Question — Bontempi, Palladium Theologicum V · from Schola Thomistica

Question VII: Whether children can ever refuse sustenance to their parents, and disinherit them

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1.

I PREMISE that from all the causes for which it is lawful for children to disinherit their parents, it is likewise lawful for them to deny them support, extreme necessity set aside, as I said question 5. and Molina notes d. 168. and it is clear from Leg. ult. Cod. de alendis liberis. Leg. si quis a liberis, §. Iudex, ff. de liberis agnosc. and the Gloss in both places.

2.

Only SEVEN cases are reported in the aforesaid Auth. Ut cum de Appellat, etc.

3.

The FIRST case, if the parents or ascendants have administered poison to their child, or threatened death in any other way. Molina adds d. 176. that it pertains to the same if they accused their child of such crimes as to deserve the punishment of death or of mutilation. Except the cases brought forward in the preceding question.

4.

The SECOND case, if the father has lain with his son's wife, or with a concubine kept in the house in act, or one that was reared in the house, if he knew it.

5.

The THIRD, when the father or mother etc. have been by guile an impediment, so that the children or grandchildren could not make a will.

6.

The FOURTH, if the parents or ascendants have driven their children mad with a potion, or in any other way plotted against their lives, or schemed death for them.

7.

The FIFTH, if they have neglected the care of their children who have lost their minds.

8.

The SIXTH, if, forgetful of their children in captivity, they have neglected their liberation. But if they die in captivity through the negligence of the parents or heirs, other captives are to be ransomed from their goods, of which they could have disposed by will, as Molina teaches loc. cit.

9.

The SEVENTH, when the children are Catholics; the parents heretics. If, however, after the offenses they are reconciled, they can no longer disinherit them for the same; for that would be an impious vengeance.

10.

The doubt is, however: Whether besides the causes related here and in the preceding question there are other similar causes for disinheriting. I judge that there are none. For it is defined in the cited Authentic: Ut praeter ipsos nulli liceat ex alia lege ingratitudinis causas apponere, nisi quae in huius constitutionis serie continentur. It is confirmed because punishments are not to be extended, and an argument from similarity does not hold for extending punishments.