







 
   
     
       
         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
        
      
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             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.
          
        
      
    
     
       
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           All Souls College (University of Oxford) -- Admission.
           Universities and colleges -- England -- Entrance requirements.
        
      
    
     
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           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
             .
          
        
      
    
  

