AMITINUS

4 definitions found across Law Mind sources

AMITINUSAuthored
The Law Mind • 640 words
Definition
A term from Roman and medieval civil law designating a specific cousin relationship defined by the aunt-nephew line. Technically, *amitinus* is the son of a paternal aunt (*amita*); *amitina* is the daughter of a paternal aunt. More broadly in the sources, the term describes a child of a brother or sister — a cousin — specifically one who shares the same grandfather but has different parents. The children of a brother and the children of a sister were properly the *amitini* of each other in the Roman classification system.
Common Confusion
The term *amitinus* sits within a dense cluster of Latin kinship vocabulary that historical legal sources use with varying precision. *Amitinus* (child of a paternal aunt) is technically distinct from *consobrinus* (a cousin through the mother's side, or more loosely, any first cousin). Burrill notes the asymmetry explicitly: the sons of your paternal aunt call you *consobrinus*; you call them *amitini*. The terms are not interchangeable, though both appear in sources translated simply as "cousin." Researchers must also distinguish *amita* (paternal aunt) from *amita magna* (great-aunt) and *amita maxima* (great-great-aunt), which Black's lists as related but separate entries.
Why It Matters in Research
This term appears almost exclusively in sources dealing with Roman civil law inheritance rules and their reception into medieval English common law through Bracton. Researchers encountering *amitinus* in a primary source are almost certainly working with a text on intestate succession, degrees of consanguinity, or the civilian pedigree of English inheritance doctrine. The primary research trap is terminological imprecision across sources. Black's (both editions) and Bouvier define *amitinus* broadly as any child of a brother or sister sharing a grandfather — essentially collapsing it into a general cousin category. Burrill, drawing on the Institutes and Bracton, is more precise: the term is specifically the child of a *paternal* aunt, and the reciprocal relationship between the cousins is asymmetrical in naming. A researcher relying solely on Black's or Bouvier will miss this asymmetry, which matters in texts where the exact degree and line of kinship determines inheritance priority. Burrill also flags a textual issue: in Bracton, the word appears as *amitinus* (misprinted *amitiuus* in some printed editions), a detail relevant to anyone working with manuscript or early printed versions of Bracton's *De Legibus et Consuetudinibus Angliae*. Because the term belongs to the Roman law of consanguinity as received into medieval English law, corpus connections run through texts on descent, distribution of intestate estates, and the canonical degrees of relationship. It has no meaningful presence in modern common law sources.
Historical Dictionary Support
The four source dictionaries reflect two distinct levels of analysis. Black's (both editions) and Bouvier offer a compressed, working definition adequate for identifying the term in a text: child of a brother or sister, cousin, same grandfather different parents. These definitions are functionally equivalent and draw on Calvin's *Lexicon Juridicum*. Burrill provides the fullest treatment and is the most reliable guide to the term's technical meaning. Drawing directly on Justinian's Institutes (3.6.2) and Bracton (fol. 68b), Burrill preserves the asymmetry of the Roman nomenclature — that the designation depends on which cousin is speaking — and clarifies the maternal/paternal axis that Black's and Bouvier elide. For serious work with civilian sources, Burrill is the better starting point. None of the dictionaries situate *amitinus* within the broader Roman scheme of agnatic and cognatic kinship, which would be necessary to understand why the paternal/maternal distinction carried legal weight in succession contexts. Researchers needing that framework must go beyond the dictionary sources to the Institutes directly or to treatises on Roman private law.
Related Terms
Amita — Amita magna — Amita maxima — Consobrinus — Consanguinity — Degrees of kindred — Cognati — Agnati — Intestate succession — Bracton
AMITINUSmain
Black's Law Dictionary • 1891
major. A great-great aunt on the father's side. Amita maxima. A great-great-great aunt, or a great-great-grandfather's sister. Calvin.
AMITINUSmain
Black's Law Dictionary • 1891
The child of a brother or sister; a cousin; one who has the same grand- father, but different father and mother. Cal- vin.
AMITINUSmain
Bouvier's Law Dictionary • 1928
The child of a brother or sister; a cousin; one who has the same grandfather, but different father and mo- ther. Calvinus, Lex. AMITTERE CURIAM (Lat. to lose court). To be excluded from the right to attend court. Stat. Westm. 2, с. 44.

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