2 The relation of agnation can also be established by adoption, for
instance, between a man's own sons and those whom he has adopted, all
of whom are properly called consanguinei in relation to one another.
So, too, if your brother, or your paternal uncle, or even a more remote
agnate, adopts any one, that person undoubtedly becomes one of your
agnates.
3 Male agnates have reciprocal rights of succession, however remote the
degree of relationship: but the rule as regards females, on the other
hand, was that they could not succeed as agnates to any one more
remotely related to them than a brother, while they themselves could
be succeeded by their male agnates, however distant the connexion: thus
you, if a male, could take the inheritance of a daughter either of your
brother or of your paternal uncle, or of your paternal aunt, but she
could not take yours; the reason of this distinction being the seeming
expediency of successions devolving as much as possible on males. But as
it was most unjust that such females should be as completely excluded
as if they were strangers, the praetor admits them to the possession of
goods promised in that part of the edict in which mere natural kinship
is recognised as a title to succession, under which they take provided
there is no agnate, or other cognate of a nearer degree of relationship.
Now these distinctions were in no way due to the statute of the Twelve
Tables, which, with the simplicity proper to all legislation, conferred
reciprocal rights of succession on all agnates alike, whether males
or females, and excluded no degree by reason merely of its remoteness,
after the analogy of family heirs; but it was introduced by the jurists
who came between the Twelve Tables and the imperial legislation, and who
with their legal subtleties and refinements excluded females other
than sisters altogether from agnatic succession. And no other scheme of
succession was in those times heard of, until the praetors, by gradually
mitigating to the best of their ability the harshness of the civil law,
or by filling up voids in the old system, provided through their edicts
a new one. Mere cognation was thus in its various degrees recognised
as a title to succession, and the praetors gave relief to such females
through the possession of goods, which they promised to them in that
part of the edict by which cognates are called to the succession. We,
however, have followed the Twelve Tables in this department of law,
and adhered to their principles: and, while we commend the praetors for
their sense of equity, we cannot hold that their remedy was adequate;
for when the degree of natural relationship was the same, and when the
civil title of agnation was conferred by the older law on males and
females alike, why should males be allowed to succeed all their agnates,
and women (except sisters) be debarred from succeeding any? Accordingly,
we have restored the old rules in their integrity, and made the law on
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