N°. I. Explanation of the TABLE of CONSANGUI- NITY. pag. 163 S.6. Proclamations, endorsed upon the FINE, ac- §. 2. Process. ibid. Bill of Middlefex, and Latitat thereupon, Writ of Quo minus in the Exchequer. 211 §. 5. Special Bail; on the Arrest of the Defend- APPENDIX. No. I. Explanation of the TABLE of CON SANGUINITY. F OR the better understanding of the annexed TABLE of CONSANGUINITY, it may be proper to obferve, that CONSANGUINITY is twofold; LINEAL and COLLATERAL. IN LINEAL CONSANGUINITY every Generation makes a different Degree; as is fufficiently obvious upon mere Inspection of the TABLE. And this, being the only na tural Way of reckoning the Degrees in the direct Line, obtains univerfally in the civil, canon, and common Laws. WITH regard to COLLATERAL CONSANGUINITY, there are two Ways of reckoning the Degrees of it. The Civilians, in order to fettle the Degree of Kindred between two Perfons, count UPWARDS from either of them to the common Stock or Ancestor, from whom both are descended; and then DOWNWARDS again to the other; reckoning a Degree for each Perfon, both afcending and defcending. The canon Law, with which the common Law of ENGLAND agrees, begins from the common Ancestor, and reckons only DOWNWARDS; and in what Degree the two Perfons, or the most remote of them, are diftant from the common Anceftor, that is the Degree in which they are distant from each other. No.I. No. I. IN this TABLE, (which is no other than the Arbor Confanguinitatis ufually printed with the Bodies of civil and canon Law,) all the collateral Degrees are expreffed, to the TENTH of the Civilians, and the SEVENTH of the Canonifts, inclufive; the former being diftinguished by the Roman Numerals, the latter by the common Figures. If, for Instance, it be enquired, in what Degree the Perfon marked A is related to the PROPOSIT US, by the civil Computation; we must count from the PROPOSITUS, upwards, to the Abavus, FOUR; then, downwards, from the Abavus to A, the Perfon enquired after, FIVE more; in the Whole, NINE: So that he is related to the PROPOSITUS in the NINTH Degree, by the civil Law. ACCORDING to the Canonifts, and common Lawyers, we must begin counting downwards; from the Abavus to the PROPOSITUS, FOUR; then again from the Abavus to A, FIVE: Which being the greater Number of the two, the FIFTH is therefore the Degree in which, by this computation, A and the PROPOSITUS are of Kin to each other. No. II. |