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Italian Subjects - Passive Burgesses

The change in the spirit of the government was most distinctly apparent in the treatment of the Italian and extra-Italian subjects of the Roman community. Formerly there had been distinguished in Italy the ordinary, and the Latin, allied communities, the Roman burgesses sine suffragio and the Roman burgesses with the full franchise. Of these four classes the third was in the course of this period almost completely set aside, inasmuch as the course which had been earlier taken with the communities of passive burgesses in Latium and Sabina, was now applied also to those of the former Volscian territory, and these gradually - the last perhaps being in the year 566 Arpinum, Fundi, and Formiae - obtained full burgess-rights. In Campania Capua along with a number of minor communities in the neighbourhood was broken up in consequence of its revolt from Rome in the Hannibalic war. Although some few communities, such as Velitrae in the Volscian territory, Teanum and Cumae in Campania, may have remained on their earlier legal footing, yet, looking at the matter in the main, this franchise of a passive character may be held as now superseded.

Dediticii

On the other hand there emerged a new class in a position of peculiar inferiority, without communal freedom and the right to carry arms, and, in part, treated almost like public slaves (peregrini dediticii); to which, in particular, the members of the former Campanian, southern Picentine, and Bruttian communities, that had been in alliance with Hannibal[25], belonged. To these were added the Celtic tribes tolerated on the south side of the Alps, whose position in relation to the Italian confederacy is indeed only known imperfectly, but is sufficiently characterized as inferior by the clause embodied in their treaties of alliance with Rome, that no member of these communities should ever be allowed to acquire Roman citizenship[26].

Allies

The position of the non-Latin allies had, as we have mentioned before[27], undergone a change greatly to their disadvantage in consequence of the Hannibalic war. Only a few communities in this category, such as Neapolis, Nola, Rhegium, and Heraclea, had during all the vicissitudes of that war remained steadfastly on the Roman side, and therefore retained their former rights as allies unaltered; by far the greater portion were obliged in consequence of having changed sides to acquiesce in a revision of the existing treaties to their disadvantage. The reduced position of the non-Latin allies is attested by the emigration from their communities into the Latin: when in 577 the Samnites and Paelignians applied to the senate for a reduction of their contingents, their request was based on the ground that during late years 4000 Samnite and Paelignian families had migrated to the Latin colony of Fregellae.

Latins

That the Latins - which term now denoted the few towns in old Latium that were not included in the Roman burgess-union, such as Tibur and Praeneste, the allied cities placed in law on the same footing with them, such as several of the Hernican towns, and the Latin colonies dispersed throughout Italy - were still at this time in a better position, is implied in their very name; but they too had, in proportion, hardly less deteriorated. The burdens imposed on them were unjustly increased, and the pressure of military service was more and more devolved from the burgesses upon them and the other Italian allies. For instance, in 536, nearly twice as many of the allies were called out as of the burgesses: after the end of the Hannibalic war all the burgesses received their discharge, but not all the allies; the latter were chiefly employed for garrison duty and for the odious service in Spain; in the triumphal largess of 577 the allies received not as formerly an equal share with the burgesses, but only the half, so that amidst the unrestrained rejoicing of that soldiers' carnival the divisions thus treated as inferior followed the chariot of victory in sullen silence: in the assignations of land in northern Italy the burgesses received ten jugera of arable land each, the non-burgesses three jugera each. The unlimited liberty of migration had already at an earlier period been taken from the Latin communities, and migration to Rome was only allowed to them in the event of their leaving behind children of their own and a portion of their estate in the community which had been their home[28]. But these burdensome requirements were in various ways evaded or transgressed; and the crowding of the burgesses of Latin townships to Rome, and the complaints of their magistrates as to the increasing depopulation of the cities and the impossibility under such circumstances of furnishing the fixed contingent, led the Roman government to institute police-ejections from the capital on a large scale (567, 577). The measure might be unavoidable, but it was none the less severely felt. Moreover, the towns laid out by Rome in the interior of Italy began towards the close of this period to receive instead of Latin rights the full franchise, which previously had only been given to the maritime colonies; and the enlargement of the Latin body by the accession of new communities, which hitherto had gone on so regularly, thus came to an end. Aquileia, the establishment of which began in 571, was the latest of the Italian colonies of Rome that received Latin rights; the full franchise was given to the colonies, sent forth nearly at the same time, of Potentia, Pisaurum, Mutina, Parma, and Luna (570-577). The reason for this evidently lay in the decline of the Latin as compared with the Roman franchise. The colonists conducted to the new settlements were always, and now more than ever, chosen in preponderating number from the Roman burgesses; and even among the poorer portion of these there was a lack of people willing, for the sake even of acquiring considerable material advantages, to exchange their rights as burgesses for those of the Latin franchise. Roman Franchise More Difficult of Acquisition Lastly, in the case of non-burgesses - communities as well as individuals - admission to the Roman franchise was almost completely foreclosed. The earlier course incorporating the subject communities in that of Rome had been dropped about 400, that the Roman burgess body might not be too much decentralized by its undue extension; and therefore communities of half-burgesses were instituted[29]. Now the centralization of the community was abandoned, partly through the admission of the half-burgess communities to the full franchise, partly through the accession of numerous more remote burgess-colonies to its ranks; but the older system of incorporation was not resumed with reference to the allied communities. It cannot be shown that after the complete subjugation of Italy even a single Italian community exchanged its position as an ally for the Roman franchise; probably none after that date in reality acquired it Even the transition of individual Italians to the Roman franchise was confined almost solely to the case of magistrates of the Latin communities[30] and, by special favour, of individual non-burgesses admitted to share it at the founding of burgess-colonies[31].

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25. III. VI. In Italy.

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26. III. VII. Celtic Wars.

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27. III. VI In Italy.

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28. III. VII. Latins.

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29. II. VII. Non-Latin Allied Communities.

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30. III. VII. Latins.

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31. Thus, as is well known, Ennius of Rudiae received burgess-rights from one of the triumvirs, Q. Fulvius Nobilior, on occasion of the founding of the burgess-colonies of Potentia and Pisaurum (Cic. Brut. 20, 79); whereupon, according to the well-known custom, he adopted the -praenomen- of the latter. The non-burgesses who were sent to share in the foundation of a burgess-colony, did not, at least in tin's epoch, thereby acquire de jure Roman citizenship, although they frequently usurped it (Liv. xxxiv. 42); but the magistrates charged with the founding of a colony were empowered, by a clause in the decree of the people relative to each case, to confer burgess-rights on a limited number of persons (Cic. pro Balb. 21, 48).