Cognatio

Lat. In the civil law.

Cognation.

Relationship, or kindred generally.

Inst. 3. 6. pr.

Bract, fol.

67.

Relationship through females, as distinguished from agnatio, or relationship through males. Agnatio apatre sit, cognatio a matre.

Inst. 3. 5. 4.

The use of this word, (like that of cognati,) sometimes in one of these senses, and sometimes in the other, as it occurs in the civil law often in the same paragraph, renders a correct translation a matter of some difficulty. Thus, in the following passages: Sunt autem agnati cognati per virilis sexits cognationem conjuncfi, quasi apatre cognati.

At qui per faminini sex&s personas cogna Hone junguntur

agnati nan sunt, sed alias, naturali jure Gogn&ti.

Inst. 1. 15. 1.

Here both cognati and cognatio are used in their general sense, in explaining agnati, and the passages may be translated thus: Agnates are relations (cognati) united by a relationship ( per cognationem,) of the male sex, as though related (cognati, bom together, having a common origin) from (by, or on the part of) the father.

But those who

ooited in relationship (cognations) through persons of the female sex, are not agnati, but otherwise related by a natural tie. Here the meaning of cognati begins to change from general to particular, or to the teehni' cal meaning which was given to it in contrast with that of agnati. And this is fully brought out in the sentence which immediately follows: Itaque amita tuas filius, nan est Obi agnatus, sed cognatus, o&c. Therefore the son of your paternal aunt is not an agnate to you, but a cognate.

See also Inst. 3. 5. 4.

On the other hand, cognatio is used in the general sense of relationship throughout the sixth title of the third book of the Institutes. Agne Uio is called by Justinian a technical term of law, (agnatio ^t^m civilis nonten est,) and was so distinguished from cognatio, which rests on the broader basis of natural law.

Inst, 1. 15. 3.

See Agnatio. So cognatus is called in the Digests a natural term (nomen naturale); and the same passage, quoting Paulus, expluns cognatus and agnatus (or adgnatus) to differ as genus and species. Every agnatus ytsa a cognatus, but not e converso.

Dig. 38. 10. 10. 4. COGi;rATIO.

Lat. In the canon law. Consanguinity, as distinguished from affinity.

4 Beeves* Hist. Eng. Law, 56 — 58.

Consanguinity, as including affinity. Id. ibid.