ABAMITA

3 definitions found across Law Mind sources

ABAMITAAuthored
The Law Mind • 367 words
Definition
In Roman civil law, the sister of one's great-great-grandfather (*abavi soror*). The term denotes a specific degree of collateral kinship in the ascending line, four generations removed from the subject through the paternal or maternal line. Also called *amita maxima* in the Digest, and *abamita magna* in Bracton's usage in English legal writing.
Why It Matters in Research
This term appears almost exclusively in sources concerned with Roman civil law inheritance and intestate succession, where precise identification of collateral relatives governed rights to property. Researchers encountering *abamita* in medieval or early modern legal texts are likely working with materials derived from Justinian's *Institutes* or the *Digest*, or with Bracton's *De Legibus et Consuetudinibus Angliae*, which adapted Roman kinship terminology into early English common law writing. The term has no operative function in modern Anglo-American law, but tracing it through historical sources illuminates how Roman degree-of-kinship calculations were absorbed — selectively and imperfectly — into English legal tradition. Note that Bracton's variant, *abamita magna*, does not represent a distinct legal category; it is the same relationship expressed in a different Latin form. Researchers should not treat the two names as referring to separate degrees of relation.
Historical Dictionary Support
Both Black's editions agree precisely on the definition. The first edition cites *Institutes* 3.6.6 and *Digest* 38.10.3 for the core definition, adds *Digest* 38.10.10.17 for the *amita maxima* designation, and references Bracton at folio 68b for the *abamita magna* variant. The second edition reproduces the same substance with minor variation in citation formatting. Neither edition elaborates on the practical legal consequences of this degree of kinship, nor do they situate the term within the broader Roman system of *gradus* (degrees of relationship). Historical dictionaries are silent on any English statutory or common law adoption of the term beyond Bracton's usage, which itself is largely taxonomic rather than operative. No surviving English case law turns on the precise identification of an *abamita*.
Related Terms
Amita (father's sister; the base kinship category from which *abamita* is constructed by degree); Abavus (great-great-grandfather; the male ancestor whose sister *abamita* is); Consanguinity; Degree of Relationship; Intestate Succession; Collateral Heir; Propinquity
ABAMITAmain
Black's Law Dictionary • 1891
Lat. In the civil law. A great-great-grandfather's sister, (abavi so- ror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called amita maxima. Id. 38, 10, 10, 17. Called, in Bracton, abamita magna. Bract. fol. 686.
ABAMITAmain
Black's Law Dictionary (2nd Ed.) • 1910
as in the feudal law, and from which the English “alienation” has been formed. Inst. 2, 8, pr.; Id. 2, 1, 40; Dig. 50, 16, 28. . ABAMITA,. Lat. In the civil law. A great-great-grandfather’s sister, (abavé soror.) Inst. 8, 6, 6; Dig. 38, 10, 3. Called amita maxima. Id. 38, 10, 10, 17. Called, in Bracton, abamita magna. Bract. fol. 68).

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