Page:The history of Rome. Translated with the author's sanction and additions.djvu/62

42 respecting the more important civil effects of this association, we can do little else than institute conjectures.

From the most ancient times there were held, in connection with the religious festival on the Mount of Alba, assemblies of the representatives of the several communities at the neighbouring Latin seat of justice at the source of the Ferentina (near Marino). Indeed, such a confederacy cannot be conceived to exist without having a certain power of superintendence over the associated body, and without possessing a system of law binding on all. Tradition records, and we can well believe, that the league exercised jurisdicdiction in reference to violations of federal law, and that it could in such cases pronounce even sentence of death. The equality in respect of legal rights and of intermarriage that subsisted among the Latin communities at a later date, may perhaps be regarded as an integral part of the primitive law of the league, so that in that case any Latin man could beget lawful children with any Latin woman, and acquire landed property and carry on trade in any part of Latium. The league probably also provided a federal tribunal of arbitration in the mutual disputes of the cantons; on the other hand, there is no proof that the league imposed any limitation on the sovereign right of each community to make peace or war. In like manner there can be no doubt that the constitution of the league implied the possibility of its carrying on a defensive or even an aggressive war; in which case, of course, it would be necessary to have a commander-in-chief (dux). But we have no reason to suppose that in such an event each community was compelled by law to furnish a contingent for the army, or that, conversely, any one was interdicted from undertaking a war on its own account, even against a member of the league. There are, however, indications that during the Latin festival, just as was the case during the festivals of the Hellenic leagues, "a truce of God" was observed throughout all Latium; and probably on that occasion even tribes at feud granted safe-conducts to each other.

It is still less in our power to define the privileges of the presiding canton; only we may safely affirm that there is no reason for recognizing in the Alban presidency a real