Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

COGNATI. COLLEGIUM. 309
favourite subject of the visit of Bacchus to Icarus, dissolved by emancipation, there still remained the
we observe a faun performing for Bacchus this naturalis cognatio. The paterfamilias maintained
office. The preceding woodcut, taken from a terra his power over his familia so long as he lived, ex
cotta in the British MuseuIn, representing this cept over those who were emancipated, or passed
subject, both shows the naked feet of Icarts, who, into another familiar or in any way sustained a
has partly raised himself from his couch to welcome deminutio capitis. On his death, the common bond
his guest, and also that Bacchus has one of his. of the patria potestas was dissolved, and his sons
feet already naked, whilst the faun is in the act of became respectively heads of families; that is, of
removing the shoe from the other. [B. J] persons who were in their-power, or; with respect
COENA'CULUM. [DoMus.] to one another, were agnati. But all these persons
COENA'TIO. [COENNA, p. 308, a.] continued to be members of the same familia; that
COENATO'RIA. [COENA, p. 307,.b..; SYN- is, they were still aignati, and consequently the
THESIS.] agnatio subsisted among persons so long as they
COGNA'TI. The following passage of Ulpian could trace back their descent through mlales to one
(Frty. tit.'26. ~ 1) will' explain the meaning. of common paterfamilias.
this term: — Agnati, then, may be briefly explained to be
" The hereditates of intestate ingenui belong in those " who would be in the patria potestas, or in
the first place to th-eir-sui heredes, that is, children jus, as a wife in wanus viri, or in the manus of a
who are in the power of the parent, and those who son who is in the father's power, i' the paterfamiare in the place of children (as grandchildren for lias were alive; and. this is true whether such
instance); i: there are no sui heredes, it belongs to persons ever were actually so or not." (Hugo,
the consanguinei, that is, brothers and. sisters by. Lehlrbzch, &c.)
the same father (it. was not necessariy that they The imperfection. of- an individual, as a living
should be by the same mother); if there are no being, is completed, First,.by marriage, which unites
consanguinei, it belongs to the remaining- nearest two persons of different sexes in a society for life.
agnati, that is. to the cognati:of the minle sex, who, Second, the imperfection of an individual which
trace their descent through males, and-are of'the arises from his limited existence, is completed in
same familia. And this is provided by a law the institution of Roman law in the patria potestas,
of the Twelve Tables:- Si intestato izoriiter cui to which is attached, partly as a further deve!opsuns heres nee escit, agnatus pso uinzus f4ziliame ment, partly as a more natural or less legal analogy,
hsabeto." kinship: "as a further development in agnatio,
Cogna ti are all those who, according to the Jus which is only the residuum of a previous existing
Gentium cr Jus Naturale, are sprung from one per- patria potestas with crnmstant conltinuation; as a
son, whether male or female (cognati.. quasi-ex natural analogy in coguatio, in which the jus genuno nati, Dig. 3-8. tit. 8. s. 1. ~ 1.). Pure Naturalis tium recognises the community of individuals
Cognuatio exists between a woman, who is not in which rests on descent, as the jus civile in
mannu, and lier children, whether born in marriage agnatio." (Savigny,, SOtern, &c. vol. i. p. 341, &c.)
or not; and' among all persons who are akii merely We must suppose- then, in order to obtain a
through the mother, without any respect to mar- clear notion of agnlatio, that if the male fiom
riage. Consequently, children of one mother be- whom the agnati claim a common descent were
gotten in marriage, and not begotten in marriage4 alive, and they were all in his power, or in his
and children of one mother begotten ill marriage by manus, or in the manus of those who are in his
different fathers, are cognati. The natural relation- power, they would all be agnati. In order, then,
ship by procreation was called naturalis, as op- that agnatio may subsist among persons, the
posed to cogntmuio civilis or legitima, which, though male from whom the descent is claimed must have
founded on the natumllis coanatio, received fiom lost his patria potestas by death only, and not by
positive law a distinct character. This naturalis any capitis deminutio, and consequn ntly not by
cognatio was often simply called cognatioiand the any of his children passing into any other patria
civilis or legitima was called- agnatio. Naturalis potestas, or into the manes viri, which would in
cognatio then, simply in itself, was no civilis cog- effect be passing into another agnatio; for a person
natio; but agnatio was. both cognatio inaturalis and could not at thle same time be an agnatus of two
civilis. altogether different families. Accordingly,'adoption
A correct notion of the term agnatus cannot be destroyed thei former agnatio, and the emnancipahad without referring to the notion of the patria tion of a son took away all his rights of agnatio,
potestas, and to one of the senses of the word and his former agnati lost all their rights against
familia. In one sense, then, famlilia signifies all him.
those free persons who are iii the power (in patria The legal definition (Gaius, iii. 10) that agnati
potestate minave) of the same RIomnan citizen4 who are those who are connected by legitima cognatio,
was paterfamilias, or head of a familia; and. in and that legitima cognatio is the cognatio through
this sense fatiilia signifies all those who are united persons of the male sex, must be viewed solely
in one body by this common bond; It is a- general with reference to the natural relation.; for agnatio,
term which comprehends all the agnati. The as a civil institution, comprehended those who were
legitimate children of sons who were not eman- adopted into the familia; and further, those who
cipated were in the patria potestas, consequently were adopted out of the familie lost their former
formed part of the familia, and were ag-nati. agnatio.
Adopted children were also in the adoptive father's The meaning of consanguinei- has already been
power; and consequently were agnati, though they given by Ulpian. Those who were of the same
were not naturales cognati. Accordingly, if the blood by both parents, were, sometimes called
legal agnatio, which arose from adoption, was dis- germani; and consanguinei were those who had a
solved by erilancipation, there remained no cognatio: common father only; and uterini those who had a
but if the agnatio, which arose from cognatio, was common mother only.