The Summa Rosella and Summa Angelica

Stud. The first question is this, Whether a custom may break a law positive? summa rosella, titulo consuetudo, parag. 13.

The second is, If a man attainted or banished be restored by the prince, whether shall that restitution stretch to the goods? summa rosella, in the title damnatus in Principio.

Item, If a man that is outlawed of felony, abjured, or attainted of murder or felony, or lie that is an ascismus, may be slain by strangers? And see the like matter thereto; summa angelica, in the title ascismus, parag. ii.

This question is somewhat answered to in a new addition, as appeareth before in the 14th chapter.

Item, Whether the master shall be bound by the act or offence of his servant or officer? summa angelica, in the title dominus, parag. 4.

This question is answered to in an addition, as appeareth before in the 14th chapter.

Item, Whether a villain may give away his goods. Summa angelica, in the title donatio prima, parag. 9.

This question is answered to in an addition, as appeareth before in the 43rd chapter.

Item, Whether an abbot may give, etc., summa angelica, in the title donatio I, parag. 10 and II.

Item, Whether a woman-covert may give away any goods? And it is answered, summa angelica, in the title donatio I, parag II, that she may not, without she have goods beside her dowry, but only in alms.

Item, If a man do treason, whether the gift of goods after, before attainder, be good? summa angelica, in the title donatio I, par. 12. And it seemeth there may, and look summa angelica, in the title alieenatio, par. 24.

Item, If a man wittingly make a contract between two kinsfolk, or other that may not lawfully marry together, whether he hath forfeit his goods? Summa angelica, in the, title donatio I, par. 14.

Item, Whether the father may give to the son? summa angelica, in the title donatio prima, par. 19,” and summa rosella, in the title donatio 2, par. 42.

Item, Whether a man may give above five hundred shillings, absq; inquisitione? Summa angelica, in the title donatio I par. 20.

Item, Whether a gift shall be avoided by an ingratitude? Summa rosella, in the title donatio I, par. 17 and 29. And there it is said, that the gift is void by the law of nature; and look summa angelica, in the title donatio prima, par. 42 and 45.

Item, Whether the gift between the husband and the wife may be good? And it is said yea, when the husband giveth it causa remunerationis Summa rosella, in the title donatio I, par. 32. 2 Ves. 669.

Item, If a man make a will, and enter into religion, whether he may after revoke the will? And it is said, that friars minors may not, and others may. Suma rosella, in the title donatio I, par. 35, in fine.

Item, If a man give another a town, with all the rights that he hath in the same, whether the patronage, etc., and the tithes pass? Summa rosella, in the title ecclesia I, par. 56.

Item, Whether all that is bought with the money of the church be the church’s? Summa rosella, in the title ecclesia I, par. 7, and it seems to be so.

Item, If a gift made to a monastery may be avoided by that the giver hath children after the gift? Summa rosella, in the title donatio I, par. 43.

Item, If a man buy any thing under the half price, whether he be bound by the law to restore it? Summa rosella, in the title elmptio et venditio, par. 6.

Item, Whether a common thief, vel coimmunis depopulator agrorum may abjure? Summa rosella, in the title emunitas 2, in Arincipio. Et habetur ibi in fine, quod licet leges excipiant plures Personas, tamen per jus canonicum legibus derogatum est.

Item, Whether a man shall take the church for great and enormous offences that is not murther nor felony. Summa rosella, in the title emunitas 2, par. 3 and II.

Item, If a man take one in the highway, and draw him out, and there beateth him, whether he shall have the punishment that is ordained for them that strike one in the highway ? Summa rosella, in the title emunitas 2, par 6.

Item, Whether he that taketh the church, may, after the offence, be adjudged to death? Summa rosella, in the title emunitas 2, par. 8.

Item, Whether the bishop’s palace be sanctuary?, Summa rosella, in the title emunitas 2, par. 24.

Item, Whether the dignity of the bishop or priesthood discharge bondage ? Summa rosella, in the title episcopus, in principio

Item, Whether a clerk is bound to pay any impositions or tall ages for his patrimony, or otherwise? Summa rosella, in the title excommunaicatio , divisione oct., par. 4, 5, and 6, and divisione nona, par.I

Item, If it were ordained by statute, that if a man sell, etc., he shall give to the king two-pence, whether a clerk be bound to give it, if he sell of his prebend? Summa rosella, in the title Excommunication, divisione nona,, par. 3.

Item, If it be ordained by statute, that there shall not be laid upon a dead person but such a certain cloth, or thus many tapers or candles; whether the statute be good? And it is left for a question. Summa rosella, in the title Excomununicatio I , divisione 18, par. 8, in fine.

Item, If a man make a lease of a mill for term of years, and it is agreed that the lessee shall grind the lessor toll-free during the term, after the lessor is made an earl or a duke, and hath greater household than before; whether the lessee be bound there, etc.? Summa rosella, in the title Famailia,.
par. 5.

Item, If a master will not pay his servant’s wages that hath served him faithfully, whether that servant may take secretly as much goods of his master, etc., and if he do, whether he be bound to restitution? Summa rosella, in the title Familia, par. 6, it seems he is.

Item, If things immoveable of the church may not be given? Summa rosella, in the title Feodum, par. I And see there is principio what Feodum is.

Item, Whether the sons bastards and the sons lawfully begotten shall inherit together? Summa rosella, in the title Filius, par. 4

Item, Whether father and mother may succeed to their bastards: Summa rosella, in the title Filius, par. 4.

Item, Whether the father may leave any of his goods to his bastards? Summa rosella, in the title Filius, par. 5. And Summa rosella, in the title Societal, par. 23, it seems he may.

Item, Whether the offence of the father shall hurt the son in temporal things? Summa rosella, in the title Filius.

Item, If a man give all his lands and goods to his children, whether a bastard shall have any part? Summa rosella, in the title Filius, par. 22.

Item, To whom treasure found belongeth? Summa rosella, in the title Furtum, par. II.

Item, If a deer, or other wild beast, that is so sore hurt that he may be taken, cometh into another man’s ground, whether it be his that owneth the ground, or his that strake him? Summa rosella, in the title Furtum, par. 13.

Item, Whether theft be in a little thing as well as in a great thing? Summa rosella, in the title Furtum, par. 18.

Item, What pain a thief shall have? Summa rosella, in the title Furtum, par. 22.

Item, If the goods of dead men go to the heirs, and that of damned men? S. Deterris. Summa rosella, in the title I Haereditas, par. I

Item. Whether a man shall be said guilty of murder by commandment, counsel, or assent? Summa rosella, in the title Hoanicidium 2, per totum. And like matter in Homicidiuam 4, in principio, and in divers other cases.

Item, A man maketh a privy contract with a woman, and after hath a child by her, and after marrieth another woman, and hath a child, she not knowing the first contract; which of the children shall be his heir? Summa rosella, in the title Illegitimus, par. 4, it seems the latter shall.

Item, Whether the pope may legitimate one to temporal things, and to succeed? Summa rosella, in the title Illegitimus: it seems he may not as the law now stands.

Item, If goods be found that were left of the owner as forsaken, who hath right to them? Summa rosella,, in the title Inventa, par. 2. And look Summa rosella, in the title Furtum, par. 17.

And thus I make an end of these questions: and because you desirest me in the 13th chapter to shew thee somewhat where ignorance excuseth in the law of the realm, and where not, I will answer somewhat to thy question, and so commit thee to God.