o Rome from Regilli, was assigned to a separate lot of
land and received its own burial ground in the city. As late as the time
of Augustus, the head of Varus, who had been killed in the Teutoburger
Wald, was brought to Rome and interred in the gentilitius tumulus; hence
his gens (Quinctilia) still had its own tomb.
3. Common religious rites. These are well-known under the name of sacra
gentilitia.
4. Obligation not to intermarry in the gens. It seems that this was
never a written law in Rome, but the custom remained. Among the
innumerable names of Roman couples preserved for us there is not a
single case, where husband and wife had the same gentile name. The law
of inheritance proves the same rule. By marrying, a woman loses her
agnatic privileges, discards her gens, and neither she nor her children
have any title to her father's estate nor to that of his brothers,
because otherwise the gens of her father would lose his property. This
rule has a meaning only then when the woman is not permitted to marry a
gentile.
5. A common piece of land. In primeval days this was always obtained
when the tribal territory was first divided. Among the Latin tribes we
find the land partly in the possession of the tribe, partly of the gens,
and partly of the households that could hardly represent single families
at such an early date. Romulus is credited with being the first to
assign land to single individuals, about 2.47 acres (two jugera) per
head. But later on we still find some land in the hands of the gentes,
not to mention the state land, around which turns the whole internal
history of the republic.
6. Duty of the gentiles to mutually protect and assist one another.
Written history records only remnants of this law. The Roman state from
the outset manifested such superior power, that the duty of protection
against injury devolved upon it. When Appius Claudius was arrested, his
whole gens, including his personal enemies, dressed in mourning. At the
time of the second Punic war the gentes united for the purpose of
ransoming their captured gentiles. The senate vetoed this.
7. Right to bear the gentile name. This was in force until the time of
the emperors. Freed slaves were permitted to assume the gentile name of
their former master, but this did not bestow any gentile rights on them.
8. Right of adopting strangers into the gens. This was done by adoption
into the family (the same as among the Indians) which brought wit
|