Question VI: In which cases parents can disinherit their children

NOTE that in all cases in which parents and children can disinherit one another, they can also deny one another a dowry and support, extreme necessity set aside, as the Doctors commonly teach. Azor. tom. 1. lib. 2. cap. 5. question 6. Molina de primog. lib. 2. cap. 16. Sanchez lib. 2. Decal. cap. 24. and lib. 4. de matrim. d. 26. Molina Theol. Tom. 1. de Iust. d. 176. Menoch. lib. 4. de praesumpt. 189. Spino in spec. testam. glossa 20. num. 66. Fagundez lib. 4. cap. 3. Therefore, once the cases in which children may be disinherited are seen, it will be clear when support may be denied; you will always except extreme necessity.

The FIRST case is brought forward if a daughter marries before twenty-five years of age without the consent of her parents, or sins against her own body, or chooses a disgraceful life. Authent. ut cum de appellat. cognosc. §. Cansas, as the Doctors commonly expound, as cited by Fagundez cap. 3. num. 8. who nevertheless held that the Authentic speaks there of her who marries before twenty-five years of age.

This cause, however, seems abrogated by canon law to protect the liberty of marriage. So St. Thomas 2. 2. question 124. article 5. and others cited by Fagundez cap. 3. num. 3. Sanchez lib. 4. de matrim. d. 65.

It is nevertheless probable that it has not been abrogated, as Fagundez writes num. 5.; it does not, however, hold for children, as Menochius notes cons. 3. Sanchez lib. 4. de matr. d. 24. Barbosa on l. 1. 4. part. num. 31. ff. solut. matrim.

The SECOND case is, if he lays violent hands on his father or mother: Authent. Ut cum de Appellat. cognosc. §. causas autem: Understand with mortal fault; otherwise if he did it in defense of himself or of his country.

The THIRD case is, if he inflicts grave insults, especially in a public place, or defames his parents. See Fagundez num. 30. who cites only Hispanic law.

The FOURTH case, if against the will of their parents they play the mime and join themselves to actors and persist in that profession, provided nevertheless their parents were not of the same profession. Likewise if a daughter or son becomes a malefactor and lives familiarly with them; understand this copulatively, as Molina expounds Tom. 1. Inst. tract. 2. d. 176. Fagundez num. 31.

The FIFTH case, if they attempt to remove their parents by poison, or give favor, counsel or aid to others doing so. So Covarruvias cap. Raynutius, num. 13. Molina d. 171.

The SIXTH, if they have dealings with a stepmother, or with a concubine reared in the house. So Covarruvias and Molina, and Fagundez num. 34.

The SEVENTH, if he composed a defamatory pamphlet against his father or mother, and was their informer.

The EIGHTH, if the parent is in prison, and the son, though able, refused to become surety when requested by him; Authent. ut Cum, de Appellat.

The NINTH case, if he prevents a parent from making a will. See Fagundez num. 37.

The TENTH, if the other parent falls into madness, and the children deny help or neglect the care. Wherefore if an outsider, seeing the children, grandchildren, and others neglect, and moved by pity, takes the care, with protestation made and the heirs notified in writing, if these neglect and he carries the care through to the end, the whole inheritance is assigned to him by the Judge. Auth. ut Cum de Appellat. cognosc. §. si quis de praedictis. and in Auth. Liberti C. de Episcopali audientia.

The ELEVENTH, if the other parent is a captive, and the children do not care for their liberty.² Auth. Ut cum, §. si unum de praedictis. ² Editor's note: the print reads 'non cutent', an evident typographical corruption of 'curant' ('do not care for').

The TWELFTH, if they have criminally accused their parents of things that are not against the Prince or the fatherland, or are not heresy. So Mol. d. 176. Fagundez num. 40.

The THIRTEENTH, if the children are heretics Auth. Ut cum, §. citato.