The crisis in reference to the supremacy of the Italian waters was approaching; by land the contest was decided. For the first time Italy was united into one state under the sovereignty of the Roman community. What political prerogatives the Roman community on this occasion withdrew from all the other Italian communities and took into its own sole keeping, or in other words, what conception in state-law is to be associated with this sovereignty of Rome, we are nowhere expressly informed, and--a significant circumstance, indicating prudent calculation--there does not even exist any generally current expression for that conception.(24) The only privileges that demonstrably belonged to it were the rights of making war, of concluding treaties, and of coining money. No Italian community could declare war against any foreign state, or even negotiate with it, or coin money for circulation. On the other hand every declaration of war made by the Roman people and every state-treaty resolved upon by it were binding in law on all the other Italian communities, and the silver money of Rome was legally current throughout all Italy. It is probable that the formulated prerogatives of the leading community extended no further. But to these there were necessarily attached rights of sovereignty that practically went far beyond them.
The Full Roman Franchise
The relations, which the Italians sustained to the leading community, exhibited in detail great inequalities. In this point of view, in addition to the full burgesses of Rome, there were three different classes of subjects to be distinguished. The full franchise itself, in the first place, was extended as far as was possible, without wholly abandoning the idea of an urban commonwealth as applied to the Roman commune. The old burgess-domain had hitherto been enlarged chiefly by individual assignation in such a way that southern Etruria as far as towards Caere and Falerii,(25) the districts taken from the Hernici on the Sacco and on the Anio(26) the largest part of the Sabine country(27) and large tracts of the territory formerly Volscian, especially the Pomptine plain(28) were converted into land for Roman farmers, and new burgess-districts were instituted mostly for their inhabitants. The same course had even already been taken with the Falernian district on the Volturnus ceded by Capua.(29) All these burgesses domiciled outside of Rome were without a commonwealth and an administration of their own; on the assigned territory there arose at the most market-villages (-fora et conciliabula-). In a position not greatly different were placed the burgesses sent out to the so-called maritime colonies mentioned above, who were likewise left in possession of the full burgess-rights of Rome, and whose self-administration was of little moment. Towards the close of this period the Roman community appears to have begun to grant full burgess-rights to the adjoining communities of passive burgesses who were of like or closely kindred nationality; this was probably done first for Tusculum,(30) and so, presumably, also for the other communities of passive burgesses in Latium proper, then at the end of this period (486) was extended to the Sabine towns, which doubtless were even then essentially Latinized and had given sufficient proof of their fidelity in the last severe war. These towns retained the restricted self-administration, which under their earlier legal position belonged to them, even after their admission into the Roman burgess-union; it was they more than the maritime colonies that furnished the model for the special commonwealths subsisting within the body of Roman full burgesses and so, in the course of time, for the Roman municipal organization. Accordingly the range of the full Roman burgesses must at the end of this epoch have extended northward as far as the vicinity of Caere, eastward as far as the Apennines, and southward as far as Tarracina; although in this case indeed we cannot speak of boundary in a strict sense, partly because a number of federal towns with Latin rights, such as Tibur, Praeneste, Signia, Norba, Circeii, were found within these bounds, partly because beyond them the inhabitants of Minturnae, Sinuessa, of the Falernian territory, of the town Sena Gallica and some other townships, likewise possessed the full franchise, and families of Roman farmers were presumably to be even now found scattered throughout Italy, either isolated or united in villages.
Subject Communities
Among the subject communities the passive burgesses (-cives sine suffragio-) apart from the privilege of electing and being elected, stood on an equality of rights and duties with the full burgesses. Their legal position was regulated by the decrees of the Roman comitia and the rules issued for them by the Roman praetor, which, however, were doubtless based essentially on the previous arrangements. Justice was administered for them by the Roman praetor or his deputies (-praefecti-) annually sent to the individual communities. Those of them in a better position, such as the city of Capua,(31) retained self-administration and along with it the continued use of the native language, and had officials of their own who took charge of the levy and the census. The communities of inferior rights such as Caere(32) were deprived even of self-administration, and this was doubtless the most oppressive among the different forms of subjection. However, as was above remarked, there is already apparent at the close of this period an effort to incorporate these communities, at least so far as they were -de facto- Latinized, among the full burgesses.
Latins
Among the subject communities the most privileged and most important class was that of the Latin towns, which obtained accessions equally numerous and important in the autonomous communities founded by Rome within and even beyond Italy--the Latin colonies, as they were called --and was always increasing in consequence of new settlements of the same nature.