The evidence ofcognation is derived exclusively from the vocabulary.
The Prætors early laid hold on Cognation as the natural form of kinship, and spared no pains in purifying their system from the older conception.
Although it may be questioned, whether in this operation, the Iron or Coperose be transmuted, as may be doubted from the cognation of Coperose with Copper; and the quantity of Iron remaining after the conversion.
The like may be affirmed of flakes of Iron that are rusty and begin to tend unto Earth; for their cognation then expireth, and the Loadstone will not regard them.
To sum up all that we have said, it appears that persons related in the same degree of cognation to the deceased are not always called together, and that even a remoter is sometimes preferred to a nearer cognate.
Maine says that the praetors early laid hold on cognationas the natural form of kinship.
In the latter case, it shows that, whereas cognation was common among the surrounding nations, agnation obtained among the Romans.
I may say roughly, however, that cognation is the form of relationship which we acknowledge and which is familiar to us, descending in graduated degrees, including males and females alike, from common ancestors.
If, on the contrary, they detected cognationunderlying the institutions of all nations, and as part of their traditional law of nature, we cannot wish for a better and clearer instance of the natural law cropping up.
Maine the distinction between cognationand agnation very completely and lucidly stated.
