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Updated: June 13, 2025
The case of the Swiss Confederation and its claim to rank as a nation would be like the case of those gentes, if any such there were, which did not spring even from the expansion of an original family, but which were artificially formed in imitation of those which did, and which, instead of a real or traditional forefather, chose for themselves an adopted one.
It is, moreover, now ascertained that they are slowly increasing. The Iroquois were in five independent tribes, occupied territories contiguous to each other, and spoke dialects of the same language which were mutually intelligible. Beside these facts, certain gentes were common in the several tribes, as has been shown.
Now that the plebeian families ennobled by their curule ancestors were united into one body with the patrician families and acquired a distinctive position and distinguished power in the commonwealth, the Romans had again arrived at the point whence they had started; there was once more not merely a governing aristocracy and a hereditary nobility both of which in fact had never disappeared but there was a governing hereditary nobility, and the feud between the gentes in possession of the government and the commons rising in revolt against the gentes could not but begin afresh.
Tazewell was fond of repeating that eloquent and exact definition of the general law, which Lord Mansfield, plucking it from the fragments of Cicero's work on the Republic, has made the household thought of our common nature: Non erit alia lex Romæ, alia Athenis, alia nunc, alia posthac, sed et apud omnes gentes et omnia tempora, una eademque lex obtinebit.
It has been observed by others, that this Poet has founded his Tragedy of Venice Preserved on so wrong a Plot, that the greatest Characters in it are those of Rebels and Traitors. So also Minutius Felix, 'Adversus Gentes:
This prohibition tends to show that the gentes of each phratry were subdivisions of an original gens and therefore the prohibition against marrying into a person's own gens had followed to its subdivisions. This restriction however was long since removed except with respect to the gens of the individual.
It is further suspected by all who have examined their history that the Communities, like the Gentes, have been very generally adulterated by the admission of strangers, but the exact mode of absorption cannot now be ascertained. At present, they are recruited, as Elphinstone tells us, by the admission of purchasers, with the consent of the brotherhood.
It has been already stated that the archeologic affinities of this region are northern and do not conform to any type now found in the south; and it is known that some of the Tusayan gentes the water people came from the south.
Where the gentile organization exists, the organic series gives all the terms which are needed for a correct description. An Indian tribe is composed of several gentes, developed from two or more, all the members of which are intermingled by marriage, and all of whom speak the same dialect. To a stranger the tribe is visible, and not the gens.
Olim regibus parebant, nunc per principes factionibus et studiis trahuntur: nec aliud adversus validissimas gentes pro nobis utilius, quam quod in commune non consulunt. Rarus duabus tribusve civitatibus ad propulsandum commune periculum conventus: ita, dum singuli pugnant, universi vincuntur. Coelum crebris imbribus ac nebulis foedum: asperitas frigorum abest.
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