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Tuscarus, Nicolaus · 1589

born in marriage, it is manifest law that they succeed together with legitimate and natural children.
XXVIII.
And not only in allodial goods, but also in fiefs, almost all Doctors testify that natural children only, legitimated by a subsequent marriage, even if contracted at the point of death and without written marriage settlements, succeed together with legitimate and natural children.
XXIX.
Whence, if there is a custom or statute that the firstborn shall possess the kingdom, duchy, marquisate, etc., we undoubtedly assert that such kingdom, duchy, etc., pertains to the natural firstborn legitimated by a subsequent marriage.
XXX.
It is truly asked of that, whether, in a similar statute or custom, one born before the father attained the kingdom, electorate, duchy, marquisate, or other dignity is preferred to those who have been brought into this light when the father was already established as king, duke, or in another dignity? We subscribe to the affirmative, as it is more equitable and true.
XXXI.
Something else must be said about those legitimated by the rescript of the prince original: "rescriptú principis" (a decree by the sovereign). For they do not succeed in fiefs, but are entirely excluded by those born legitimately; unless they have been expressly legitimated for the fief; which some defend can be done even to the prejudice of agnates in fiefs or ancient [estates]; but we think this only if some urgent cause intervenes.
XXXII.
Finally, those legitimated by the oblation of the curia are only legitimate successors to the father, and in fiefs, according to the opinion of the Interpreters, they succeed only if the father acquired the fief after that oblation of the curia.
XXXIII.
Spurious children original: "Spurij" (illegitimate, of unknown father) and those commonly sought original: "vulgò quæsiti" (children born of illicit intercourse) do not succeed to the father, nor even to others ascending through the paternal line; but to the mother, unless she is illustrious, and to all coming from the maternal line, even with legitimate [children].