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The thread of the negotiations was taken up; but the Belgian government insisted, with the full support of Palmerston, that as a preliminary to any further discussion the King of Holland must obtain the assent of the German Confederation and of the Nassau agnates to the proposed territorial rearrangements. William declined to ask for this assent. The Conference on this was indefinitely suspended.
Again, he calls family heirs and agnates to the possession of goods on an intestacy; and yet, even putting aside the possession of goods, the inheritance belongs to them already by the civil law. 3 The following are the kinds of testamentary possession of goods. First, the socalled 'contratabular' possession, given to children who are merely passed over in the will.
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.
1 Agnates, as we have observed in the first book, are those cognates who trace their relationship through males, or, in other words, who are cognate through their respective fathers.
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.
The Law of Persons, which is nothing else than the Law of Status, will be restricted to the scantiest limits as long as all forms of status are merged in common subjection to Paternal Power, as long as the Wife has no rights against her Husband, the Son none against his Father, and the infant Ward none against the Agnates who are his Guardians.
If the system of archaic law at which we are looking be one which admits Adoption, we must add to the Agnate thus obtained all persons, male or female, who have been brought into the Family by the artificial extension of its boundaries. But the descendants of such persons will only be Agnates, if they satisfy the conditions which have just been described.
3 Male agnates have reciprocal rights of succession, however remote the degree of relationship: but the rule as regards females, on the other hand, was that they could not succeed as agnates to any one more remotely related to them than a brother, while they themselves could be succeeded by their male agnates, however distant the connexion: thus you, if a male, could take the inheritance of a daughter either of your brother or of your paternal uncle, or of your paternal aunt, but she could not take yours; the reason of this distinction being the seeming expediency of successions devolving as much as possible on males.
Under the old law, as we have seen, a son and a daughter had equal rights to intestate succession; but beyond the relationship of daughter to father or sister to brother women had no rights to intestate succession unless there were no agnates, that is, male relatives on the father's side.
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.
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