488
THE DECLINE AND FALL
institutions.[1] On the death of a citizen, all his descendants, unless they were already freed from his paternal power, were called to the inheritance of his possessions. The insolent prerogative of primogeniture was unknown; the two sexes were placed on a just level; all the sons and daughters were entitled to an equal portion of the patrimonial estate; and, if any of the sons had been intercepted by a premature death, his person was represented, and his share was divided, by his surviving children. Civil degrees of kindred On the failure of the direct line, the right of succession must diverge to the collateral branches. The degrees of kindred[2] are numbered by the civilians, ascending from the last possessor to a common parent, and descending from the common parent to the next heir: my father stands in the first degree, my brother in the second, his children in the third, and the remainder of the series may be conceived by fency, or pictured in a genealogical table. In this computation, a distinction was made, essential to the laws and even the constitution of Rome. The agnats, or persons connected by a line of males, were called, as they stood in the nearest degree, to an equal partition; but a female was incapable of transmitting any legal claims; and the cognats of every rank, without excepting the dear relation of a mother and a son, were disinherited by the Twelve Tables, as strangers and aliens. Among the Romans, a gens or lineage was united by a common name and domestic rites; the various cognomens or surnames of Scipio or Marcellus distinguished from each other the subordinate branches or families of the Cornelian or Claudian race; the default of the agnats of the same surname was supplied by the larger denomination of gentiles; and the vigilance of the laws maintained, in the same name, the perpetual descent of religion and property. A similar principle dictated the Voconian law,[3] which abolished
- ↑ In England, the eldest son alone inherits all the land: a law, says the orthodox judge Blackstone (Commentaries on the laws of England, vol. ii. p. 215), unjust only in the opinion of younger brothers. It may be of some political use in sharpening their industry.
- ↑ Blackstone's Tables (vol. ii. p. 202) represent and compare the degrees of the civil with those of the canon and common law. A separate tract of Julius Paulas, de gradibus et affinibus, is inserted or abridged in the Pandects (l. xxxviii. tit. x). In the seventh degrees he computes (No. 18) 1024 persons.
- ↑ The Voconian law was enacted in the year of Rome 584. The younger Scipio, who was then 17 years of age (Freinshemius, Supplement. Livian. xlvi. 40 [leg. 44]), found an occasion of exercising his generosity to his mother, sisters, &c. (Polybius, tom. ii. l. xxxi. p. 1453-1464, edit. Gronov. [B. xxxii. c. 12], a domestic witness).
