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that old accursing formularies were applied to those two hated towns, and were considered by later antiquaries as historical documents.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.
7. The community of Bovillae appears even to have been formed out of part of the Alban domain, and to have been admitted in room of Alba among the autonomous Latin towns. Its Alban origin is attested by its having been the seat of worship for the Julian gens and by the name -Albani Longani Bovillenses- (Orelli-Henzen, 119, 2252, 6019); its autonomy by Dionysius, v. 61, and Cicero, pro Plancio, 9, 23.