vere antiquis, has in proceſs of time been forgotten, and is ſuppoſed ſo to be in feuds that are held ut antiquis.
VI. A sixth rule or canon therefore is, that the collateral heir of the perſon laſt ſeiſed muſt be his next collateral kinſman, of the whole blood.
First, he muſt be his next collateral kinſman, either perſonally or jure repreſentationis; which proximity is reckoned according to the canonical degrees of conſanguinity before-mentioned. Therefore, the brother being in the firſt degree, he and his deſcendants ſhall exclude the uncle and his iſſue, who is only in the ſecond. And herein conſiſts the true reaſon of the different methods of computing the degrees of conſanguinity, in the civil law on the one hand, and in the canon and common laws on the other. The civil law regards conſanguinity principally with reſpect to ſucceſſions, and therein very naturally conſiders only the perſon deceaſed, to whom the relation is claimed: it therefore counts the degrees of kindred according to the number of perſons through whom the claim muſt be derived from him; and make not only his great-nephew but alſo his firſt-couſin to be both related to him in the fourth degree; becauſe there are three perſons between him and each of them. The canon law regards conſanguinity principally with a view to prevent inceſtuous marriages, between thoſe who have a large portion of the ſame blood running in their reſpective veins; and therefore looks up to the author of that blood, or the common anceſtor, reckoning the degrees from him: ſo that the great-nephew is related in the third canonical degree to the perſon propoſed, and the firſt-couſin in the ſecond; the former being diſtant three degrees from the common anceſtor, and therefore deriving only one fourth of his blood from the ſame fountain with the propoſitus; the latter, and alſo the propoſitus, being each of them diſtant only two degrees from the common anceſtor, and therefore having one half of each of their bloods the ſame. The common law regards conſanguinity principally with reſpect to deſcents; and, having therein the ſame object in
