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This was not much of an improvement; and the principle of agnate succession is the only point in which Roman law failed to give to women those equal rights which it allowed them in other cases. There is no point on which Roman law laid more stress than that the children, both male and female, were to be constantly protected and must receive their legal share of their father's or mother's goods.
2 The relation of agnation can also be established by adoption, for instance, between a man's own sons and those whom he has adopted, all of whom are properly called consanguinei in relation to one another. So, too, if your brother, or your paternal uncle, or even a more remote agnate, adopts any one, that person undoubtedly becomes one of your agnates.
Thou art my agnate, and lovely to behold. so thou shouldst not be slain by me, yet I shall to-day devour thee! Do thou behold the dispensation of Destiny! And be it a buffalo, or an elephant, none coming within my reach at the sixth division of the day, can, O best of men, escape.
According to the laws of Germany governing the succession of its sovereign houses, the regency in such a case as that presented by the principality of Lippe, should have fallen to the lot of the nearest living agnate. The latter happened to be Count Ernest of Lippe, chief of the Beisterfeld branch of the Lippe family.
The conditions under which the Belgian province of Luxemburg was created, by the Treaty of Vienna in 1815, a grand-duchy under the sovereignty of the head of the House of Orange-Nassau with succession in default of heirs-male by the family compact, known as the Nassauischer Erbverein, to the nearest male agnate of the elder branch of the Nassau family, have already been related.
Even when sui iuris a woman could not acquire power over any one, not even over her own children ; for these an agnate a male relative on the father's side was appointed guardian, and the mother was obliged to render him and her children an account of any property which she had managed for them. On the other hand, her children were bound to support her. So much for the laws on the subject.
6 If a man dies without having made a will at all, the agnate who takes is the one who was nearest at the time of the death of the deceased. This hard rule again the praetors did not leave entirely without correction, though their remedy, which consisted in the admission of such persons, since they were excluded from the rights of agnation, in the rank of cognates, was inadequate.
The rule was one of considerable importance to the Roman practitioner, who required to be reminded that, wherever Roman jurisprudence was assumed to conform itself exactly to the code of Nature, there was no difference in the contemplation of the Roman tribunals between citizen and foreigner, between freeman and slave, between Agnate and Cognate.
And although that statute, in speaking of the nearest agnate, uses the singular number, there is no doubt that if there are several of the same degree they are all admitted: for though properly one can speak of 'the nearest degree' only when there are several, yet it is certain that even though all the agnates are in the same degree the inheritance belongs to them.
But as it was most unjust that such females should be as completely excluded as if they were strangers, the praetor admits them to the possession of goods promised in that part of the edict in which mere natural kinship is recognised as a title to succession, under which they take provided there is no agnate, or other cognate of a nearer degree of relationship.
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