Cicero consistently maintains a distinction between the sacral and augural
departments of Roman religion. The mass of all other evidence confirms that
the term 'sacerdos' is restricted to those priests of the sacral sphere, o
pposed to 'augures' in theirs. In a few texts, however, the augurs are clea
rly included among sacerdotes. Why? The context of these passages suggests
an answer: the Domitianic legislation of 104 BC utilized the 'comitia sacer
dotum' of 17 tribes; to be elected in this assembly, augures had to be term
ed sacerdotes temporarily by a legal fiction. Cicero's apparent inclusion o
f augures among sacerdotes at leg. 2.20-21 is then called into question. Co
nsideration of the standard usage and limited exceptions, the ms. authority
, and Latinity all recommend reading 'duo' (genera sacerdotum), not 'tria'.