492 B.C.),17 integrated into the leges sacratae, expressly states.18 Besides, a tribune

13 Contra Mommsen, Rom. Staatsrecht, I 200: aediles and quaestons could not summon the people. But we
know contiones summoned by all kinds of magistrates: cf. Pina Polo, Contiones, 45-53.
14 Aul. Gel., XV 27,1—3: In tibro Laelii Feticis 'Ad Q. Murium' primo scriptum est Labeonem scribere ,calata' comitia
esse quae pro conlegio pontificum habentur, aut regis aut flaminum inaugurandorum causa. Eorum autem alia esse
,curiata', alia ,centuriata'; ,curiata' per lictorem curiatum ,calari', id est ,convocari', ,centuriata' per cornicinem. Isdem
comitiis, quae ,calata' appellari diximus, et sacrorum detestatio et testamenta fieri solebant. Tria enim genera testamen-
torum fuisse accepimus: unum, quod calatis comitiis in populi contione fieret...
15 For further information see Pina Polo, Contiones, 54—64.
16 Aul. Gel., XIII 16,1: Idem Messala in eodem libro de minoribus magistratibus ita scripsit: ,Consul ab omnibus magi-
stratibus et comitiatum et contionem avocare potest. Praetor et comitiatum et contionem usquequaque avocare potest, nisi a
consult. Minores magistratus nusquam nec comitiatum nec contionem avocare possunt.
17 Cf. Dion. Hal., VII 17,5.
18 Cf. Liv., XLIII 16,8-11; vir. ill., 65,5; 73,2; Val. Max., IX 5,2; Plin., ep., I 23,2.

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KLIO 77 1995 207

had no right to use the avocatio against the contiones of magistrates, although he could
employ the intercession
In principle only the citizens could lawfully attend contiones, but as no one inspected
those attending the audience consisted in part of foreigners, freedmen and slaves, especi-
ally in the Late Republic.20 Such persons as well as women could speak in them only if
the chairman required them to do so.21
As for the day on which contiones could meet, they could convene immediately after
having been summoned. Like comitia they could take place only in the daytime and had
to end at sunset. If necessary, the assembly could reconvene the next day. It was possi-
ble, though, to convene them anytime and on all kinds of calendar days {fasti, nefasti, nun-
dinae, etc.) with the exception of contiones previous to comitia, since the latter were author-
ized only on dies comttiaies. We may reasonably assume that market days and major festi-
vals were the most suitable days for convening contiones, as large crowds gathered in
Rome on such days thereby increasing the potential audience. This is important, since
the activities which took place in the contiones usually required publicity and the presenta-
tion of events of interest to the community (e.g. senatusconsulta, announcements of victo-
ries or defeats, etc.) obviously could not be put off until an assembly day, but had to be
announced immediately. Due to this circumstance it is obvious that many more contiones
than comitia took place annually, especially during the Late Republic, when political
activitiy was to a large extent carried out in this particular kind of assembly.22
The announcement of a contio devolved on the praecones, who went through the streets
of Rome summoning the citizens to the meeting-place. During the contio these praecones
stayed together with the presiding officer on the platform, for the purposes of imposing
silence, summoning somebody, reading the text of a rogatio, etc.23 To convene a contio, it
was not necessary to take the auspida. One could not, therefore, carry out the obnuntiatio
against the assembly. Nevertheless, the meeting began with a religious feature, a solemn
prayer.24 The presiding officer, furthermore, also decided when to end the meeting.

Classification of civil contiones during the Republic

I. Preparatory contiones for comitia
Legislative contiones
The last step in the legislative process during the Roman Republic was the voting on a
bill (rogatio) in the comitia centuriata or, much more frequently, in the comitia tributa. Prior
to this step the rogatio had first to be presented to the people and afterward had to be
discussed in public in accordance with the customary rules. All this activity took place in

19 The tribune Metellus Nepos vetoed a contio held by Cicero at the end of the year 63 (Cie., fam., V 2,7)
and Clodius did something similar against Bibulus at the end of the year 59 (Cass. Dio, XXXVIII 12,3).
20 Cf. Cie., Flacc., 17.
21 Iugurtha was invited by C. Memmius to speak in a contio·. Sal., lug., 33. In exceptional cases some women
participated directly: Cass. Dio XXIV fr. 83,8; Val. Max., Ill 8,6; App., b. c., IV 32-34. But see Val. Max.
Ill 8,6: Quidfeminae cum condone? sipatrius mos servetur, nihil.
22 Cicero speaks at times of cotidianae contiones·. Cie., Sest., 39; Cluent., 93; 103; Mil., 12; Brut, 305; cf. Tac.,
dial., 36,3.
23 Liv., Ill 47,8; XXVIII 27,1; XXXVIII 51,12; XIJII 16,8; Rhet. ad Her., IV 68.
24 In general, Liv., XXXEX 15,1. About the words of the prayer, Cie., de div., I 102: Quod bonum, faustum,
filix jortunatumque esset. Cf. also Liv., I 17,10; III 34,2; III 54,8; Var., 1.1., VI 86.

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208 F. Ρίνα Polo, Condones in Rome

contiones, since these alone provided a venue suitable for political discussion before the
actual voting. The author of the bill (a magistrate therefore) summoned the first contio in
order to introduce the bill orally, while the written text was posted in a public place as
well. The text was read to those in attendance, and the magistrate explained his purpose
and defended his rogatio. In subsequent contiones debates took place, and the chairman
(always the author of the bill) was compelled (probably by custom alone) to invite
attending magistrates or privati to defend or to oppose the bill (suasiones and dissuasiones).
The rogator obviously tried to win for his meetings important politicians who were in
favour of his ideas, but the common participation of persons opposed to the bill often
gave rise to real debates. Other magistrates could avail themselves of their own potestas
contionandi and summon additional contiones, in order to stimulate public opinion for or
against the rogatio.
Such discussion was supposed to last a trinundinum. This term derives from the cele-
bration at Rome of the nundinae, the market days of the eight day Roman week. The
length of a trinundinum is still a matter of debate.25 In my opinion26 it is likely that the
initial reading of a bill took place on a market-day contio and subsequent debate in two
further contiones, perhaps on the next two nundinae, in order to obtain more publicity. The
trinundinum, therefore, lasted at least seventeen days.
Comitia were convoked after the trinundinum. Previous to the voting a contio convened
in the same place. The bill was reread and perhaps discussed for the last time. The lot
then determined in which populus unit the present Latins would vote and the first unit to
vote. The people acted in this case as witnesses; immediately afterwards the comitia
began.
Judicial contiones
A iudirium populi began with the charge made by a magistrate against another person
(diem dicere). This necessitated the anquisitio, a public inquiry, which was seen as a certatio
between magistrate and defendant. The anquisitio took place in three contiones held on
three nonconsecutive days.27 The prosecutor, a magistrate, presided over these assem-
blies, spoke whenever he wished, but was required to invite the defendant and any wit-
nesses to speak (the latter were compelled to take an oath in front of those attending
the contio).
Immediately after the third contio the magistrate was required to make his final propos-
al. From that moment his proposal was a rogatio and as such would eventually necessitate
a vote in the comitia. First, however, what Cicero called a quarta accusatio (dom., 45), was

25 Seventeen days: Lange, Rom. Alterthümer, II 470; Herzog, Geschichte und System, 1,2 1092; twenty four
Mommsen, Rom. Staatsrecht, 111,1 375-376; W. Kroll, s.v. Nundinae, RE XVII, CoU. 1471-1472; Kario-
wa, Rom. Rechtsg., I 392; Taylor, RVA 16; Α. K. Michels, The Calendar of the Roman Republic, Prince-
ton, 42, 87 and 191-206: the trinundinum had 25 days, between the promulgatio and the voting in comitia,
including both days.
26 See Pina Polo, Contiones, 96-100. Cf. also A. W. Lintott, Trinundinum, CQ 59, 1965, 281-285; Nundinae
and the Chronology of the Late Roman Republic, CQ 62, 1968, 189-194.
27 Cie., dom., 45: Nam, cum tam moderata indicia populi sint a maioribus constituta, primum ut tie poena capitis cum
pecunia coniungatur, deinde ne improdicta die quis accusetur; ut ter ante magistratus accuse! intermissa die quam multam
inroget aut judicet, quarta sit accusatio trinum nundinum prodicta die, qou die indicium sit futurum... denique etiam si
qua res ilium diem aut auspiciis aut excusatione sustulit, tota causa iudiaumque sublatum est. Cf. App., b. c., I 74.

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KLIO 77 1995 209

convened, a contio in which the magistrate tried to summarise the whole process and
restated the charge.
In the Late Republic the institution of quaestiones perpetuae caused changes in the trial
procedures. Some formalities, however, were still dealt with in contiones, as in every act in
Rome which required the presence of the people as witnesses: the reading of the list of
citizens selected for a jury; the praetor's oath which confirmed that the election had been
made in accordance with the laws; and last, the oath of the fifty men belonging to the
jury.
Electoral contiones
Many known contiones had a specific electoral aim, since they served to communicate the
ideas and achievements of a statesman to the people. Nevertheless, election campaigns
similar to the ones we have today did not exist, and there were no assemblies in which
candidates appeared before the voters to introduce a political programme. However, a
contio was held on the voting day before the comitia28 After the usual prayer the list of
candidates was read and the instructions for voting were given. Lastly, as in judicial and
legislative contiones, the lot determined in which unit the present Latins would vote and
which unit would vote first.

II. Contiones not connected with comitia

Political contiones
In ancient Rome a politician of necessity practised oratory, as a means of obtaining fama
and popularitas as well as of furthering through persuasion his own ideas against those of
his political opponents'. Rome afforded three venues for practising oratory: trials, senate
and contiones29 The senate had, no doubt, tremendous power as an institution, but many
political struggles nonetheless took place before the people, in contiones, for which reason
Tacitus rightly defines them with reference to the tirocinium fori as the real school for
young orators,30 whereas Cicero describes the contio as the maxima scaena oratoris?x Oil
this account, the ancient sources copiously record what we may in general call political
contiones, with varying subjects, dependent on the contemporary problems of Roman
society.32 They represented one of the main centres of political discussion, especially
during the Late Republic, when their importance grew ever greater.
Informative contiones
There were several kinds of informative contiones. We may mention first those held to
communicate senatusconsulta to the people. The highest magistrate present at the time in
Rome presided over them — usually one of the consules, although we have examples of a
praetor urbanus presiding over these meetings if both consules were absent from Rome.

28 Cf. Var., 1.1., VI 88; Fest., 113 L.

29 Cie., de orat., I 35; Quint., inst., orat., XII 11,1.
30 Tac., dial., 34,2: Hunc sectan, hunc prosequi, huius omnibus dictionibus interesse sive in iudiciis sive in contionibus
adsuescebat.
31 Cie., de orat., II 338.
32 For further information see Pina Polo, Contiones, 119-138.

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210 F. ΡΊΝΑ POLO, Contiones in Rome

Informative contiones were also summoned to give the people notice of the outcome of a
battle. Again, the highest magistrate at Rome presided — as a rule the praetor urbanus,
since the consults were customarily in the field. In regard to the way in which a report
was made the presiding magistrate could choose among several alternatives. A letter sent
by the Roman commander-in-chief might be read, or a magistrate simply reported what
he knew. The presiding officer might also call upon kgati who had been present at the
battle to speak. In any case the senate had to be informed first and could recommend
or order that the people also be informed in a contio. Proclamations in contiones of senatus-
consulta ordering several days of supplkationes usually followed closely upon the announce-
ments of victories.
Contiones which saw the announcement of edicts were in actual fact also informative:
every edktum had to be read in a contio (edicere pro contione or in contione), whereas the text
itself was posted in a well-frequented place, usually in the Forum.33 The magistrate who
had prepared the edict summoned and presided over the meeting.
Census
The lex censui censendo (whereby the censors gave the citizens instructions concerning the
new census) was read in a contio,34 In all likelihood, furthermore, the new list of senators
and equites were also read publicly.35 Lasdy, the censors sometimes used contiones to repri-
mand the citizens in accordance with the mos maiorum,36
Triumphs
After his triumphal entry into Rome — usually on the very next day —37 the triumphator
delivered a speech on his own exploits with a view toward attaining popularity.38
Executions
Contiones also convened on the occasion of public executions, with the exception of
those which took place in the Tullianum and those of women. As in other acts concern-
ing the entire community, the populus acted as witness.39
Coming into office and rengnation of magistrates
One of the first public acts which magistrates carried out after coming into office was a
contio in which they thanked citizens for electing them. They frequently used this chance to
deliver an encomium on their family as well as on themselves.40 We have examples of this
for consuler, some praetores may have called such contiones as well. We have no evidence of

33 Edicere pro contione. Liv., XXVI 27,6; XXVII 51,8; XXXVII 4,1; XLII 10,3; XLIII 4,11. EScen in contione.
S. C. de Bacch., 1.23 (in conventionid); Cie., Sest, 29; Liv., XXIII, 48,12; XXV 1,12; XLIII 14,5. The Acta
Ludorum Saecularium Quintorum (CIL VI 32323 = ILS 5050) 11. 26-27, speaks of these two kinds of
publication: more exsemploque maiorum in contione p[alam ediximus... item in albo proposui]mus, uti, si qui a contio-
ne afaissent aut non sat [is intellexissent, cognoscerent],
34 Liv., XLIII 14,5.
35 Ον., XXIII 23,1-7; XXIX 37,1 and 8.
36 Val. Max., VI 4,2; Aul. Gel., V 19,15; I 6; Liv., per., LEX 8-9.
37 E.g. Liv., XXXVI 40,14. But it was also possible to convene a contio later: Liv., XLV 40—41; App., Mac.,
19; Plut., Aem. Paul., 36,2.
38 Liv., XLV 40,9.
39 Cf. Sen., dial., Ill 16,5 and Liv., XXVI 15,8-9 (in Teanum and Cales).
40 Cie., de lege agr., II 1; Plut., Aem.Paul., 11,1.

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KLJO 77 1995 211

lower ranking magistrates using this procedure. As for the tribuni plebis, they usually pro-
posed new bills the same day they began their duties, at least in the Late Republic.
Magistrates also summoned a contio when they left office, in order to render an account of
their own political activities before the people.41 Finally, some magistrates entered and left
their "offices with the taking of an oath (iurare in leges and magistratum eiuran).42
Consecratio bonorum and religious matters
We know contiones in the II. and I. centuries B.C., in which some tribuni plebis consecra-
ted the property of political enemies to the gods.43 This took place on the rostra in
accordance with an ancient ritual.
The public nominatio of augures (and probably of other priests) as well as the selection
of female candidates as vestales also took place in contiones,44
Funeral laudationes
At the beginning of Roman History the eulogy was a private affair, the responsibility of
the gens. With passage of time public laudationes, which were always held in a contio (the
funebris contio) at the Forum, came into existence.45 Of these there were two kinds: lauda-
tiones of the deceased which a relative held, who could himself be a magistratus or should
otherwise have received the permission of a magistrate;46 and laudationes made by a
magistrate in the name of the community and by order of the senate, which had
previously decreed a funus publicum47 In this case the laudatio was not only public, but
had an official character as well.

Civil condones in the Imperial age

Like other popular Roman assemblies contiones were much less important in Imperial
time than in the Republican age, particularly those which we have called political, since
political debate no longer took place before the people. Nevertheless, contiones still exi-
sted and served as a link between the imperial power and the populus by means of which
news and information were conveyed — with the important difference, that now this
means of communication was at the disposal of the emperors.48 In fact emperors con-
voked most of the known contiones of this period,49 though consults, praetores and praefecti
Urbfi® (probably using their own potestas) did so as well — apparently without needing

41 E.g. Liv., Ill 54,6; VII 11,9; App., b. c., I 104; Plut, Cie., 23,2-3.
42 Cie., fam., V 2,7; Liv., II 2,5; XXIX 37,12.
43 Cie., dom., 123-124; Liv., XLIII 16,10.
44 Rhet ad Her., I 11,20; AuL Gel., I 12,11.
45 Cie., de orat., II 341; Quint, inst orat, III 7,2; XI 3,153. Cf. Pol., VI 53,1-2.
46 Liv., Π 47,11; Plin., n. h., VII 139; Plut, Fab., 1,5; 24,4; etc.
47 For Sulla, App., b. c., I 106. For Caesar Cie., Art., XIV 11,1; XV 20,2.
48 In general, Front, epist, p. 141,22 Naber = Haines Π p. 58; S. Η. Α., Sev. Alex., 3,4; 25,11.
49 Augustus (Suet., Tib., 21,3); Tiberius (Tac., ann., IV 40,7); Caligula (Cass. Dio, LEX 13,1); Claudius (Cass.
Dio, LX 10,1); Otho (Tac., hist., I 90); Vitellius (Tac., hist, ΙΠ 36; 68); Nerva (Plin., paneg., 8); Traianus
(Plin., paneg., 65); Hadrianus (S. Η. Α., Hadr., 8,3); Septimius Severus (S. Η. Α., Sept Sev., 12,8); Severus
Alexander (S. Η. Α., Sev. Alex., 3,4; 25,11; 57,1); Pupienus (S. Η. Α., Maxim. Duo, 24,8; 25,5); Constan-
tius (Amm. Marc., XVI 10,13).
50 Plin., epist., II 1,1; 1,6; Front, epist., p.32 Naber = Haines I p. 144; Tac., hist, III 37; ann., XII 4; Coll.
Avell., 14,2; 29,3.

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212 F. Ρ Ί Ν Α POL«, Condones in Rome

the permission of the emperor. Our knowledge about them is scanty, since the ancient
authors focused on the increasingly more important military contiones.
With regard to the types of contiones attested under the empire we hear of informative
ones,51 those used for public oaths52 and the funeral laudationes. The latter were usually
delivered on the occasion of funera publica with greater frequency than in Republican
times.53 But the new political system gave rise to new activities in the contiones, e.g. the
emperor's adoption of an heir (in the case of Traianus at the Capitolium),54 at which the
people attended as mere witnesses.

Meeting-places of contiones at Rome

At Rome orators always stood on a raised platform to speak to their audience. This
platform could be a dais built especially for such acts, or on occasion the podia of tem-
ples which overlooked on an area large enough for an assembly to gather.55 For this rea-
son the Capitolium and the temple of Castor were used with a certain frequency (the
latter above all in the first century B.C.). The ancient sources mention the temple of
Bellona as well.
From the Augustan age onward the sources tell us about a new construction which
was at times used as an orator's platform and to the front of which the rostra of the
ships seized at the batde of Actium were affixed. This building bore the name rostra aedis
divi Iulii.56 It doubtlessly stood in front of the temple of Divus Iulius and usually has
been identified as the temple's podium}1 Recently, however, Coarelli has rightly argued58
that it was a separate tribune. That would mean that throughout the Imperial age a spe-
cial orator's platform stood at the eastern edge of the Forum in front of the temple of
Divus Iulius.
Sometimes a contio was summoned outside of the pomerium, for instance in the Campus
Martius or in the Circus Flaminius. This happened when the presiding magistrate desired
the presence of a person with imperium proconsulare or who was waiting for his triumphus
and therefore could not enter the City.59
Nevertheless, there always was at Rome an orator's tribune, called by the Latin sour-
ces tribunal.,60 suggestutrP or more usually rostra.62 It lay between the Forum and the

51 S. Η. Α., Sev. Alex., 57,1.

52 Cass. Dio, LIX 13,1; LX 10,1; Plin., paneg., 65. Cf. Herod., IV 2,4.
53 Cass. Dio, LIV 35,4-5; LV 2,2; Suet., Claud., 1,5; Tac., ann., XVI 6; etc.
54 Plin., paneg., 8,3.
55 On this topic see Taylor, RVA, 15-33 and Pina Polo, Condones, 182-198.
56 Frontin., aq., II 129.
57 Suet., Aug., 100,3.
58 F. Coarelli, II Foro Romano II. Periodo repubblicano e augusteo, Roma 1985, 314—320.
59 Liv., XXVII 21,1; Cie., Sest., 33; p. red. in Sen., 17; Att., I 14,1.
60 Amm. Marc., XVI 10,13; Liv., II 29,2; III 19,4.
61 Flor., I 5,10; Liv., VIII 14,12; Plin., n. h., XXXIV 20.
62 Ascon., in Cornel., 53 C.; in Mil., 28 C ; 32 C.; Cie., Att., I 14,5; II 24,3; Brut., 57; 161; 305; Cluent., 110;
dom., 123; off., Ill 80; p. red. ad Quir., 17; Q. fr., II 3,1-4; in Vatin., 24; Liv., XXII 25; XXIII 23,1;
XXVII 50,11; XXX 17,3-5; XXXVIII 51,6 and 12; XXXIX 15,1; per., LVIII; CXVI; Schol. Bob., in
Clod., p. 21 14 H; Sen., Suas., VI 19 and 21; Suet., Iul., 6,1; 17,2; 20; Tib., 6,4; Vit., 15,2; Val. Max., II
9,5; VI 2,3; VI 4,2; VI 5,2; VIII 1 Abs. 2; VIII 1 Damn. 2.; Plin., paneg., 65, 1 and 3; S. Η. Α.. Mar. Ant.,
7,11; Tac., ann., Ill 76; IV 12,1; VI; XVI 6,2.

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KLIO 77 1995 213

Comitium.63 The earliest archaeological remains of this structure date from the end of
the sixth or the beginning of fifth century B.C., which would harmonize with the consti-
tutional change from Monarchy to Republic. Nevertheless, an older wooden platform
may possibly have stood on the same site.
In 338 B.C. Caius Menius affixed to the front of the platform the rostra of the ships
seized at Antium. From that time on the tribune was called rostra and in the course of
the following centuries underwent successive changes in shape: it was originally rectan-
gular in form but acquired a curved shape during renovation in the third century. It
remained, however, an independent structure. We cannot assert that the whole construc-
tion at this time had the shape of a theatre in which the rostra represented the stage, as
several scholars have thought64 It is, in fact, unlikely that the Comitium was a circular
enclosure with steps (Cicero avers several times that the Romans unlike the Greeks
always stood during their meetings), although the general arrangement of the different
buildings {curia, rostra, tribunalia and graecostasis) did tend to create a circular area. At any
rate the rostra did remain a free-standing structure which allowed the orator to speak
towards either the Comitium or the Forum, until the Forum as a result of its greater
capacity established itself as the preferred place in which to hold contiones.
Finally, Caesar transferred the Rostra to the western edge of the Forum65 where they
remained throughout the Imperial age. Its remains can still be seen today, although the
tribune underwent several changes in its structure under Augustus, Caligula and Septimi-
us Severus as well as in the fifth century, when Iunius Valentinus, praefectus Urin, added
new prows in the front, which gave it the name of Rostra Vandalica. These changes
show that the orator's tribune was still in use during the Imperial age.

Military contiones
Only the commander-in-chief of the troops could summon a military contio which could
take place in a camp, on the batdefield or even in a town.66 Most known military contio-
nes took place in the camps where the troops stayed. As in the civil contiones the com-
mander spoke to the soldiers from a raised platform: the tribunal67 or suggestum.68 In the
temporary camps, built in the course of a campaign for a few days only, platforms
sometimes consisted of little more than a mound,69 but in permanent camps the tribune
was built of stone within the principia.

63 Cf. F. Coarelli, II Comizio dalle origini alia fine della Repubblica. Cronologia e topografia, PP 32, 1977,
166-238; II Foro Romano I. Periodo arcaico, Roma 1983, and II (vid. supra).
64 E. Sjöqvist, Phyx and Comitium, in G. E. Mylonas (ed.), Studies presented to D. M. Robinson, Saint
Louis (Missouri), 1951, 400-411; J. A. Hanson, Roman Theater-Temples, Princeton 1959, 37-39; C.
Krause, Zur baulichen Gestalt des republikanischen Comitiums, MDAI(R) 83, 1976, 31-69, and Per una
ricostruzione grafica del Comizio, PP 36, 1981, 71—72.
65 Cass.Dio, XLIII 49,1.
66 About this subject see Pina Polo, Contiones, 199-236.
67 Amm. Marc., XIV 10,10; XV 8,4; XVII 13,25; XXI 13,9; Hyg., de mun. castr., 11; Uct., mort. persec.,
19,4; 28,3; Liv., IV 50,4; VIII 32-33; XXII 30,2; XXVIII 26,12; XXX 15,11; S. Η. Α., Car., 12,2; Sev.
Alex., 53,4; 60,7; Suet., Galb., 18; Tac., ann., I 25; 34; 39,4.
68 Amm. Marc., XXI 5,1; Caes., bell. Afr., 86,3; Gall., VI 3; Tac., ann., I 44.
69 Plin., paneg., 56,6; S. Η. Α., Prob., 10,5; Herod., I 5; II 8,1; 10,1; VII 7,3; Amm. Marc., XXIII 5,15;
XXIV 3,3.

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214 F. Pi Ν Λ POLO, Condones in Rome

Under the Monarchy the right to call a military contio belonged exclusively to the king
according to the ancient sources. In the first centuries of the Republic we find that
those who summoned contiones were mosdy consules, but we also hear of tributii militares
with consular power and dictators who did so. Later, by reason of the imperial expan-
sion we see in this role proconsules, praetores (as provincial governors), triumviri (in the Late
Republic) and legato as well. The commander was usually the only orator and other per-
sons rarely spoke, and, if they did, then only with his permission.70 Lower ranking offi-
cers and legato, however, could stand beside him on the platform.
Lictores called the soldiers to the contio by sounding a classicum?x The contio could be
held before or after a consilium, but could be summoned at any time during the day. All
soldiers — socii and foreigners as well — had to attend in formation with or without their
weapons, depending on their activities at the moment. Military contiones could not make
decisions and consisted only of one or more adresses to or harangues of the troops.
In the Imperial age, as civil contiones became less important, military assemblies gained
in importance, since with passage of time the Roman army acquired more power to
make decisions. Some known military contiones did, in fact, make decisions above all with
regard to the proclamation of new emperors. Essentially, however, contiones had the same
features as before, although now the emperor presided over most of them — whether in
the field or at Rome, especially in the pretorians' camp (where the praefectus Urbi72 and
the praefectus praetorio73 also delivered speeches). Most of the emperors tried to establish a
good relationship with the soldiers through contiones, as the support of the latter had
become essential to the rule of the former.

Classification
Laudationes, dona militaria and punishments
After a battle the commander delivered a speech in honour of outstanding soldiers and
gave them rewards (dona militaria). This happened either inmediately after the battle or
more frequently the very next day in a contio consisting of two parts, the laudatio and the
donatio,74 The rewards could be given either to individuals or to groups, as shown in the
Ascoli Bronze, where the entire turma Salluitana receives the Roman citizenship from
Pompeius Strabo in his camp in front of Asculum - undoubtedly within the context of
a contio of the whole army.75
As with the giving of rewards the announcement as well as the enforcement of mili-
tary punishments also took place in contiones, usually immediately after a battle or a riot,
in order to restore discipline quickly.76 It could also have two parts: first the comman-
der's speech, and then the implementation of the penalties by lictores.

70 E.g. Liv., XLIV 37,5. Plin., n. h., II 53 uses in this case producere in contionem.
71 Dion. Hal., IX 8,4; Liv., V 47,7; VIII 7,14; etc.
72 S. Η. Α., Did. Iul., 2,6.
73 Herod., II 2,5-8; S. Η. Α., Pert., 4,5-6; Car., 12,2.
74 Liv., X X V I 48,3; X X X I X 31,17; etc.
75 CIL I 2 709 = I LS 8888.
76 Liv., V 28,8; XXVII 13,1; Frontin., strat., IV 1,40; etc.

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KLIO 77 1995 215

Beginning and end of a campaign. Joining of two armies

A new commander usually delivered a speech to his troops — both in order to introduce
himself and as a formal act of taking command — for the purposes of announcing the
objectives of the campaign. This usually took place at the beginning of a military cam-
paign in connection with the army's annual lustratio,77 Something similar happened if two
different armies were joined: the commander spoke at this time to both armies gathered
together in a meeting.78 Another contio was generally held at the end of a campaign.79
Orders and intelligence
Important orders and intelligence were normally made public in a contio as if they had
been edicts.80 This kind of assembly also served as a means of communicating political
ideas and slogans, especially in the first century B.C. during the civil wars as an indicati-
on of the transfer of the power of making decisions from the Forum to the camp. Cae-
sar understood very well the political meaning of these assemblies and was especially
skilled in military oratory.81
Brfore a battle
Ancient sources often mention meetings before a battle, although they give little infor-
mation about them. Inmediately before ordering an attack the commander harangued his
troops on the importance of victory, patriotism, etc.
Proclamation of an emperor
In the Imperial age the same contiones were still held {dona militaria, harangues before a
battle, etc.), but now there were new ones in which the troops proclaimed an emperor.
This could happen in a province or at Rome.82 Many times this proclamation went hand
in hand with a promise of money by the new emperor.83 In general die soldiers were
often the first to learn news relating to the imperial government: Galba, for example,
proclaimed Piso as his sucessor in a military contio,84

Contiones and politics

As said at the beginning of this paper, it is not my purpose to study the political mean-
ing of contiones. I may however introduce briefly some reflections.
Oratory was in Rome a means of obtaining popularity and political power. Contiones
provided the only venue in which one could put it into practice before the people (in
particular the plebs urbana, who usually made up the most of the audience), for in this

77 Liv., XXVI 41,2; XXXVIII 12,2.

78 Liv., XLI 18,7.
79 Plut, Pomp., 43.
80 In fact Livius uses in these cases the word edicere, as in similar civil contiones: Liv., X X V 25,7; XXVIII
26,4.
81 Suet, Iul., 33; 67,2; Caes., civ., I 7.
82 Suet., Claud., 10,4; Tac., ann., XII 69,2; Cass. Dio LXI 3,1; LXVI 26,3; S.H.A., Mar. Ant., 7,9; Pert., 4;
Herod., II 2,5-8; 6,9-11; S. Η. Α., Did. Iul., 3,3; Herod., IV 4,3-7; Cass. Dio, LXIII 22,2-6; Herod., I 5;
II 8,1-6; 10,1-9; VI 8,6-7; VIII 7,3-6; Cass. Dio LXXIX 32,4; S. Η. Α., Car., 12,2; 13,2.
83 E.g. Suet., Oth., 6,3; S. Η. Α., Ant. Diad., 1 - 2 .
84 Tac., hist., I 17-18; Suet., Galb., 17.

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216 F. ΡΊΝΑ POLO, Condones in Rome

context alone was a direct relationship with the citizens through the medium of speech
possible. Condones were also an intermediary between the senate and the people by way
of the magistrates, or in the imperial age between the emperor and the populus, and
afforded in any case a channel through which to give information to the community.
Condones developed into a place for advertising individual success (including military suc-
cess) and different political points of view as well; it was the only Roman institution
which allowed open discussion of questions of public interest, in the course of which
one could make one's own opinions and ideas known as well as disqualify those of
one's enemies. From the orator's tribune it was possible to create a rumor about some-
one, to generate invidia against a politician. Therefore contiones were a tool with which to
create public opinion and sometimes popular pressure also in order to achieve a political
objective (e.g. the exile or the conviction of an enemy).
Since only magistrates had the right to summon the people, it was important for priva-
te who wanted to have a political role to number such allies amongst their friends. These
could, if necessary, convoke a meeting on behalf of a privates {contionem dare). In this way,
for instance, Cicero could instigate a campaign against Marcus Antonius through his
Philippicae, some of them delivered in contiones, and the until then unknown Octavianus
could appear for the first time before the people after the murder of Caesar.
In short, this kind of assembly played a much greater role in the political struggle in
the Republic, especially in the Late Republic, as by now has been recognized. In particular
here the plebs urbana could acquire important protagonistic functions in Roman politics.

Summary
The purpose of this paper is to examine civil and military contiones throughout the
history of Rome from an institutional and juridical point of view, to determine the evo-
lution of their procedures and functions and to classify the different types of contiones. A
contio was an official assembly of the populus, which a magistrate summoned in order to
speak to the people, but which did not vote. It was the only popular assembly in which
a politician could put oratory into practice before the people. Therefore contiones were a
tool with which to create public opinion and popular pressure, and played a great role in
the political struggle.

Zusammenfassung
Das Ziel dieses Aufsatzes ist, die Entwicklung der zivilen und militärischen contiones in
der Geschichte Roms von einem juristischen und institutionellen Standpunkt zu untersu-
chen. Die contiones waren offizielle Volksversammlungen, die immer von einem Magistra-
ten einberufen wurden. Darin wurden Mitteilungen an das Volk gemacht oder es wurde
eine oder mehrere Reden gehalten, jedoch fand nie eine Abstimmung statt. In Rom
konnte ein Politiker nur in den contiones seine Beredsamkeit und seine Überzeugungs-
fähigkeit vor dem Volk beweisen. Deswegen waren die contiones besonders wichtig für die
Bildung der öffentlichen Meinung und dadurch erlangten sie ihre große politische
Bedeutung.

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