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Meanwhile the Bruttian army of the Carthaginians under Hanno had various encounters in Lucania with the Roman army of Apulia; here Tiberius Gracchus sustained the struggle with good results, and after a successful combat not far from Beneventum, in which the slave legions pressed into service had distinguished themselves, he bestowed liberty and burgess-rights on his slave-soldiers in the name of the people.
This was the -abrogatio-. In the ordinary course of law burgess-rights could only be acquired by birth and could never be lost unless the community should confer the patriciate or allow its surrender; neither of which acts, doubtless, could be validly done originally without a decree of the curies.
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.
Of course the conquered, whether transferred or not, were ordinarily compelled to occupy the legal position of clients; but particular individuals or clans occasionally had burgess-rights or, in other words, the patriciate conferred upon them.
Of course the conquered, whether transferred or not, were ordinarily compelled to occupy the legal position of clients; but particular individuals or clans occasionally had burgess-rights or, in other words, the patriciate conferred upon them.
The clients and their posterity did not by virtue of their position possess either the rights of burgesses or those of guests: for to constitute a burgess a formal bestowal of the privilege was requisite on the part of the community, while the relation of guest presumed the holding of burgess-rights in a community which had a treaty with Rome.
It was the community, not the censor, that conferred burgess-rights; but the person, to whom the latter in making up the list of persons entitled to vote did not assign a place or assigned an inferior one, did not lose his burgess-right, but could not exercise the privileges of a burgess, or could only exercise them in the inferior place, till the preparation of a new list.
It was the community, not the censor, that conferred burgess-rights; but the person, to whom the latter in making up the list of persons entitled to vote did not assign a place or assigned an inferior one, did not lose his burgess-right, but could not exercise the privileges of a burgess, or could only exercise them in the inferior place, till the preparation of a new list.
Marcus Fulvius Flaccus retorted in the following year as consul with the proposal to facilitate the acquisition of burgess-rights by the burgesses of the allied communities, and to concede even to those who had not acquired them an appeal to the Roman comitia against penal judgments.
The Roman Community On this Roman household was based the Roman state, as respected both its constituent elements and its form. Whoever belonged to one of these clans was a burgess of Rome. Every marriage concluded in the usual forms within this circle was valid as a true Roman marriage, and conferred burgess-rights on the children begotten of it.
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