The origin of the family, private property, and the stateEngels, Friedrich
Philosophy
The origin of the family, private property, and the state
Engels, Friedrich
Families -- History; Morgan, Lewis Henry, 1818-1881. Ancient society; Prehistoric peoples; Property -- History; State, The
The Roman gens is recognized as an institution identical with the
Grecian gens. The Grecian gens being a continuation of the same social
unit, the primordial form of which we found among the American Indians,
the same holds naturally good of the Roman gens, and we can be more
concise in its treatment.
At least during the most ancient times of the city, the Roman gens had
the following constitution:
1. Mutual right of inheritance for gentiles; the wealth remained in the
gens. Paternal law being already in force in the Roman the same as in
the Grecian gens, the offspring of female lineage were excluded.
According to the law of the twelve tablets, the oldest written law of
Rome known to us, the natural children had the first title to the
estate; in case no natural children existed, the agnati (kin of male
lineage) took their place; and last in line came the gentiles. In all
cases the property remained in the gens. Here we observe the gradual
introduction of new legal provisions, caused by increased wealth and
monogamy, into the gentile practice. The originally equal right of
inheritance of the gentiles was first limited in practice to the agnati,
no doubt at a very remote date, and afterwards to the natural children
and their offspring of male lineage. Of course this appears in the
reverse order on the twelve tablets.
2. Possession of a common burial ground. The patrician gens Claudia, on
immigrating into 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.
Public-domain text, read in full here on John Shaqi.
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