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A90520 Jus fratrum, The law of brethren. Touching the power of parents, to dispose of their estates to their children, or to others. The prerogative of the eldest, and the rights and priviledges of the younger brothers. Shewing the variety of customes in several counties, and the preservation of families, collected out of the common, cannon, civil, and statute laws of England. / By John Page, late Master in Chancery, and Dr. of the Civil Law. Page, John, LL.D. 1657 (1657) Wing P164; Thomason E1669_3; ESTC R203096 43,631 124

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strangers and what can be a greater affront to God then that a father should disaffect and reject his children whom God hath not only given him but given them for his honour for it is said Eccl. 3. and Prov. 17. that fathers are honoured in their children and that the Crown or glory of old men are their childrens children The Apologer sayes that it is a monstrous immanity in any man not to have care to preserve his Species that is not to have care to preserve and provide for his children and can it be a monstrous immanity and not a sin he also sayes that every act in it self or by circumstance evil is before God and man a sin and no way to be executed by a Christian That an act of it self lawful done against Law is sin and that no Law is valid where the thing it self is unlawful and a sin and is it not then a sin to disinherit an eldest son unto whom the Laws both Divine and humane give the right of inheritance and which we also see confirmed by the general practise of all good Parents Proof 26. That we cannot in conscience sell or give a weapon to one whom we know intends to murder Excommunications are imposed on them who sell armours or weapons to Turks The rule of conscience not only commands a man to use well those fortunes which God hath bestowed on him but forbids him either for affection or gain to part with them to others who will abuse them lest he partake of others sin which a Parent may do after his death who parts from his estate to a desperate unthrift Answ It is true that if we can assuredly know that our goods will be spent to the dishonour of God the harm of the Commonwealth or to the hurt or wrong of any man we are neither to sell nor give them to such persons as will so use them and if an heir be desperately vitious there is no question but his father may lawfully and religiously disinherit him but how can a desperate sinner or unthrift be known We are divinely commanded not to judge any man Rom. 14. which is so to judge him but by Gods grace he may be otherwise and be hereafter a glorious Saint in heaven when he that judgeth him for ought as he knows or can know may himself be an abhorred reprobate qui stat videat ne cadat he who presumes most of his sure footing is in most danger of falling And though a son be vitious and an unthrift doth it necessarily follow that he that is once an unthrift musty alwayes be so We have daily experience to the contrary many unthrifts prove the best husbands for such men commonly run out of one extream into another and from prodigallity fall to penury But if the eldest son be a natural fool or mad man he is not capable to mannage the estate or if according to the Apologer he turns Turk and tramples upon all Laws divine and humane I will say with the Apologer that he is so unfit to inherit that he is not worthy to live but I cannot conceive how in conscience an eldest son can be disinherited meerly for his unthriftinesse for we may so estate our land and yet suffer him and his heirs to inherit that it shall not be in his power to hurt or to overthrow his family Proof 27. That if in conscience the whole inheritance of the father is to come without controul to the eldest son then must it of necessity be inferred that the father without his consent cannot give to pious uses or set out for his other children after his death So that if God should blesse a father with many children and crosse him with as many misfortunes his other children and all his other charitable intentions should be provided for only at his sons or heirs courtesie for thereupon all donations to pious uses and to younger brothers for their portions may be called in question Answ Eldest sons are not to inherit all the estate but only the greatest part of it fathers being to provide for all their children And I deny not but that every man is bound in his Christian duty to do what good he well can to his neighbour or Christian brother for sayes an Apostle Rom. 14. No man is born to himself and the Apologer hath a good saying Da quae non potes retinere ut consequaris ea quae non potes amittere Give of those things which thou canst not keep that thou maist gain such things as cannot be taken from thee But Mr. Apologer I must tell you charity begins at home Proximus quisque sibi we must first look upon our selves and children and then upon our neighbour or Christian brother but I 'le come nearer to you put the case that a father were to make the Church or Commonwealth or children his heir which of all these may he the more lawfully do The Apologer it may be would be on the Commonwealths side for then the estate would be divided and he might chance to have a share amongst the rest but I must ever be on the childrens part and will give a plain Text for it S. Paul in his fifth Epistle to Timothy saith that he who hath not care to provide for his family doth deny the faith and is worse then an Infidel but it is no where said that he who hath not care to build Churches Colledges and Hospitals doth deny the faith and is worse then an Infidel Proof 28. That it plainly appears out of the sacred Text it self that fathers had a power amongst the Jews to cause their children for riot disorder and unthriftinesse to be stoned to death Ergo they had power to disinherit for the greater ever includes the lesse and that I may not seem to speak without book I will set down Moses words which are as follow If a man have a stubborn and rebellious son that will not obey the command of his father and being chastised shall be unreclaimable they shall apprehend and bring him to the Seniors of the city and to the place of justice and shall say to them This our son is incorrigible and disobedient contemns or monitions abandons himself to riotous excess and is a drunkard The citizens shall then overwhelm him with stones and he shall die That you may take evil from among you and that all Israel hearing it may fear Deut. 21. Whence we may collect how odious a crime unthriftinesse riot was among the people of God and what ample power the father had to punish the same in his child for if we observe well the manner of the processe between the father and the child in this case we shall find that the father was witnesse accuser and judge of his own cause for we read not that the Senators of the city did give sentence or further examined the proofs of the fathers accusation but their presence giving as it were allowance to a