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Updated: June 12, 2025
Accordingly, in saying that the nearest cognate is preferred in the succession, or that, if there are several cognates in the nearest degree, they are called equally, we mean that this is the case if no one is entitled to priority, according to what we have said, as either being or ranking as a family heir, or as being an agnate; the only exceptions to this being emancipated brothers and sisters of the deceased who are called to succeed him, and who, in spite of their loss of status, are preferred to other agnates in a remoter degree than themselves.
II. III. Military Tribunes with Consular Powers All these insignia probably belonged on their first emergence only to the nobility proper, i. e. to the agnate descendants of curule magistrates; although, after the manner of such decorations, all of them in course of time were extended to a wider circle. II. III. Civic Equality Plin. H. N. xxi. 3, 6. II. III. Praetorship
It was enacted that all the children should be called to the estate, whether they had been under the power of the testator at the time of his death or not; and female relatives were now allowed to come in for their share "in the third degree," that is, if there was neither a child or an agnate surviving.
That in Caesar's lifetime the -imperium- as well as the supreme pontificate was rendered by a formal legislative act hereditary for his agnate descendants of his own body or through the medium of adoption was asserted by Caesar the Younger as his legal title to rule.
The domain thus held in common is sometimes administered by an elected manager, but more generally, and in some provinces always, it is managed by the eldest agnate, by the eldest representative of the eldest line of the stock.
Thus, brothers by the same father are agnates, whether by the same mother or not, and are called 'consanguinei'; an uncle is agnate to his brother's son, and vice versa; and the children of brothers by the same father, who are called 'consobrini, are one another's agnates, so that it is easy to arrive at various degrees of agnation.
Thus the son of your father's sister is no agnate of yours, but merely your cognate, and vice versa; for children are member's of their father's family, and not of your mother's.
That in Caesar's lifetime the -imperium- as well as the supreme pontificate was rendered by a formal legislative act hereditary for his agnate descendants of his own body or through the medium of adoption was asserted by Caesar the Younger as his legal title to rule.
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. And although it be so ancient, I still recollect all that was said.
II. III. Military Tribunes with Consular Powers All these insignia probably belonged on their first emergence only to the nobility proper, i. e. to the agnate descendants of curule magistrates; although, after the manner of such decorations, all of them in course of time were extended to a wider circle. II. III. Civic Equality Plin. H. N. xxi. 3, 6. II. III. Praetorship
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