The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of ItalyMommsen, Theodor
History
The History of Rome, Book II: From the Abolition of the Monarchy in Rome to the Union of Italy
Mommsen, Theodor
Rome -- History
These stipulations must probably even in the regal period, certainly
in the republican epoch, have undergone alteration more and more to
the disadvantage of the confederacy and to the further development of
the hegemony of Rome. The earliest that fell into abeyance was beyond
doubt the right of the confederacy to make wars and treaties with
foreigners;(3) the decision of war and treaty passed once for all to
Rome. The staff officers for the Latin troops must doubtless in
earlier times have been likewise Latins; afterwards for that
purpose Roman citizens were taken, if not exclusively, at any rate
predominantly.(4) On the other hand, afterwards as formerly, no
stronger contingent could be demanded from the Latin confederacy
as a whole than was furnished by the Roman community; and the Roman
commander-in-chief was likewise bound not to break up the Latin
contingents, but to keep the contingent sent by each community as a
separate division of the army under the leader whom that community had
appointed.(5) The right of the Latin confederacy to an equal share in
the moveable spoil and in the conquered land continued to subsist in
form; in reality, however, the substantial fruits of war beyond doubt
went, even at an early period, to the leading state. Even in the
founding of the federal fortresses or the so-called Latin colonies
as a rule presumably most, and not unfrequently all, of the colonists
were Romans; and although by the transference they were converted from
Roman burgesses into members of an allied community, the newly planted
township in all probability frequently retained a preponderant--and
for the confederacy dangerous--attachment to the real mother-city.
Private Rights
The rights, on the contrary, which were secured by the federal
treaties to the individual burgess of one of the allied communities
in every city belonging to the league, underwent no restriction.
These included, in particular, full equality of rights as to the
acquisition of landed property and moveable estate, as to traffic
and exchange, marriage and testament, and an unlimited liberty of
migration; so that not only was a man who had burgess-rights in a
town of the league legally entitled to settle in any other, but
whereever he settled, he as a right-sharer (-municeps-) participated
in all private and political rights and duties with the exception of
eligibility to office, and was even--although in a limited fashion
--entitled to vote at least in the -comitia tributa-.(6)
Of some such nature, in all probability, was the relation between
the Roman community and the Latin confederacy in the first period
of the republic. We cannot, however ascertain what elements are
to be referred to earlier stipulations, and what to the revision
of the alliance in 261.
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