Agnati

In civil law. The members of a Roman family who traced their origfin and name to a common deceased ancestor through the male line, under whose paternal power they would be if he were living. They were called adgnati, — adcnati, from the words ad eum Ttati. Ulpianus says: "Adgnati autem sunt cognati virilis sexus ab eodem orti; nam post suos et consaguineos statim mihi proximus est consanguinei met films, et ego ei; patris quoque f rater qui patruus appellatur; deinceps ceteri, si qui sunt, hinc orti in infinitum,." Dig. 38. 16; De Suis 2, § 1. Thus, although the grandfather and father be dead, the children become sui juris, and the males may become the founders of new families, still they all continue to be agnates; and the agnatic spreads and is perpetuated not only in the direct, but also in the collateral, line. Marriage, adoption, and adrogation also create the relationship of the agnatio. In the Sentences of Paulus, the order of inheritance is stated as follows: Intestatorum hereditas, lege Duodeeim Tabularum primum suis heredibus, de inde adgnatis et aliquando quoque gentibus deferebatur. They are distinguished from the cognati, those related through females. See "Cognati."

In Civil Law. All individuals subject for the time being to the same patria potesta», or who would be so subject were the common ancestor alive. Brothers and sisters, with their uncles, aunts, nephews, nieces, and other collaterals (not having been received by adoption or marriage into another family), if related through males, were agnates. The civil issue of the state was the Agnatic Family. Cognates were all persons who could trace their blood to a single ancestor or ancestress, and agnates were those cognates who traced their connection exclusively through males. Maine, Anc. Law. "The agnates were that assemblage of persons who would have been under the patriarchal authority of some common ancestor if he had lived long enough to exercise it." Maine, Early Hist, of Inst. 106. A son emancipated by his father lost all rights of agnation. They were called agnati— adgnati, from the words ad eum nati. Ulpianus says: "Adgnati autem sunt cognati virilis sexus ab eodem orti: nam, post suos et consanguineos statim mihi proximus est consanguinei mei films, et ego ei; patris quoque f rater qui patruus appellatur; deincepsque ceteri, si qui sunt, hinc orti in infinitum;" Dig. 38, 18. De suis, 2, § 1. Thus, although, the grandfather and father being dead, the children become sui juris, and the males become the founders of new families, still they all continue to be agnates; and the agnatio spreads and is perpetuated not only in the direct but also in the collateral line. Marriage, adoption, and adrogation also create the relationship of the In the Sentences heredibus, deinde adgnatis et aliquando quoqu* gentibus deferebatur. See Cognati.

In Romun law. The term included “all the cognates who trace their connection exclusively through males. A table of cognates is 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.” Maine, Anc. Law, 142. All persons are agnatically connected together who are under the same patria potestas, or who have been under it, or who might have been under it if their lineal aneestor had lived long enough to exercise his empire. Maine, Anc. Law, 144. The agnate family consisted of all persons, living at the same time, who would have been subject to the patria potestas of a common ancestor, if his life had been continued to their time. Tadl. Rom. Law, 131, Between agnati and cognatl there is this difference: that, under the name of agnati, cognati are included, but not @ converso; for instance, a father’s brother, that is, a paternal uncle, is both agnatus and cognatus, but a mother’s brother, that fs, a maternal uncle, is a cogratus bat not agnatus. (Dig. 38, 7,5, pr.) Burrill.

See Natus, Agnati.

Adgnati. Lat.

In the civil law. Relations by the father; relations through males; translated in Scotch law, and sometimes by English writers, agnates or agnais, (q."v.) 2 Si. Com. 235. Sunt agnati cognati per virilis sexiis cognationem conjunctly quasi a paire cognati; agnati are relations connected by a relationship of the male sex, as it were related by the father. Inst. 1. 15. 1.' 7c?. 3. 2. 1. See Cognati.