transfer of the liberta to another gens." (Lange, Römische Alterthümer, Berlin, 1856, I, p. 185, where our passage from Livy is explained by a reference to Huschke.) If this view is correct, then the passage proves still less for the relations of free Roman women, and there is so much less ground for speaking of their obligation to intermarry in the gens.
The expression enuptio gentis (marriage outside of the gens) occurs only in this single passage and is not found anywhere else in the entire Roman literature. The word enubere (to marry outside) is found only three times likewise in Livy, and not in reference to the gens. The phantastic idea that Roman women had to intermarry in the gens owes its existence only to this single passage. But it cannot be maintained. For either the passage refers to special restrictions for freed slave women, in which case it proves nothing for free women (ingenuae). Or it applies also to free women, in which case it rather proves that the women as a rule married outside of the gens and were transferred by their marriage to their husbands' gens. This would be a point for Morgan against Mommsen.
Almost three hundred years after the foundation of Rome the gentile bonds were still so strong that a patrician gens, the Fabians, could obtain permission from the senate to undertake all by itself a war expedition against the neighboring town of Veii. Three hundred and six Fabians are said to have marched
… Legal science extended the meaning of the term so that it related not alone to slaves, but also to minors and women. This legal right, so conceived, could be curtailed in three ways: Capitis deminutio maxima was the loss of the status libertatis (personal liberty), which included the loss of the status civitatis and familiae (civil and family rights); the capitis deminutio minor or media was the loss of the status civitatis (civil rights), including the loss of the status familiae (family rights); the capitis deminutio minima, was the loss of the status familiae (family rights). Lange, Romische Alterthumer. Berlin, 1876, Vol. I., p. 204.
