The case of the founders kinsmen with relation to the statutes of ---------- College, in the University of ----------- / humbly proposed and submitted to better judgments. Cawley, J. (John), 1632?-1709. 1695 Approx. 32 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A31455 Wing C1649 ESTC R36291 15633036 ocm 15633036 104264 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A31455) Transcribed from: (Early English Books Online ; image set 104264) Images scanned from microfilm: (Early English books, 1641-1700 ; 1183:26) The case of the founders kinsmen with relation to the statutes of ---------- College, in the University of ----------- / humbly proposed and submitted to better judgments. Cawley, J. (John), 1632?-1709. [2], 23 p. Printed for J. Whitlock ..., London : [1695?] Attributed to J. Cawley as referring to All Souls College, Oxford University--NUC pre-1956 imprints. Reproduction of original in the Huntington Library. Includes bibliographical references. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng All Souls College (University of Oxford) -- Admission. Universities and colleges -- England -- Entrance requirements. 2006-07 TCP Assigned for keying and markup 2006-07 Apex CoVantage Keyed and coded from ProQuest page images 2006-08 Jason Colman Sampled and proofread 2006-08 Jason Colman Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE CASE OF Founders Kinsmen . THE CASE OF Founders Kinsmen : WITH Relation to the STATUTES of — College , IN The University of — Humbly proposed and submitted to Better Judgments . LONDON , Printed for J. Whitlock , near Stationers-Hall . THE CASE OF Founders Kinsmen , &c. A. Founds a College 250 Years ago , dies unmarried ; by the Statutes of his College , he gives preference in Election of Fellows , to those , Qui sunt vel erunt de consanguinitate nostra , & genere . Q. Whether there are any such persons now who can claim the Preference as Kinsmen ? and who can claim ? IT is not unlikely , but that I shall be charged with Ingratitude , upon account of these Papers , which scruple at the pretensions of Kindred , having my self eaten a Founders Bread : A Charge indeed , which of all things I abominate ; and tho' the Argument may be popular , yet I hope it will not appear conclusive . Suppose this A. had been my Founder ; yet , since Gratitude is but one part of duty to a Founder , if this which is called Gratitude , shall interfere with the observance of his Statutes , I conceive he Acts most consistently , who keeps to them , which are the Rule of his Obedience , as to every particular . Besides , I thought my self oblig'd in common justice to propose somewhat of this nature ; for tho' in Acts of mere favour and grace , the respect had to any ( tho' never so remote ) Relation to a Founder , or Benefactor , be truly commendable , yet when they pretend to a strict right , and many additional advantages , to the prejudice of others it may be more deserving , nay sometimes of their Seniors in the College ; I thought I say in Common Justice , such a pretension ought to be scrupled and examined , and , if groundless , utterly discountenanced . I shall therefore propose these Queries , Collections , and Observations , intirely submitting them to better Judgments how far they are conclusive against such pretensions , for to be peremptory and positive ; besides , that 't is a disgrace to fail in such undertakings , I shall not take the Confidence , or pretend to that Authority magisterially to assert . I come now to the thing in hand , which is to be satisfied in these three Points . First , What this Consanguinity is . Secondly , Who are these Consanguinei . Thirdly , How far this Right of Consanguinity extends . As to the first Point , I find , that by the Civil and Canon Law , this Consanguinity must be defined * and stated . Now by the Civil Law there is no proper Consanguinity strictly taken , as I think , but between Brothers , and Sisters of the same Father . All other Relation , being either Agnatio per lineam masculinam , or else Cognatio per lineam foemininam . But the difference of these two being taken away † , Kindred may be more largely called Cognatio generalis , or Jus eorum quos ab eodem stipite descendentes sanguis conjunxit : And according to this definition we find Consanguinitas , q. sanguinis unitas , to signifie this Cognatio generalis , by the Civil Law ‖ . Thus much for the strict , and for the more large acceptation of the word by the Civil Law ; consonant to which large use of the word the Canonists take the same ; the Laws therefore agreeing , Consanguinity is it not That Relation which one person has to another as descended lineally from him , or that Relation which two persons have to each other as coming from the same common stock , whether by the male or female side ? This Consanguinity I find also is threefold : 1o. Ascendentium , The Relation of the Father , Grand father and their Wives , to their Children , Grand-children , & sic Ascendendo . 2o. Descendentium , as of the Children , &c. to their Father , &c. & sic descendendo . 3o. Transversalium , as between Brothers and Sisters and their Children , Uncles and Aunts and their Children , & sic de Caeteris ex utroque latere per dictam Novellam , 118. Thus much for the usual definition , description , and division of Consanguinity allowed by all , as I conceive . I come now to the second Point , who are these Consanguinei . Eos Consanguineos dicimus , says the Canon Law * , quos divinae , & Imperatorum ac Romanorum atque Graecorum leges , Consanguineos appellant , ac in Haereditate suscipiunt , nec repellere possunt . In some Books indeed I find , Affines , so termed ; and Bartolus says , Quod communis usus loquendi , Consanguineum appellat , etiam quocunque modo sanguine conjunctum . But if we consider that in our Case , A. the Founder was never Married ; that cuts off all pretensions by Affinity , and of Children , and their Descendants : Ascendants cannot be supposed by any means ; and they being to be de nostra Consanguinitate , and de nostro Sanguine ; none sure can be his kin , but by the Fathers , and Mothers side , and that will exclude all remoter Alliance , or those quocunque modo ; i. e. remotissimo sanguine Conjuncti . These things being premised , Are not the Consanguinei to the Founder , those allied to him ex linea Transversali , as Brothers and their Children , &c. Sisters Children , &c. & sic de Caeteris in linea Transversali , of Statutable Age ? Now these , ex utroque latere , being equally privileged * , they all claim to the very same degree . Which brings me to the third Point , how far , or to what degree this Right of Consanguinity extends . Now because the Civil and Canon Law differ in the Computation of their Degrees , this difference must first be stated : It must therefore be observed , what is said , that the chief design of the Canon Law , is to reckon the degrees , so as not to interfere with prohibited bloud , to prevent incestuous mixtures , and to promote relation and publick decency and honesty . And because Marriage cannot be , but between two * persons , therefore the Canons place two in one degree , who , according to the Civil Law , are in two . For the Civil Law respecting only the Conveyance of Estates , and the Right of Succession ; and because that Right is convey'd down from one to another , therefore generata persona gradum adjicit . The Rules of each Law 's Computation , see in the Decretum immediately preceding † . This being observed , the next thing is , to ascertain which Computation we ought to follow : and , say our Books ‖ , Certum est sequendum esse Computationem legalem pro gradibus , nam quoad successiones & in earum materia servanda est in utroque foro , Computatio legalis & non Canonica : And that this is a sort of Succession , may appear by and by . Now Consanguinity extends it self more or less , according to the different matters , it is referred to , as may be seen at large * . But without doubt there cannot be a more substantial and favourable Consideration , upon which account Kindred may claim the greatest privileges , than in case of Succession ; and if the greatest are there allow'd , there can be no reason to complain : And tho' in a Fellowship of a College , Non succeditur Jure haereditario , & Successionis merae ; yet where Kindred are called , it may be said it is Successio aliquo modo , seu ad instar . Now A. the Founder having made over his Estate to a certain number of Men , and having appointed them and their Successors , his Heirs , he did Illorum fidei committere , to admit his Kindred into some part of the Inheritance in Common with them , and to allow them a Maintenance among them . And tho' fidei commissum may not take in , in all respects the true notion of such a Fellowship ; yet where we cannot be punctual , I conceive the Law will justifie a Reference to what is most likely . A Fellowship therefore in Relation to Kindred , especially if we either consider the Obligation the Law then laid upon the Clergy to provide for their Consanguinei ( and the Founder was of very high rank in that Order ) or the design of the Foundation , namely . a Maintenance for Students : I say , if we consider this , a Fellowship is a provision , a livelyhood , by way of a singulare fidei commissum , to be given them by the College ; as the Haeredes fidei Commissarii , or Fiduciarii in this respect . And Succession in fidei commissis , being to be regulated according to the Order of Succession ab intestato * , the Ascendants and Descendants succeed in infinitum ; the Collaterals , who are meant here , only to the tenth degree , as you treat of simple and particular Succession , as this is . Now that the tenth degree is the very last , may it not appear with submission ? First , From the Letter of the Law. Secondly , From Reason . Thirdly , From the Universal Consent of the Doctors . And first from the Letter of the Law , as by the Quotations † . 2ly . From Reason . For why should the tenth degree be mentioned , if a longer Succession was designed ; and tho' some think decimus quasi numero rotundus & certus pro incerto ponitur ; yet when we find an allowance ‖ , etsi decimo : Etsi there , without any force , may signifie thus much ; namely , that they might succeed , etsi , nay tho' , in the very utmost degree ; namely , the tenth . Again , why should the Law be less restrain'd in its Computation in one Case than in another , barely as to the use of Words ; for here all the Commentators agree , that when it says Cognati shall claim usque ad sextum gradum * ; there sextus est ultimus & non certus pro incerto : But when the same Paragraph says , the Agnati shall succeed etsi decimo , then we must have an Evasion , Sed ratio non pati videtur , ut dicamus uno numero successionem terminari , altero non item . And altho' it may seem that there is some ground to extend it to Longissimus † yet that longissimus must be de Jure longissimus , and that is explained by Vinnius ‖ upon the place to be Decimus . Once more in vain would be the Provision for the Succession of the Fiscus * or Ecclesia † , or Unde Vir & Uxor ‖ , whose respective Rights in Cases of Failures are setled by Law , if all relation was perpetually privileged to succeed , tho' never so remote , even in infinitum . And therefore the Jus Agnationis & Cognationis being aequatum by Novella 118 , are not both admissable only in the tenth degree , and no farther ? I come now to the third Point the Authority of the D. D. who may be consulted * ; as also Sanchez † and Lynwood ‖ . But to instance more particularly in those who have with submission decided the Case in terminis . And first for Sanchez , in the place afore-cited , he says from Ancharanus , Propinqui ( who are the same as Consanguinei by the Law ) sunt illi tantum qui vocantur de jure civili ad Successionem ab intestato . And again from Tiraquellus , Leges concedentes Consanguineis retractum , sanguinis ratione , intelligi debent de Consanguineis usque ad eum gradum in quo de jure civili succedunt . And again , Ad legatum Consanguineis relictum , tantum habent jus Collaterales qui succedunt ab intestato , caeteri omnes pro extraneis habendi ; and there quotes D. D. Again , Fidei commissum Consanguineis relictum iis tantum relictum intelligitur , qui vocantur de jure civili ab intestato ad successionem , scilicet usque ad decimum gradum . And this holds not only in Temporalibus , but also in perpetuis ; for tho' , as he goes on , Quidam J. Christi in legatis perpetuis , Consanguineos Collaterales in quocunque gradu extraneis praeferendos dicunt , & rationem ponunt ex praesumptâ voluntate testatoris , cum enim velit legatum esse perpetuum , & nôrit Consanguinitatem intra gradum successibilem non durare in perpetuum , censendus est , velle in hoc Casu Consanguinitatem durare in perpetuum . Sed idem tenent D. D. says Sanchez , in perpetuis ac temporalibus , and quotes Mantica , who is my second Author . Now Mantica says * , Si relictum sit cuilibet ex Consanguineis , omnes admittuntur ad decimum gradum , quia eo usque protenditur & defertur successio , & ideo qui vult admitti tanquam ex progenie , debet probare se esse in aliquo gradu , qui non sit ultra decimum . Quinetiam generaliter licet in legato , vel fidei commisso familiae , vel Propinquis relicto , ex aequitate defendi possit , ut ultra decimum gradum protendatur , inspectâ testatoris voluntate & consideratâ communi horum fidei commissorum ( i. e. perpetuorum ) interpretatione , quae sunt conservandae Agnationis gratiâ ; yet , says Sanchez † , this Consideration , namely , Conservandae Agnationis gratiâ , is instar majoratûs , & sic aperte vult successionem esse perpetuam . To reconcile this difference , he goes on , that , Si perpetuitas cadit solum in eos : i. e. Consanguineos ne reddatur caducum , tum succedunt in infinitum , sed cum perpetuitas non cadit solum in Consanguineos , sed in aliis servatur , tum non est clara testatoris voluntas , quod eos vocaverat in infinitum , & sic standum est communi sententiae D. D. quod solum usque ad decimum gradum extenditur . And this is also Mantica's * Opinion , That if the Will of their being so called in infinitum , non potest ex verbis testamenti , sive ex legitimis conjecturis colligi , à communi D. D. Opinione non est recedendum , nam mutanda non sunt quae certam interpretationem semper habuerunt ; & in dubio crebrior sententia accipienda est , nam integrum est judicium quod plurimorum sententiis comprobatur . My third Author is Grassus † , who agreeing , 't is needless to transcribe him . Now if neither from the Letter of the Statutes , or from any reasonable Conjectures it shall appear , that A. the Founder designed this Right of Consanguinity to extend ad infinitum , then will not this Point be cleared ? The Statute then runs thus : Insuper cum secundùm Apostolum teneamur bonum facere ad omnes ; maxime autem ad domesticos fidei , statuimus , ordinamus & volumus , quod in omni Electione Scholarium praedictorum futuris temporibus in dictum Collegium faciendâ , Principaliter & ante omnes alios , illi , qui sunt vel erunt de Consanguinitate nostrâ , & genere , ( si qui tales sint ) ubicunque oriundi , dum tamen sint reperti habiles & idonei secundùm conditiones superius & inferius recitatas , sine aliquo probationis tempore in veros dicti Collegii socios , ab initio eligantur , & etiam admittantur : Quibus deficientibus , tunc illi qui sunt vel erunt de locis vel parochiis , in quibus possessiones & res spirituales & temporales dicti Collegii consistunt , si juxta Ordinationes praedictas habiles sint , prae caeteris eligantur . Quod si tales in dicta Vniversitate , tempore Electionis hujusmodi celebratae , minime reperti sunt , tunc pauperiores & indigentiores Scholares Clerici in dicta Vniversitate studentes hoc ordine praeferantur ; viz. Prae Caeteris oriundi de Diocaesi A. & deinde seriatim de Comitatu , B. C. D. E. & sic de caeteris Comitatibus infra Provinciam F. dummodo in Grammatica sufficienter , & in cantu ut praedicitur competenter eruditi sint , & secundùm qualitates & Conditiones superius & inferius recitatas habiles & idonei reperti & probati fuerint , ad dictum Collegium eligantur ac etiam assumantur , tot quot supplere poterint deficientem numerum . Quos omnes sic electos seu assumptos ( his qui de nostro sanguine fuerint duntaxat exceptis ) per unum Annum in eodem Collegio stare volumus antequam in veros socios ejusdem Collegii admittantur . This then being the Statute , let us see whether this Right in perpetuum follows from the Letter of the Statute . A. the Founder begins , Quia secundàm Apostolum , &c. which also we find enforced by the Canon Law * . And since he takes the hints from the Law , may we not reasonably suppose he pursues the Law according to the Obligation of it . And this being the Obligation , in case any one should happen to die intestate , and so the Consanguinei to be unprovided for , by the Party whilst living : Here the Law did enjoyn the Bishops and other Ordinaries to distribute what the person died possessed of in Pias Causas , Personis decedentium Consanguineis , Servitoribus , & Propinquis , seu aliis : And this is Ordained also by a Provincial Constitution * . Again , from the using the Words Consanguinitas nostra , Genus , & sanguis noster ; for without doubt , had it been designed that all manner of Relation , how distant soever , should have been privileged , the Founder might have had terms of a less strict Sence : And therefore , as we have good reason to suppose that he was not ignorant of that Constitution in Lynwood , so may we not suppose , that according to the same Law from which he took the hint , he would intend also the Persons , he was obliged to take care for . And accordingly Lynwood , on the Constitution aforementioned , says , Et Consanguinei , & qui sunt Consanguinei , patet ex Hostiens , summa † ; where they are explained to be communem sanguinem habentes : And again the same Lynwood ‖ says they are , Qui de nostro sanguine sunt : Consonant to which Acceptation , the Founder says , Consanguinei , & qui de nostro sanguine . And if we should allow Genus to be more large than either Consanguinitas , or Sanguis noster , yet is it not restrained by those two ? It being never once more mentioned , but the Founder keeps to Consanguinei and Sanguis . And having thus far proceeded to shew the Founder had respect to the Law , both for the Obligation of providing for his Kindred , and also for what Persons were truly so , come we now to see to what degree he meant them . And here according to Lynwood * , of whom I cannot suppose the Founder ignorant ; and what say you , if Lynwood made this Statute ? We find the tenth degree to be the utmost , for which the Church was to provide , in the Distribution of Intestate's Goods ; and the Church being only to supply the Testator's neglect , and supplying it only to the tenth degree , can we suppose the Law to oblige farther ? His Words are these † , Unde breviter scias , quod in successione ab intestato , Prima Causa est , Liberorum . Secunda , Ascendentium cum quibusdam Collateralibus , si extent . Tertia , Transversalium . Primae duae in infinitum protenduntur , Tertia usque ad decimum gradum . Et sic in bonis Laici , & sic in bonis Clerici intestati , deficientibus praedictis , Ecclesia praefertur fisco . And the more to confirm this , that the Founder had an eye to Lynwood in this Provincial ; or if it was Lynwood's Opinion and Draught , he meant it pursuant thereto , we find the persons to be provided for , in the College , are ranked in the same Order . Consanguineis Servitoribus , & Propinquis , seu aliis . The Statute says , Illi qui sunt vel erunt de Consanguinitate nostra . The Provincial Consanguineis . The Statute says , Illi qui sunt vel erunt de locis in quibus possessiones , &c. The Provincial , Servitoribus & Propinquis , and the Gloss & Propinquis , tam ratione loci quam sanguinis . Lastly , The Statute says , Tum pauperiores scholares , &c. The Provincial , Aliisque , which the gloss upon Aliisque , calls extraneis , dummodo sint pauperes . Come we now to consider , whether he designed a Perpetuity to his Kindred . If the Founder had intended they should claim in perpetuum , he might have used more express words . And tho' he says , Qui sunt vel erunt , yet Erunt may be understood , of those which should be in the tenth Degree ; for 't is likely there were some then capable when the Statute was made . Again , Erunt must be kept to de nostra Consanguinitate ; and what that is , has been endeavour'd to be explained . Nor is futuris temporibus only to be restrained to the Consanguinei , but relates also to Elections in general , which were to be made in Cases of Vacancy for ever . Besides , what ever these words may signifie , yet may not , Quibus deficientibus , well agree with what has been proposed ? A word used in all Books to express the extinction of Kindred , and as it were purposely put here to prevent all ambiguity : And that Deficere does imply a total extinction , a final period , may it not appear , from the constant use of the word , when joyned to terms , signifying Stock , Family , Kindred , and Lineage ; being also explained in that sence , from the Founders making after a new Degree of Privileged persons , a new Substitution ? Again , because when he provides for the pauperiores Scholares , &c. in case of want of those in locis ubi possessiones , &c. he is so far from using that word Deficere , as well conceiving , there would not be a want of People in those places , a total extinction as I may say ; but he uses these words , Quod si tales tempore Electionis minime reperti fuerint . And thus doth it not appear from Statute , and fair Conjectures , That here is a new Substitution , Et perpetuitas non cadit in Consanguineos , sed in aliis servatur ; which is the difference required by Sanchez , in the place afore-cited , to fix it to a certain degree , and not to extend it in infinitum . Since therefore neither according to Law , the General Opinion of the D. D. Statute , or fair Conjectures it does appear ( with submission still ) that there is any privilege beyond the tenth Degree , may we not conclude with Mantica , afore-cited , Ideo qui vult admitti tanquam ex progenie , debet probare se in aliquo gradu , qui non sit ultra Decimum ? And that too , ascending to the very Founder ; for altho' in other Cases , a Relation to the last immediate Possessor , is a good claim for the next Heir , yet here the Law looks no farther than a Possession continued from the immediate to the next Taker : But in our Case , no one claims by Right of Succession , strictly so called ; or as related to a former Kinsman , but from his own next a-kin , as mediately related to the Founder ; so that a flaw in immediate or mediate Kindred spoils the Line . Besides , suppose I am indisputably related to one who speed as a Founders Kinsman , the proof he made of His relation is unknown to the Present College ; and since I found my Right upon a Special qualification , even to the prejudice of others else Eligible , I ought to shew my Pretensions , and the Society are to judge of the clearness of my Title . It may not be amiss perhaps to say , how improbable now it is to fix any tolerable Descent ; and where such Memoirs , which require all the punctilio's of Niceness , which are so difficultly adjusted , and which are often so carelesly neglected : I say , where such Memoirs have great Chasms and Discontinuances , and cannot carry the Relation up to the first of the Branch . Again , where the ancientest Memorandums are an hundred Years short of such a Founder , there is , I say , just reason to suspect the exactness of such a Descent . Besides , the Methods of such Registrings are very faulty , and so far from being exact , and to be relied upon , that they deserve little credit , it having been ingeniously confessed , that the very persons Words have ( and that usually too ) been taken , for what Family they have been related to . But however unlikely it may be , to bring an exact and nice Title ; yet where there is some specious show , especially since the Electors are sworn when admitted Fellows , to preferr the Consanguinei , 't is best to err on the safest side . 'T is true indeed , this may be so , where no one else is like to be wronged by these Pretensions , who may be equally , nay more eligible ; and here we ought to judge rather nicely than favourably ; especially too , where he claims other advantages , besides those of a bare Election . And as to the Oath , the Clause indeed is still administred ; but it was then made , when there were , or would be , in some time , Kindred . However , the intent of the Founder , and the Law having determined this Right of Consanguinity , according to what we have proposed , the Obligation must cease on Course . And besides , that there are also other Clauses or Things deducible from them , now sworn to likewise in that Oath , not now warrantable . And thus much for these Queries , Collections , Observations , or what else you will call them . But put the Case the most favourable for the Consanguineus : Either he claims upon the Title of mere Consanguinity ; or , Of Consanguinity back'd with the other necessary Statutable qualifications . He cannot claim upon the first account , because that very Statute which gives him a Right as Consanguineus , gives it not merely as such , but upon these Terms , Dummodo sit habilis , &c. If he claims upon the Second , there the College are Judges of his Qualifications , both by Statute of the Founder , and Orders of their Visitor ; which Orders provide , That the Candidates shall approve themselves by a three-days Examination , to every Fellow singly if he requires it , Tam quoad quam ad doctrinam ; by which Examen , the Fellows are to judge . Now this Right of Judging and Choosing is not to be taken from the College ; and if they Elect in due time , the Election is good , nor can a Fellow be put upon them . First , Because none are Elected , but by the Head and Majority of the Fellows ; and if the Choice be made in due time , there can be no Lapse or Devolution . Secondly , The College are upon their Oaths ; and when they have Judged and Elected under that Obligation , which is the highest can be laid upon them , the Election of a qualified person is irreversible . I have nothing more to add , but that these Papers are entirely submitted , to the more knowing and experienced . FINIS . Notes, typically marginal, from the original text Notes for div A31455-e140 * C. 2. 35. quaest . 3. † Novell . De Haered . ab intestato , 118. §. Nullam vero . ‖ L. descriptionis C. de imponend . lucrat . descript . & consanguinitate in gloss . * C. 2. 35. quaest . 3. * Novella , de Haered . ab intestato , 118. §. Nullam vero . * C. 2. 35. quaest . 4. † Ibid. c. 6. ‖ Garcias de beneficiis 7. par . c. 15. nu . 25. * Bertachini Repertorium Verb. Consanguinitas . * Grassi Recept . Sent. lib. 1. §. Fidei commissum , quaest . 19. nu . 4. † §. Fin. Instit . de Success . Agnat . gloss . ibid. Auth. de Haered . ab intestato venientibus . §. Si vero neque fratres Verticulo Agnatorum . L. de legitimis Haeredibus & D. D. Covarrav . lib. 1. tit . 13. De Success . ab intestato . Anton. Gomez . l. 8. nu . 5. Ad L. Tauri . Cabed Decis . Lusitan . 51 , 52. & 61. Surdis de aliment . tit . 1. quaest . 11. Joan. Fab. Ang. Porc. Myns . Schneid . Wesembec . & Grot. lib. ‖ Introduct . cap. 30. * Instit . de Cognat . Success . §. 5. † Instit . de legitima Agnat . Success . §. 3. ‖ Vinnius ibidem . * L. variiae Causae , ss . Divus Pius , D. de jure Fisci . † C. 5. & 7. 12. quaest . 5. &c. 21. 12. quaest . 1. c. sed hoc de Success . ab intestato , & Abbas ibidem . ‖ L. maritus , C. unde Vir & Vxor . * Vid. D. D. citatos in pag. 10. nempe Covarrav . Gomez . Cabed . s●rdum , &c. † Sanchez Consil . Moral . lib. 4. cap. 1. Dub. 24. ‖ Lynwood Provinciale , c. Ita quorundam , de testamentis . * Mantica de Conject . ultim . volunt . lib. 8. tit . 12. † Loco prius citato . * Mantica lib. 8. tit . 12. Num. 46. † Grassus Recept . Sent. lib. 1. §. Fidei commissum , q. 19. * C. 14. & 16. distinct . 86. c. 5. de poenitent . distinct . 2. c. inhibendum est . De Cohabit Cleric . & mulierum , & subministrent , c. 1. 12. quaest . 3. &c. 4 , 5 , 6 , & 7. 12. quaest . 5. * Cap. Ita quorundam , de testamentis in Lynwood . † Hostiens . Summ. Tit. de Consanguin . & Affin . §. 1 , &c. ‖ C. Ecclesiarum , de rebus Eccles . non alienand . & consanguineis . * C. ita quorundam , de testamentis & decedentium . † Ita quorundam & Decedentium . De testamentis .