All the nations of antiquity lived in fixed forms, and their civil
relations were always marked by various divisions and subdivisions. When
cities raise themselves to the rank of nations, we always find a
division at first into tribes; Herodotus mentions such tribes in the
colonization of Cyrene, and the same was afterward the case at the
foundation of Thurii; but when a place existed anywhere as a distinct
township, its nature was characterized by the fact of its citizens being
at a certain time divided into _gentes_ [Greek: gene], each of which had
a common chapel and a common hero. These _gentes_ were united in
definite numerical proportions into _curiae_ [Greek: phratrai]. The
_gentes_ are not families, but free corporations, sometimes close and
sometimes open; in certain cases the whole body of the state might
assign to them new associates; the great council at Venice was a close
body, and no one could be admitted whose ancestors had not been in it,
and such also was the case in many oligarchical states of antiquity.
All civil communities had a council and an assembly of burghers, that
is, a small and a great council; the burghers consisted of the guilds or
_gentes_, and these again were united, as it were, in parishes; all the
Latin towns had a council of one hundred members, who were divided into
ten _curiae_; this division gave rise to the name of _decuriones_, which
remained in use as a title of civic magistrates down to the latest
times, and through the _lex Julia_ was transferred to the constitution
of the Italian _municipia_. That this council consisted of one hundred
persons has been proved by Savigny, in the first volume of his history
of the Roman law. This constitution continued to exist till a late
period of the middle ages, but perished when the institution of guilds
took the place of municipal constitutions. Giovanni Villani says, that
previously to the revolution in the twelfth century there were at
Florence one hundred _buoni nomini_, who had the administration of the
city. There is nothing in the German cities which answers to this
constitution. We must not conceive those hundred to have been nobles;
they were an assembly of burghers and country people, as was the case in
our small imperial cities, or as in the small cantons of Switzerland.
Each of them represented a _gens_; and they are those whom Propertius
calls _patres pelliti_. The _curia_ of Rome, a cottage covered with
straw, was a faithful memorial of the times when Rome stood buried in
the night of history, as a small country town surrounded by its little
domain.
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