De transactionibus axiomata

without the decree.

XXIIII.
However, this decree must not be interposed without the cognition of the cause. Whence also, in the Imperial Chamber, settlements of tutors or curators are not confirmed today unless a legitimate cognition of the cause has preceded; nor do they rely on the bare assertions of tutors or curators who allege that settlements initiated from a legitimate cause are beneficial to the ward, but the judge first inquires by applying diligent cognition of the cause over it, and in the meantime suspends the requested confirmation.

XXV.
Concerning the property of Churches and other venerable places, the alienation of which is prohibited except in certain cases, one is not allowed to settle regularly, in such a way that they are alienated, lest, while a pretext for alienation is sought, things are said to be alienated by reason of the settlement.

XXVI.
Thus also the settlement that is interposed concerning Ecclesiastical benefices is correctly invalidated because it has the appearance of simony.

XXVII.
But neither can one settle concerning the dissolution of a marriage that has once existed.

XXVIII.
The agent of Caesar cannot settle concerning things pertaining to the prince without consulting the prince.

XXIX.
Concerning the property of an emancipated son, as also concerning military or quasi-military property of one still constituted in power, a settlement made by the father does not harm the son.