Geniculum

A degree of consanguinity; Spelman. GENS (Lat.) In Roman law. A union of families, who bore the same name, who were of an ingenuous birth (ingenui), none of whose ancestors had been a slave, and who had suffered no capitis diminutio. Gentiles sunt, qui inter se eodem nomine sunt; qui ab ingenuis oriundi sunt; quorum majorwm nemo servitutem servivit; qui capite non sunt deminuti. This definition is given by Cicero (Topic 6), after Scaevola, the pontif ex. But, notwithstanding this high authority, the question as to the organiza.tion of the gens is involved in great obscurity and doubt. The definition of Festus ortus, et is, qui aimili nomine appellatur, ut ait Cineius; Gentiles mihi sunt, qui meo nomine appellantur." Gens and genus are convertible terms; and Cicero defines the latter word; "Genus autem est quod sui similes communione quadam, specie autem differentes, duas aut plures compleetitur partes."

De Oratore 1, 42.

The genus is that which comprehends two or more particulars, similar to one another by having something in common, but differing in species. Prom this it may fairly be concluded that the gens or race comprises several families, always of ingenuous birth, resembling each other by their origin, general name, — nomen, — and common sacrifices or sacred rites, — sacra gentilitia (sui similes communione quadam), — ^but differing from each other by a particular name, — cognomen and agnatio (specie autem differentes). GENTES (Law Lat.) People. Contra omnes gentes, against all people. Bracton, fol.

37b.

Words used in the clause of warranty in old deeds.