Quod Deus Opt. Max. bene vertat: Ex decreto et authoritate amplissimi Iurisconsultorum Ordinis in inclyta & celeberrima Basiliensium Academia, pro insigniis & privilegiis Doctoralibus in U.I. consequendis, De Successionibus ab Intestato & cognationis gradibus, eorumque computatione, subsequentes Conclusiones

LXXXVIII.

For one should not immediately pass to the person who occurs on the side: but one must begin first from him whose relationship is being questioned, progressing upwards until reaching the origin and author of that double relationship, and from there again descending to the other, about whom it is also being asked, counting each generation.

LXXXIX.

Canonists in the matter of marriage count degrees differently.

XC.

In an equal line, two degrees encompass two persons, and that is because of marriages, and they establish the rule: By the same degree that each person is distant from the common stock, by that same degree they are distant from each other. Therefore, a brother is distant from the common stock, namely the father, by one degree: therefore he will also be distant from his sister by only one degree.

XCI.

Another is in an unequal line: By the same degree that the more remote person is distant from the common stock, by that same degree the unequal transversal persons are distant among themselves: as, if one is asked about a maternal uncle, he will be in the second degree to me. For I, to whom he is a maternal uncle, constitute one degree with my mother; the grandfather, who is the stock, constitutes another: which two degrees are only counted; since I am more remote from the stock, the uncle closer. Wherefore the computation will also be made according to me; and by as many degrees as I am distant from the stock, by as many will we be distant between us. But that this rule is erroneous and false, Lord Theodore Beza elegantly demonstrates in his book on Divorce and Repudiation.

XCII.

Finally, there are no degrees of affinity by Civil Law: but by Canon Law, they are counted in the same way as degrees of consanguinity.

XCIII.

In place of a concluding note, it must be known that, while another is in possession, an heir can obtain an inheritance by intestacy either by Civil Law through the petition of inheritance, or by Praetorian Law through the interdict Quorum bonorum the interdict of "whose goods," regarding the possession of an inheritance.