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Updated: May 21, 2025
In other respects these colonial foundations were based, doubtless, like the older ones, on a decree of the people, but only indirectly, in so far as the regent constituted them by virtue of the clause of the Valerian law to that effect; in reality they originated from the ruler's plenitude of power, and so far recalled the freedom with which the former regal authority disposed of the state-property.
Their unions were not recognized: a fact which reminds us of the distinction among the Romans between connubium and contubernium; and the children of a slave-mother by a free father remained slaves.* In the seventh century, however, private slaves were declared state-property, and great numbers were then emancipated, including nearly all probably all who were artizans or followed useful callings.
In other respects these colonial foundations were based, doubtless, like the older ones, on a decree of the people, but only indirectly, in so far as the regent constituted them by virtue of the clause of the Valerian law to that effect; in reality they originated from the ruler's plenitude of power, and so far recalled the freedom with which the former regal authority disposed of the state-property.
In Apulia, no doubt, assignations of land took place afterwards, but the colonies instituted there were not successful. The beautiful plain of Campania remained more populous; but the territory of Capua and of the other communities broken up in the Hannibalic war became state-property, and the occupants of it were uniformly not proprietors, but petty temporary lessees.
They also bring up before the law-courts the list of farms and houses claimed as state-property; and if it is decided that they are so, they deliver them to the Commissioners for Public Contracts. The Eleven also bring up informations laid against magistrates alleged to be disqualified; this function comes within their province, but some such cases are brought up by the Thesmothetae.
In Apulia, no doubt, assignations of land took place afterwards, but the colonies instituted there were not successful. The beautiful plain of Campania remained more populous; but the territory of Capua and of the other communities broken up in the Hannibalic war became state-property, and the occupants of it were uniformly not proprietors, but petty temporary lessees.
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