The History of Rome, Book I: The Period Anterior to the Abolition of the MonarchyMommsen, Theodor
History
The History of Rome, Book I: The Period Anterior to the Abolition of the Monarchy
Mommsen, Theodor
Rome -- History
2. The formulae of accursing for Gabii and Fidenae are quite
as characteristic (Macrob. Sat. iii. 9). It cannot, however, be
proved and is extremely improbable that, as respects these towns,
there was an actual historical accursing of the ground on which
they were built, such as really took place at Veii, Carthage, and
Fregellae. It may be conjectured that old accursing formularies
were applied to those two hated towns, and were considered by later
antiquaries as historical documents.
3. But there seems to be no good ground for the doubt recently
expressed in a quarter deserving of respect as to the destruction
of Alba having really been the act of Rome. It is true, indeed,
that the account of the destruction of Alba is in its details a
series of improbabilities and impossibilities; but that is true of
every historical fact inwoven into legend. To the question as to
the attitude of the rest of Latium towards the struggle between
Rome and Alba, we are unable to give an answer; but the question
itself rests on a false assumption, for it is not proved that the
constitution of the Latin league absolutely prohibited a separate
war between two Latin communities (I. III. The Latin League). Still
less is the fact that a number of Alban families were received
into the burgess-union of Rome inconsistent with the destruction
of Alba by the Romans. Why may there not have been a Roman party
in Alba just as there was in Capua? The circumstance, however,
of Rome claiming to be in a religious and political point of view
the heir-at-law of Alba may be regarded as decisive of the matter;
for such a claim could not be based on the migration of individual
clans to Rome, but could only be based, as it actually was, on the
conquest of the town.
4. I. VI. Amalgamation of the Palatine and Quirinal Cities
5. Hence was developed the conception, in political law, of the
maritime colony or colony of burgesses (-colonia civium Romanorum-),
that is, of a community separate in fact, but not independent or
possessing a will of its own in law; a community which merged in
the capital as the -peculium- of the son merged in the property
of the father, and which as a standing garrison was exempt from
serving in the legion.
6. To this the enactment of the Twelve Tables undoubtedly has
reference: -Nex[i mancipiique] forti sanatique idem ius esto-,
that is, in dealings of private law the "sound" and the "recovered"
shall be on a footing of equality. The Latin allies cannot be here
referred to, because their legal position was defined by federal
treaties, and the law of the Twelve Tables treated only of the law
of Rome. The -sanates- were the -Latini prisci cives Romani-, or
in other words, the communities of Latium compelled by the Romans
to enter the plebeiate.
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