AGNATION, in Civil Law, the bond of consanguinity or relation between the male descendants of the same father; as Cognation is the bond of relation between all the descendants of the same father, both males and females. See COGNATION.
The difference, then, between Agnation and Cognation consists in this: that Cognation is the universal name under which the whole family, and even the Agnates themselves are contained; and Agnation a particular branch of Cognation, which only includes the descendants in the male line. See CONSANGUINITY.
By the Law of the Twelve Tables, males and females succeeded one another according to the order of proximity, and without any regard to the sex. But the laws were afterwards changed in this respect by the Lex Voconia, and women were excluded from the privileges of Agnation, excepting such as were within the degree of consanguinity, e.g., excepting the sisters of him who died intestate. And it was hence that the difference between Agnate and Cognate first took its rise. But this difference was again abolished by Justinian, and the females were reinstated in the right of Agnation, and all the descendants on the father's side, whether males or females, were appointed to succeed each other indiscriminately, according to the order of proximity.
Hence, Cognation came to include all the relations of the father, and Agnation to be restricted to those of the mother.
Adoptive children enjoyed the privileges of Agnation, which was called Civil in their respect, in opposition to the other, which was Natural. See ADOPTION.
