Apart from the definite evidence, the theory of a racial distinction gains probability from the fact that it explains the survival of the distinction between the patricii, men with a family and genealogy, and the rest of the citizens, for some time after the latter had acquired the legal status of patres and were organized in gentes of their own; for on this theory privilege would belong not to all who could trace free descent but only to those who could trace descent to an ancestor of the conquering race.
Marriages between whites and persons of negro descent are prohibited by law, and a marriage of insane persons is legally void.
Secondly, identity of structure in two organisms does not necessarily indicate that the identical structure has been inherited from an ancestor common to the two organisms compared (homogeny), but may be due to independent development of a like structure in two different lines of descent (homoplasy).
China, and in what is now Tongking and northern Annam, are regarded by the Annamese as their ancestors, and tradition ascribes to their first rulers descent from the Chinese imperial family.
The Order of the Zdhringen Lion was founded in 1812 in commemoration of the descent of the reigning house of Baden from the dukes of Zahringen.
In 1494 he was again in the Netherlands, where he led an expedition against the rebels of Gelderland, assisted Perkin Warbeck to make a descent upon England, and formally handed over the government of the Low Countries to Philip. His attention was next turned to Italy, and, alarmed at the progress of Charles VIII.
The fondly cherished theory which attributes Milesian descent to the bulk of the native population has at length been assailed.
History comes nearer to philosophy; and Aristotle's Constitutions were known to his enemy Timaeus, who attacked him for disparaging the descent of the Locrians of Italy, according to Polybius (xii.), who defended Aristotle.
The cause of such agreement is, according to Grisebach, shrouded in the deepest obscurity, but it finds its obvious and complete explanation in the descent from a common ancestor which he would unhesitatingly reject.
Some tribes were endogamic, and there matriarchy was the rule, descent being traced through the female line.