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Updated: May 9, 2025
I dwell a little on the process which is practically followed in separating them from the Cognates, because it explains a memorable legal maxim, "Mulier est finis familiæ" a woman is the terminus of the family. A female name closes the branch or twig of the genealogy in which it occurs. None of the descendants of a female are included in the primitive notion of family relationship.
We have therefore removed it, and put in its place the possession which the praetor promises to the nearest cognates, and which we have thus made the fifth kind instead of the sixth.
A table of Cognates is, of course, formed by taking each lineal ancestor in turn and including all his descendants of both sexes in the tabular view; if then, in tracing the various branches of such a genealogical table or tree, we stop whenever we come to the name of a female and pursue that particular branch or ramification no further, all who remain after the descendants of women have been excluded are Agnates, and their connection together is Agnatic Relationship.
After family heirs, and persons who by the praetor and the imperial legislation are ranked as such, and after persons statutorily entitled, among whom are the agnates and those whom the aforesaid senatusconsults and our constitution have raised to the rank of agnates, the praetor calls the nearest cognates.
Of course an appointment to afterborn children includes all children, and not sons only. 1 Agnates are persons related to one another by males, that is, through their male ascendants; for instance, a brother by the same father, a brother's son, or such son's son, a father's brother, his son or son's son. But persons related only by blood through females are not agnates, but merely cognates.
Mere cognation was thus in its various degrees recognised as a title to succession, and the praetors gave relief to such females through the possession of goods, which they promised to them in that part of the edict by which cognates are called to the succession.
On the same principle they cannot be held to be consanguinei of one another, for consanguinei are in a way agnatically related: consequently, they are connected with one another only as cognates, and in the same way too with the cognates of their mother. Accordingly, they can succeed to the possession of goods under that part of the Edict in which cognates are called by the title of mere kinship.
All this is easily understood by a modern; but who are the Agnates? In the first place, they are all the Cognates who trace their connection exclusively through males.
I was assure that he was not a cannibal; for the whole tribe of Wabembe, when they cannot get human flesh otherwise, give a goat to their neighbours for a sick or dying child, regarding such flesh as the best of all. No other cannibals, however, were known of; but the Masai, and their cognates, the Wahumba, Wataturu, Wakasange, Wanyaramba, and even the Wagogo and Wakimbu, circumcise.
The limits of this connection are far from conterminous with those of modern relationship. Cognates then are all those persons who can trace their blood to a single ancestor and ancestress; or, if we take the strict technical meaning of the word in Roman law, they are all who trace their blood to the legitimate marriage of a common pair.
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