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In Italy the fisherman and his occupation apparently were considered poetically; the word pescatore or its cognates are common on Italian 16th and 17th century title-pages, though in many instances the fulfilment of the implied promise is not adequate, from an angler's point of view. From the pages of Bibliotheca Piscatoria a fairly long list of Italian writers could be gleaned.
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.
15 By the ancient law too, which favoured the descent through males, those grandchildren only were called as family heirs, and preferred to agnates, who were related to the grandfather in this way: grandchildren by daughters, and greatgrandchildren by granddaughters, whom it regarded only as cognates, being called after the agnates in succession to their maternal grandfather or greatgrandfather, or their grandmother or greatgrandmother, whether paternal or maternal.
These races, Kruboys, Grebos, and their cognates, have not improved during the last score of years. Their headmen were old hands approaching the fifties: now they are youths of twenty-five. The younger sort willingly engaged for three years; now they begin to notch their tallies for every new moon, and they wax home-sick after the tenth month.
If we begin with the marriage of father and mother, Cognation will only express the relationship of brothers and sisters; if we take that of the grandfather and grandmother, then uncles, aunts, and their descendants will also be included in the notion of Cognation, and following the same process a larger number of Cognates may be continually obtained by choosing the starting point higher and higher up in the line of ascent.
The sole exceptions to this rule are emancipated brothers and sisters, though not in equal shares with them, but with some deduction, the amount of which can easily be ascertained from the terms of the constitution itself. But to other agnates of remoter degrees, even though they have not undergone loss of status, and still more to cognates, they are preferred by the aforesaid statute.
But we, in our desire to have the law as complete as possible, have enacted in the constitution which in our clemency we have issued respecting the rights of patrons, that in agnatic succession the transference of the rights to accept from a nearer to a remoter degree shall not be refused: for it was most absurd that agnates should be denied a privilege which the praetor had conferred on cognates, especially as the burden of guardianship fell on the second degree of agnates if there was a failure of the first, the principle which we have now sanctioned being admitted so far as it imposed burdens, but rejected so far as it conferred a boon.
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.
That Brahmana, O king, who eats on occasions of similar rites performed by persons belonging to the three higher orders, at a time when he is impure in consequence either of a birth or a death among his cognates, through temptation, knowing well that he is impure incurs the same sin.
These poor people have never yet been suspected of such atrocities, and surely they were not perpetrated in the world before the Flood." 1 This homely adage is far more expressive than the Latin one: "Parcit Cognates maculis, similis fera." Juv.
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