Page:Ancient Law.djvu/216

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CHAP. VI.
END OF THE COMITIA CALATA.
203

bable functions may be best indicated by saying that it was a Court of Registration, with the understanding however that the Wills exhibited were not enrolled, but simply recited to the members, who were supposed to take note of their tenor and to commit them to memory. It is very likely that this form of Testament was never reduced to writing at all, but at all events if the Will had been originally written, the office of the Comitia was certainly confined to hearing it read aloud, the document being retained afterwards in the custody of the Testator, or deposited under the safeguard of some religious corporation. This publicity may have been one of the incidents of the Testament executed in the Comitia Calata which brought it into popular disfavour. In the early years of the Empire the Comitia still held its meetings, but they seem to have lapsed into the merest form, and few Wills, or none, were probably presented at the periodical sitting.

It is the ancient Plebeian Will—the alternative of the Testament just described—which in its remote effects has deeply modified the civilisation of the modern world. It acquired at Rome all the popularity which the Testament submitted to the Calata Comitia appears to have lost. The key to all its characteristics lies in its descent from the mancipium, or ancient Roman conveyance, a proceeding to