Selected quad for the lemma: england_n
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A25740
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An apology for a yovnger brother, or, A discovrse proving that parents may dispose of their estates to which of their children they please by I. A.
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J. A. (John Ap Robert)
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1641
(1641)
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Wing A3592; ESTC R9194
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34,253
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68
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Brientius de Insula hauing two sonnes both Leprous built for them a LaZaretto or Spittall and gaue to Miles Earle of Hereford farre the greatest part of his Patrimony from his Children The One of these Examples is in the Description of Devonshire and this other in Monmouthshire And this may suffice for clearing the former Document the subiect of this Whole Discourse by Exemplification CHAP. 10. That the Law of Naturall Equity Reason confirme iust Disinherison and that the riotous liues of Elder Brothers deserue that vehement Increpation with which the Author closeth vp this Treatise LET vs now look into the Nature of Equity and examine whether in Naturall Reason which is the Law of all Lawes the Temperate ought to be subject to Intemperate I mean within the Verge of private Families Fooles and Frantiks to whom no Law imputes * Voluntas crimê non habet vbi furore peccatur Salvian Sinne are not punisht for Theft or Murther or for any other Offense which they doe being mad or vnreasonable And though humanely they cannot offend yet in THIS SORT according to Equity they may be punished The Reason is All Law being groūded on Naturall Equity otherwise it is no Law doth not only punish Offenses committed but also prevents Offenses which may be done by rationall or irrationall Creatures And since Fooles and Madmen cannot offend to be punisht or by punishment be reform'd and yet they with whom they liue shall inevitably be offended if not overthrown by them hauing * Nothing more dangerous then armed Madnes power as namely Brothers Sisters and their whole Family put in danger of extreame Misery and Ruine the Law according to all NATVRALL EQVITIE takes all Power from them I haue inserted this clause according to Naturall Equity for that it is against Nature that Men should be subject to Beasts or insensible Creatures Whervpon Aristotle disputing the Nature of Rule and Subjection saith that None are borne * Servitude proceeds not from the Law of Nature but from Nature corrupted See Mr Downings Discourse of the State Ecclesiast p. 68. slaues but such as Nature hath abridged of the Vse of Reason who being truly slaues are vtterly vnfit to gouerne Upon which Ground the same Great Philosopher prefers that Forme of Politie where the Wisest and Best are admitted to the Manage of State-Affaires as at this day is most conspicuous in the Blessed Raigne * Consule Plausus Vita Illustrissimi Equitis D. Henrici Worton Viti omnium literatum linguarum ac Virtutum laude florentissimi and Regiment of our Most Gracious and Glorious SOVERAIGNE whom God preserue But it may be said What is all this to our Purpose Yes thus farre it may bee well applied If Natures Intent to make all Man-kind Reasonable according to their Species being hindred by some inevitable Accident shall so blemish and maime Those in whom such Defect and Naturall Weaknesse shall be found that They according to Divine and Humane Law may and ought to bee depriued of all Right and Claime to any Thing more then to sustaine Nature and debarred from all Superiority and Seniority which by Law or Custome might otherwise haue falne on them because according to Naturall and Divine Equity MAN ought not to bee gouern'd by BEASTS such as Idiots and Frantiks seeme to be If This bee so as according to Natures Rule it cannot bee otherwise what punishment shall wee thinke due to That Reasonable Creature The Prodigals Character See more of this Subject in that Reverend and Illustrious Author Democritus Iunior Part. 1. Sect. 2. Memb. 3. subsect 13. borne in a Civill Society of Men to whom Nature hath not beene a Step-dam in bestowing her Blessings and whose Name and Family hath beene ennobled enriched by the Vertue and Industry of many Worthy Predecessors who shall through Disorder and inordinate Desires habituated in him by Custome and Evill Conversation become an Vnreasonable and vnmeasurable sinfull and shamefull Creature a debauched * The Civill Law appoints Curators for Prodigals as for Madmen and Guardians likewise of their Estates the Want whereof is the Ruine of many great Houses in England See D. Ridley vbi sup p. 268 where hee notes a Defect in our Lawes which haue no provisionall order therein Bedlem a wild American a wilfull and most intolerable Madman a Thing vnworthy the Name of Man a Prodigall shall I say or a PRODIGIE who contrary to all Rule Law or Order of the most Barbarous Society of Men takes away by his outragious Impiety the Soule as I said before of all his Ancestors who being dead yet long might liue in their * Immortalitatem spondet Deus Abrahae cum Genus promittit Ambros Ariotous heire a Civill Monster Posterity and consumes the Womb of his Family Viper-like wherein he was borne and without all Remembrance of his obligement to the Dead whom as having his Being from them he ought to honour or Respect to the Living to whom hee should bee a Comfort devoures in some sort them of his owne Species Society and Blood All which the Canibals doe not For though they feed on their Species which are Men like Themselues yet they hunt after Strangers and nourish themselues with Others Flesh obseruing still some Lawe of Society among Themselues which our CIVILL MONSTER doth not For he contrary to all Course of Nature sucks oftimes the Blood of his nearest and dearest Friends namely his Children Brothers and Sisters yea some of these furious Fiends haue brought their all-tender-hearted Parents to the Greatest of all Woes Beggery in their old Age. And all this to maintaine by Force or Fraud a damned Crew of Roring Divels in the shapes of Men. Of eich of whom we may say dividually Tali Bacchus erat tali Gargantua vultu Tale triplex * Of the Family of the Treble-chins mentum Pantagruelis erat So did old Bacchus or Gargantua swell And such a Bull-chin was Pantagruell And of the whole Mad-cap Fraternity for they will needs be * Fratres in malo or fraterrimi as was said of Friers Sworne Brothers Pestis quâ gelidum Boreae violentiùs Axem Nulla vel infecit nulla vel inficiet A greater Plague to this our Northerne Clime Never yet came nor can in After-Time But to returne from the pursuit of these Salvages Nature hath given yea shee hath so strongly inhabituated a laudable Desire in all Creatures to * Salvianus excellently demonstrates this in Bees De guber Dei l. 4. p. 120. preserue their Species that directly or indirectly to attempt the Contrary were more then Monstrous Immanity Families be they Princely Noble Gentile or Vulgar are in a sort particular Kinds or Species allow'd of by Natures Law to bee raised Totus namque mundus totum humanum genus pignus est creatoris sui Salvian vbi sup and maintain'd vnder or in their cheefe Genus Mankind Vniversall which to defeat or overthrow by irregular extravagant and exorbitant Courses let the Philosopher either Naturall or Morall the Lawier either Civill or Canon the Divine Schoolman or Casuist judge how punishable Morall Law-makers in ancient Times praetermitted to make Lawes against Offenders of this nature Being asked Why They answer'd That no Man could be so impiously ingrate or inhumane Whereby is evidenced how transcendently haynous the Offense was adjudged by them and how severe Punishment were they to make Lawes in these our corrupt Times they would prescribe for such Cardinall Criminalls Thus much for the Ventilation of the present Point in Question In the arguing whereof if what I write in defense of Younger Brothers as here the Case is put I seeme to haue receau'd Ex traduce rather then Ex certâ scientiâ the wiser sort will I hope not blame mee For my Intent was onely as at first I promised to set downe a Table-Discourse and not a Controversy discust in Schooles If I haue spoken according to Dialecticall Reason as I beleeue then may I safely thinke that my Discourse is arm'd with strong Authority For what hath beene spoken heretofore truely which Reason hath not dictated to all * Salvianus in this Case may speake for All Nam 〈◊〉 omnes admodum filij membra parentum esse videantur non putandi sunt tamen membra eorum esse à quibus affectu caeperint discrepare quia morum degenerantium pravitate pereunt in talibus beneficia naturae Though all Sonnes be equally Members or Portions of their Parents yet are not They so to be reputed that shall by 〈◊〉 Courses wilfully dismember themselues from them for degenerate Conditions tender such Children vnworthy of the Benefits of Nature Salvian de gubern Dei lib. 3o. Authors Pennes If therefore I were able to cite a Thousand Great Authors for what I haue said yet All would amount to no more but that which Naturall Reason hath or may teach daily All which with my Selfe I intrust to the gentle and equall Censure of my Courteous Reader FINIS Implumis ales nunquam Coelum Omnivago penetret volatu LAVS DEO ET IESV MEO