what was not in law but in fact a new war began (327).  In other instances a question of administration was hardly submitted to the people except when the governing authorities fell into collision and one of them referred the matter to the people—­as when the leaders of the moderate party among the nobility, Lucius Valerius and Marcus Horatius, in 305, and the first plebeian dictator, Gaius Marcius Rutilus, in 398, were not allowed by the senate to receive the triumphs they had earned; when the consuls of 459 could not agree as to their respective provinces of jurisdiction; and when the senate, in 364, resolved to give up to the Gauls an ambassador who had forgotten his duty, and a consular tribune carried the matter to the community.  This was the first occasion on which a decree of the senate was annulled by the people; and heavily the community atoned for it.  Sometimes in difficult cases the government left the decision to the people, as first, when Caere sued for peace, after the people had declared war against it but before war had actually begun (401); and at a subsequent period, when the senate hesitated to reject unceremoniously the humble entreaty of the Samnites for peace (436).  It is not till towards the close of this epoch that we find a considerably extended intervention of the -comitia tributa- in affairs of administration, particularly through the practice of consulting it as to the conclusion of peace and of alliances:  this extension probably dates from the Hortensian law of 467.

Decreasing Importance of the Burgess-Body

But notwithstanding these enlargements of the powers of the burgess-assemblies, their practical influence on state affairs began, particularly towards the close of this period, to wane.  First of all, the extension of the bounds of Rome deprived her primary assembly of its true basis.  As an assembly of the freeholders of the community, it formerly might very well meet in sufficiently full numbers, and might very well know its own wishes, even without discussion; but the Roman burgess-body had now become less a civic community than a state.  The fact that those dwelling together voted also with each other, no doubt, introduced into the Roman comitia, at least when the voting was by tribes, a sort of inward connection and into the voting now and then energy and independence; but under ordinary circumstances the composition of the comitia and their decision were left dependent on the person who presided or on accident, or were committed to the hands of the burgesses domiciled in the capital.  It is, therefore, quite easy to understand how the assemblies of the burgesses, which had great practical importance during the first two centuries of the republic, gradually became a mere instrument in the hands of the presiding magistrate, and in truth a very dangerous instrument, because the magistrates called to preside were so numerous, and every resolution of the community was regarded as the ultimate legal expression of the will of the