OF THE HUMAN FAMILY. 23 



The diagram (Plate I.) is not in the form of that used by the civilians. It is 

 framed in accordance with the form adopted by Blackstone 1 for the purpose of 

 showing the several persons in the lineal and collateral lines, who stand at equal 

 distances in degree from their respective common ancestors, in the same horizontal 

 plane. Since the movement downward is with equal step in each of the lines, the 

 common law method has an advantage over that of the civil law in illustrating to 

 the eye the relative position of consanguinei. In the Institutes of Justinian 2 the 

 original diagram of the civilians is given and verified in the text (Plate II.). It 

 arranges the several collateral lines at right angles with the lineal, which makes 

 them transverse instead of collateral, and, at the same time, furnishes the reasons 

 why they are described both in the Pandects and in the Institutes, as the transverse 

 rather than the collateral lines. 3 In this diagram three lines meet in each ancestor, 

 one of which is lineal, and the other two, consisting of a male and female branch, 

 are transverse. With a slight examination it becomes perfectly intelligible. In 

 some respects it is the most simple form in which the system can be represented. 

 But since it does not show the relative position of consanguinei in the lineal and 

 collateral lines with reference to their distance with Ego from the common ancestor, 

 the first form appears to be preferable. This diagram is a venerable relic of the 

 all-embracing Roman jurisprudence. It is interesting, even impressive, to us, as 

 the chart with which that greatly distinguished class of men, the Roman jurists, 

 " illustrated to the eye," as well as explained to the understanding, the beaiitiful 

 and perfect system of consanguinity we have been considering. 



It is obvious, as before remarked, that these diagrams include but a small por- 

 tion of the immediate consanguinei of each individual, as the right line only is 

 given proceeding from the parent to one only of his or her children, while there 

 might be several brothers and sisters of Ego, and of each of his several ancestors, 

 each of whom would send off as many additional lines as he or she left children, 

 each leaving descendants. This might be true also of every person in each of the 

 collateral lines. Beside this, the number of common ancestors increases at each 

 degree, ascending, in geometrical progression, which multiplies indefinitely the 

 number of ascending lines. It would be entirely impossible to construct a diagram 

 of the lineal and first and second collateral lines alone, which would show all the 

 possible consanguinei of Ego within six degrees of nearness. These considerations 

 will serve to illustrate the complexity of the problem which the civilians solved by 

 furnishing a logical and comprehensive system of relationship. It is the singular 

 merit of the Roman form that, without being obscure or complicated, it contains 

 all the elements of arrangement and description which are necessary to resolve any 

 given case, and all that is material to a right understanding of descents. 



1 Blackstonc's Commentaries ; Tables of Consanguinity, II. 254. Watkins adopts the same 

 method ; Laws of Descent, Table of Con., p. 123. And Domat also substantially ; Civil Law, 

 Strahan's Trans. Table on Con. II. 210. 



8 Lib. III. tit. vii. 



8 The usual phrase is "Ex transvcrso sive a latere." 



