brothers right to his Fathers fortunes CHAP. V. That the present custome in our Cōntrey of giuing all or almost all to the Eldest was neuer so begun that it meant to exclude iust remedies for such euills as should growe out of the abuse of that custome when it may make Fathers guilty of their sonnes faults and of their families ruines I Haue of purpose reserued to treate of the lawes of our countrey in the last place because I assure my selfe that they are of most force to sway the matter in question For many things may be permitted by the lawes of God and Nature and yet they on the contrary are forbiden or practised by course of law in seuerall States of the world as the law-makers and the customes of the countries do allow or comaund I do confesse that the generall practise of our tyme among parents is to leaue either all or the most part of their lands to their eldest begotten sōne This without all question was as it hath bene said first deuised in former ages for the preseruation of a family and to raise some one who might be a comfort to his brothers sisters and family and in whom his progenitors vertues might line to the world Moreouer I will not deny but the partition of lands may bring in the end a goodly estate to nothing or to so little as it may be like an A tomie in the sunne yet I find in Naturall reason that ex nihilo nihil fit or at lest that Haud facilè emergunt quorum virtutibus obstat Res ang ista domi But if men do faile of those happy ends to which this generall custome should guide then would I wish that they would not vse that for their destruction which was meant for their preseruation For who doth not see in these our tymes may vnbridled youths to be so violently carried away with the humor of spending that they neglect brother and sister yea bring to extreame misery their Naturall Mothers after their Fathers death by their vnthristines What help for this hath law left vnto vs no means to put a bridle to these vnruly colts if they become heires according to the custome of our tyme no truely For some starting hole wil be found to vnty the knot which a Fathers care once tyed How then must many an hopefull and well-de seruing brother and sister be left to the mercy of this whirlwind There is no necessity in it For our law hath giuen power to a Father free will to dispose of his owne according as reason shall guide his will without all obligation to his heire Besides this custome takes place onely after a Fathers death if he dispose not of what is his by deed in life or by will at his death But least my words be more generally taken then they are meant I meane those Fathers who are possessed of their lands in fee or fee-tayle that is are absolute of themselues and haue not vpon good consideration conuaied their lands from themselues For all our lawyers do agree that such parents may alien sell and giue by power of our law their lands to whome they wil without respect of person or eldership But me thinks I heare one say that the custome is otherwise and that this custome is a law True it is the custome But let vs see whether it bindes sub peccato or as a custome which rather inuites then commaunds There neuer was any comaund to tye a Father vnder a penalty which admits no limitation but it was euer left indifferent and then only to take place where former prouision according to course of law is not made thé surely a parent is free from this deuouring custome and may in good consideration preuent what euill it may bring to his posterity yea reason comaunds it should be so For Interest reipublicae vt quilibet re sua bene vtatur as saith the ciuill law For if a man can ney ther sell nor set much lesse can hee giue any thing to another which he thinks in his conscience will vse it to the dishonour of God the ruine of himselfe or others Some Deuines hould that it is not lawfull to sell or let an house to any that he thinks assuredly would make thereof a stewes or to sel giue or lend a weapon to a man who intends therewith to do murder Excomunications are imposed on them who sell armes offensiue or defensiue to Turks though they be not assured that they will vse them against Christians Thus wee see the rule of conscience not onely to commaund a man to vse well those fortunes which God hath bestowed vpon him but forbids him either vpon affection or gaine to part with them to others who wil abuse them least he be partaker of others sinne which a parent may be after death who leaueth his lands to a desperate vnthrift But what religion and conscience doth commaund shal be declared in the following chapter In which vpon grounds drawne out of these former foure Chapters it shal be argued what sin may be contracted by the parting of an estate among sonns or by disinheriting of an eldest sonne vpon iust cause and vnto whom the Father is only tyed by the Custome of the Countrey without obligation of promise or contract in Marriage which may alter the Case CHAP. VI. That it is no offence before God for a Father being tenant in fee-simple to disinherit the eldest or to parcell his estate vpon cause that extreme vices of Heyres apparent togeather with the fewer meanes which younger Brothers haue now to liue on then heeretosore cryeth out against the contrary opinion THE right of these insociable inheritours of which wee now treat may grow as I magine out of three titles or claymes which they may pretend to a Fathers inheritance wherby it may be deemed as they think sinne in a Father vpon what desert soeuer to barre them of the faid right These three tytles are Purchase Custome and Entaile Of ech seuerally And of the first which is Purchase surely in the iudgment of the good and learned there is no question in law or conscience but that a Sonne ioyned Purchaser with his Father hath Ius in re and by equity must suruyuing his Father inherite such lands as were purchased in their names Now of the other two though it be as cleere as the noone light that a Lord in Fee simple or Tenant in taile may sell or giue by course of our Common law at his pleasure all such lauds held by him in that kind according to those formes of law which the learned in our lawes haue and can set downe yet there seemes to arise a great difficulty how such an act or acts may in cōscience be executed I haue heard some say in this our Case Summum ius summa iniuria Of these points therefore I will speake saluo meliori iudicio what may in Conscience vpon good and iust occasion giuen by the sonne to
or principall man of their house being at that time high Sheriffe In other countreys many Noble families from the Romans downward haue cōtinued where this custōe hath beene deemed vniust as by their lawes it is manifest whereas in our contrey in these our tymes if there be one familie in a Shire which is of three hundred yeares continuance verie many others are scarce of fiue descents in a bloud Why should our age then seing the fruit of this custome to be so small imbrace it with such zeale as to deeme the breach thereof being warranted for good and iust by the Law of God of Nature and of man to be a sinne Is it possible that it is held both lawfull and expedient for the preseruation of a family that degrees of kindred should be dispensed with to mary being knowne contrary to the general practise of gods Church and can it be lawfull before God and man for preseruation of our goods to venture our liues and to kill a Theife who shall assault vs and that perhaps for a trifle and yet that for preseruation of our whole estate and maintainance of a family it shal be held sinne to break a bare custome vnder no penalty obligatory yea alwaies allowed by law I haue neuer heard that a custome was of force to abiogate a law so far that it should be deemed a sinne to follow the said law though it haue power to dispense with the law which other wise to break were sinne especially when as the law is both more pious and more naturall then the custom is For how far is it from the law of Nature and from the practise of Fatherlie piety the Father dying intestate the eldest sonne to become absolute Lord of all his Fathers lands and not to be bound by law to prouide for brother or sister but at his owne good liking Aliud tempus alios mores postutat Men of vertue men of learning vertue both now and in former ages in this our countrey haue broken this custome as the world knowes vpon good consideration and iust causes not vpon spleene or false suppositions perswaded to leaue their fortunes to strangers or to a lustsuil issue as some haue done CHAP. VII That Fathers being tenants in fee-Fee-tayle may likewise without scruple of Conscience discontinue the state-taile vpon cause and deuise the same at their reasonable pleasure HAVING treated largely and as I presume proued sufficiently that lands held in fee-simple may either be parted or vpon iust cause wholy giuē away to a younger sonne I intend now to speak of the lawfull freedome of a Father in like sort and on the same causes moued to dispose of his lands intailed of which there seemes more doubt then of the former Euery humane act which of it self is not forbidden by the law of God or Nature is to be iudged good or euill lawfull or vnlawfull either by the lawe of the place where the act is done or by intention of him who shall do the act For as the law of God commaunds somethings to be done other things to be auoided vnder paine of sinne so the third sort of actions are left free by the said authority from sinne except the law of man shall forbid them and so make them sinne or els euill intention make thē being of themselues lawfull to be a sinne and vnlawful according to that principle of Moral Philosophy Finis specifical actum For as an act of it self lawful being done against law is sinne so a good act comaunded by law yet done with an euill intention may be sinne Out of these grounds let vs see whether the Common law of our Countrey and the intention of a Father which are to be the Iudges of our Cause can allow the cutting offan entaile the parting of an inheritance or vpon proportionable cause the disinheriting of a sonne First it is cleere that the act of it self by law may be done but whether such an act be summū ius which may be summa iniuria that is the doubt What shal be the triall By other lawes it is either made lawfull or left indifferent Our law which makes this tye giues leaue to vndo it without any exception Ergo to a good end and vpon iust cause it may be done But it may be said that the eldest sonne during this entaile is quasi Dominus yet hauing neither Dominium directum nor indirectum he during his Fathers life hath only ius ad rem and not in re Wherby no chaunge is forbidden to be made by the Father according to the forme of the law vnder which he liueth and by which the sonne is to make clayme if the Father shall create no new estate in his life For it is lawfull for euery man to dispose of his owne as far as the law shall permit him if it be not forbidden by some other law but such an act is not forbidden by any other law Ergo it is lawfull and no sinne But it may be said that the intention of him who entailed the land was that it should not be vntyed or the state changed To which I answere That no act done by law can be free from chaung further or longer thē the law that made it a bynding act shall allow And it is well knowne to the learned in our lawes that euery mans intention is to be construed according to law by which his act and intentions are directed Whereupon the Ciuilian saith in like Cases valeat quantum valire potest Neither is it thought that any man who conuayeth his lands by entaile can intend an act beyond law or desyre that his sonne whom he makes tēnant entaile as our lawyers tearme him shall in no case no not for the preseruation of his family or relief of many others of his Children haue power to cut off this entaile and to be able to alien sell or giue his lands as reason law and religion shall permit For it may be iudged that he who doth an act to a good end as namely to preserue his family wil alwaies assent to another act which shall with better assurance then his owne strengthen his intention To the former considerations we may add what incoueniences may follow of this generall position For if in Conscience the whole inheritance of the Father is to come without comtroule to the eldest sonne then must it of necessity be inferied that the Father without this consent cannot giue to pious vses or set out for the aduancement of his other Children any other thing 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 other his pious intentions should be prouided for only at his sonnes or heyres courtesy Which how absurd it is all men know For hereupon all donations to pious vses and to younger Brothers for their preferment may be called in question It is an ordinary thing in these our
tymes when the land is let to the Heyre generall to alter the estate if the land so conueyed shall come to Daughters and to leaue it to a Brothers sonne or to some other of the same name though peraduenture many degrees remoued for preseruation of the name and family If this may be deemed lawful and no sinne being done against a well deseruing child for whom Nature and her deserts plead her worthy to be her Fathers heyre then without all compare if the preseruation of a name and family might not iustly be laboured for according to power giuen by the law of God and man what may be lawfully acted against an vnthrifty heyre who in any reasonable mans iudgment is likly in his shrowd to bury the memory of all his Ancestors vertues which should liue in him and his ofspring as his forefathers haue done in theirs It is neyther new nor straung in the practise of our tymes in causes of this Nature to ouerthrow in tended perpetuities and by act of parliament to giue leaue vpon som good considerations to sell lands which otherwise by no lawes can be sold from the heyre the Father being but tennant only for tearme of his life Which surely by no power vnder God could be done if the thing in it self be vnlawful sinne Out of which it may be argued a fortiori If power may be giuen to a Father being tennant for tearme of life to sell his sonnes lands onely to pay his owne debts peraduenture idly made though it be to the ouerthrowe of his Familie because naturall equity say they doth wil that euery one should be relieued with his owne for so it may be deemed though in loue to his child hee hath passed the estate yet that he ought to be preserued from thraldome therewith in his necessity which if it be so as all men do confesse it how reasonable a thing yea how comendable and farre from sinne is it for a Father truely Lord of his owne without all tye of law either deuine or humane as I haue proued to dispose of his lands to the honour of God and comfort of his family to a yonger sonne when as it is most probable that the elder will neither vse it to the one nor the other but rather to nourish sinne and sensuality CHAP. VIII That vnthriftines is one knowne name of many hidden sinns and is alone a sufficient cause of disinherison proued by the Law of God and Man HAVING thus vpon good consideration beyond my first intention as it appeareth by my Preface enlardged this my discourse with the precedent Chapter I haue resolued my selfe vpon my Readers fauour and on the former grounds to argue one question more which I hold verie necessary for the perfecting of this small work which is whether a Father may disinherite his eldest sonne or heire at common law for such an vnthriftines as in most mens iudgements is like to be the ruine of his family Though many foule sinnes besydes the abusing of gods blessings be concomitant to vnthriftynes yet because they are not apparant to the world and de abscondit is non iudicat Praetor I will only breifly argue whether in reason or conscience a desperate vnthrift may be disinherited It is well knowne to all the wise and temperate whose iudgments passion doth not ouersway how great an enemy prodigality or vnthriftynes is to all manner of goodnes and how cunningly she not onely hinders the increase of all vertues in those in whome she reigneth but also vniustly oftentymes cuts off the vertuous reward of many a worthy predecessor yea giues occasion to the euill to detract to the good to suspect their deserts All which how great a wrong it is to a Noble family I leaue to the indifferent reader to censure I will not deny but there may be many sinns in a man which in the sight of God and iudgment of men of themselues are more heynous and deserue afar greater damnation then Prodigality doth yet since that sins in this world are to be punished Those sinnes more punishable which are more offensiue to common society though lesse heinous in their particuler Nature not as they are in themselues but as they by circumstance are offensiue to the society peace and honour of mankind which God and Nature euer as the reward to all morall vertues and as the chief end of mans life intended For otherwise vsury detraction forgery adultery fornication swearing and drunkennesse all which and many more which are as greiuous offences in the eye of heauen as theft should be punished with death as theft is But since they do not offend so much the peace of a publique weale at which the Ciuill magistrate aymes as theft doth they are not censured with such seuere punishment at it is All which shewes directly that offences by circumstance are made in a Ciuill society against which they are committed either great error lesser and are accordingly to be punished and no lesse doth the reason and righ rule of state commaund Out of which grounds it is euident that all formes of gouernement do most punish that offender who directly or indirectly seeks to disturbe the peace or ouerthrow the liberty or disgrace the state wherin he liues yet many greater offences then these may be committed as Incest and Apostasy which are not so sharpely punished by the Ciuill Magistrate For euery one to whome God hath giuen power on earth doth chiefly seek the end for which his power from aboue is giuen vnto him and doth censure and punish in the highest degree those offences which tend to the ouerthrowe of a well setled state and by good and lawfull power confirmed Now to come vpon these premisses to the matter in question to apply that which hath beene sayd to our purpose It is well knowne to the world that a family is a ciuill society yea the only common weale which God and Nature first ordayned and from which all societyes Common-wealths species of Gouernement first tooke their originall For the mantainance of which society there is no question but God hath giuen many priuiledges to a Father as well to reward the well-deseruing as to punish an euill child or member of his body not onely by depriuing them of their expected fortunes but by cutting them of from his body either by banishment or by death it selfe For it is euident by the Ciuill law that a Father had for many yeares not onely free power to disinherit but also power of life and death our his children who should greiuously offend him or his liuing vnder his Ciuill gouernement But since that things vnknowne are growne out of vse and may seeme as well incredible as straunge I cannot in discretion passe ouer the matter in question so lightly as that it may worthily be subiect to sharpe censure or rashly be branded with the mark of vntruth Therefore laying aside the testimony of the old Roman lawes in the case
world though he being the youngest sonne of three had Europ for his inheritance which in all arts and vses of life far excelleth Affrick Asia and all the rest of the earth Whereas according to the pretenses of those customary challenges Iaphet Sem should either haue had all or byn Lord Paramount of all Cham and Iaphet with their posterity but Farmers or Fre-holders vnder him I will not also as if there were penury of resemblances againe vse for example Esaus disinherision though that were inough for our present purpose For if it had bene sinne which Iosiphus the Iew neither in his Antiquities or Scripture faith the Mother could not haue procured it God would not haue prospered it nor Iacob himselfe being a good man haue accepted it nor Esau whose anger Iacob feared haue left it vnreuenged Neither is there in Scripture nor in any writen Law vnder heauen any commaundement to restraine the Fathers power but rather the contrary For such is the law of Nature that they who are exaequo one mans children should if not exaequo yet not exiniquo be prouided for Against which partiality the Imperiall Lawes admit so forcible a remedy vnder the title of an inofficious Testament as it shal inable the yonger childe to a certaine proportion of estate whether the deceased Father would or no if he had no iust reason for omission or disauowment in his last will The example certainely of the same holy Patriarch Iacob in preferring Ephraim before Manasses Ephraim the younger son before the elder being his grandchildren against the set purpose of Ioseph their Father seemes vnaÌ„swerable on behalfe of the power of parents for transferring or distributing their blessings Of which it may truely be said Qui prior in benedictione est potior in iure Of Salomon I haue spoken before who was not the eldest sonne of Dauid Salomon but Adonai after Absalom was slaine as Dauid himselfe was not the eldest sonne of lesse his Father but the youngest and yet chosen by God who sees not as man doth for with him there is respâ—ctus personarum to gouerne Israel though he was not set before his brothers in the priuate inheritance of his familie And in the Ghospell it is apparent by the Parable of the workmen who came at vnequall houres into the vineyard and yet had equal wages that first and last are to him a like who though he created thinges in number weight and measure yet he squares not his fauors by priority of being but of well-deseruing Augustus Caesar the most renowned of all the first Emperours setled the succession of his Empire not vpon his onely Gâ—andchilde Agrippa Posthumus Agrippa Posthumus the sonne of his daughter sole heyre the lady Iulia though Tacitus sayth that he was nullius stagitij compâ—rtus then what if he had indeed byn a notorious vnthrift but vpon Tiberius a stranger in bloud and his sonne by no other but by a ciuill title of Adoption because he reputed him far the fitter to gouerne Chosroas King of Persia Medarses made Medarses his younger sonne companion in his Empire and left out his eldest sonne Sinochius But let forraine examples passe for briefnes sake wherwith of all tymes places books are full In our Country wee might alledg the fact of Brutus Brutus the reputed fouÌ„der of our Nation who diuided Albion afterward called Brittaine to his three sonnes leauing onely the best portion to Locrinus ancieÌ„tly called Loegres Albania now Scotland to Albanact and Cambria or Wales to Camber Leir long after knew he had so much power in himselfe as a Father euen against the euidence of his owne act of partition by the originall law of Nature as for the ingratitude of his owne children to confer the kingdome wholy vpon his younger child Cordeilla in preiudice of his grandsoÌ„nes Mâ—rgan and Cunedage Cordeilla borne of his eldest daughters I knowe that some will deny credit to Brutus history which in this case they might with the more reason do if the ancient Weale or Brittish Custome did not answere in the practise thereof to that act of Brutus For not onely king Roderick deuided his kingdome of Wales to his three sonnes according to that distinctioÌ„ of the countrey into Northwales Southwales and Poâ—island but others since haue done the like among them As for Brutus History Brutus History an it hath some enmies so also hath is many friends and those of speciall worth and note Henry Archdeacon of Huntington Matthew of Westminister others among the ancient And of later tymes Syr Iohn Price William Lambert Humphrey Lloyds Doctor White of Basingstoke Count Palatine in right of the Ciuill law Chaire an honour due to the iust number of years by him passed innumerable others Aboue all the rest Edward the first King of England with all the Earles Barons of this Realme by their authentick deed or instrument confirmed in Parliament But let vs proceed They who know the old fashions of Ireland either by report or by the printed Statutes of that Nation may testify of their most ancient Tenure Irish Tauistry or Fundament custome which there is called Tauistry By which the land and chiefest of a Name after the predecessors death is not a warded to the eldest sonne but to the worthiest if I misremember not the iudgment wherof is left with the people and such Tenants about as haue interest and right of voyce As Alexander the great though as it is apparent in the Machabees very falsly is said to haue left his Empire And the custome of equal shares may be in other places also which neuer borrowed their equall partitions from Gauelkind A custome I graunt which some haue very lately altered in their priuate families by Parliament In Scotland there is scarse any thing in their most ancient Records more often found concerning their succession to the Crowne therof then Vncles to reigne before Nephewes euer by Nationall Custome as is auerred But the abundance of forraine examples must not carry me from home Arthur Arthur the Great was left heyre to the crowne by his Father King Vther surnamed Pendragon or Dragons head though begotten in Bastardy rather theÌ„ the soÌ„nes of Lot king of PicÌ„tland being borne of Vthers sister or as some write of his daughter Anne an history which euen Buchanan relateth out of the Scottish Monuments on Arthurs behalf for very true To come neerer in the same kynd Athelstane that victorious king of England Athelstane being a Bastard was notwithstanding preferred before the lawfull eldest sonne euen by his Father King Edward surnamed Sinior to whom saith Florentius Wigornienss an authour aboue 500 yeares old Râ—gni gub rnacula reliquit and not to any of his sonnes by his wife Queence Little cause is there to seeke examples so far off William the Conquerour preferred William his youngest sonne before Robert the eldest in the Kingdome of England and
Henry the first was surrogated to Rufus his Brother VVilliam Rufus and still kept Robert out The title of more sufficiency not of more propinquity made Stephen K. Stephen as being then a man growne to step in before Matildes the Empresse and her Infant sonne Henry Plantagenet I will not speake of King Iohns succession before his nephew Arthur the sonne of Geffrâ—y the elder brother to Iohn Henry the 4. K. Iohn King of England did in open Parliament pretend a descent from Edmund Earle of Lancaster Edmund Earle of Lancaster soÌ„ne of Henry the third king of England in preiudice of king Richard 2. auering that Edmund was disinherited for deformity and his brother Edward afterward by the name of king Edward 1. preferred Which though it were not so yet is it sufficient to shew that Henry 4. did hould that his ancestour king Henry 3. might haue done such an act if the cause had bene sufficient And what interest had Henry of Riâ—hmoud to his Diademe being neyther of the right bloud nor of the Royall Name when neuerthelesse of the true Plantagenets sundry Males were aliue and one of them at that very tyme king of England also in possession But to leane Kings affaires If all must necessufily haue gone to one how came it then to passe that in this kingdome there were at one tyme so many great and honorable families of one bloud disinyned in their seats and distinguished in their Annories by different arguments Our whous to meanly seeme in our antiquities and stories as not to knowe it was so And that many renowned houses to speake as de magis notisâ— Plantagâ—nets Sundry grint Families of one 〈◊〉 at a tyme. Mortiniers Beaufords Bâ—â—â—champâ— 1 Disla-Poles Neuill Grayes and the like haue growne and flourished out of one common Ancestour It can neuer be refelled Of disinherisions in worthy Families M. William Camden â—â— Lâ—renceaux King of Arnies giues vs two eminent examples And who is he that remembers not one or other in this owne knowledge or acquaintance Ianc Daughter of Hugh Courtney and heyre to her Mother Carewes wife of Nirold Lord Carew disinaerited her eldest sonne Thomas cùm mirùs reuerenter matrem haberet and parted her lands which were goodly among her three younger sonnes of whom are sprung three seuerall worshipfull bouses of the Carewes called Haccombe Anthony and Bury So that God hath by the successe confirmed the lawfulnes of the fact And this is the first of Maister Caindens examples The other is this Bryand Lile or Fitz-Earle Lord of Abergeuenny hauing two sonnes Brientius de insula both leprous built for them a Lazaretto or spittall gaue to Miles Earle of Heresord far the greatest part of his patrimony from his Children The one of these exaÌ„ples is in the descriptioÌ„ of Deuonshire and this other in Monmouthshire And this Chapter may suffice for the illustration and clearing the former Doctrine and the subiect of this whole discourse by examples CHAP. X. That the Law of Naturall Equity Reason confirme iust Disinherision that the riotous liues of Elder Brothers deserue that vehement reproofe with which the Author closeth vp this Treatise LET vs now looke into the Nature of equity and examine whether in Naturall reason which is the law of all lawes the temperate ought to be subiect to intemperate Fooles Madmen to whom no law imputes sinne are not punished for theft or murther or for any other offence which they do being mad or vnreasonable For though humanely they cannot offend yet in this sort according to equity they many be punished The reason is That all law being grounded on Naturall equity for otherwise it is no law doth not only punish offences coÌ„mitted but also preuents offeÌ„ces which may be done by reasonable or vnreasonable creatures And since that Fooles and Madmen cannot offend to be punished or by punishment can be reformed and yet they with whom they shall liue shall surely be offended if not ouerthrowne by them hauing power as Namely Brothers Sisters and all their whole family put in daunger of misery and ruine the law according to all Natural equity takes al power from them I haue inserted this clause according to Naturall equity for that it is against Nature that men should be subiect to beasts or insensible creatures Heerupon Aristotle disputing the nature of rule and subiection saith That none are borne slaues but such as Nature hath abridged of the vse of reason who being truly slaues are altogether vnfit to gouerne VpoÌ„ which ground also the same great Philosopher disputing whether a Monarchy or Comonweale is the better forme of Policy he saith a Comonweale Because the wisest best meÌ„ are admitted to sway therein But it may be said What is all this to our purpose Yes thus far it may be well applied If Nature intent to make al mankind reasonable according to their species being hindered by some ineuitable accident shall so blemish and maime those in whom such want and Natural weaknes shal be found that they according to diuine and humane law may and ought to be depriued of all right and clayme to any thing more then to sustaine Nature as other creatures may do and not to giue vnto them any soueraignty rule or gouernement which by law or custome might otherwise haue falne on them Because according to naturall diuine equity neither man nor yet the creature made for mans vse ought to be gouerned by Beastes and such do fooles and madmen seeme If this be so as according to Natures rule it cannot be otherwise what punishment shall we think due to that reasonable creature borne in a ciuill society of men vnto whom Nature hath not bene a Stepdame in bestowing of her blessings whose name and Family hath bene ennobled and enriched by the industry and vertue of many worthy Predecessors who shall through disorder and inordinate desires habituated in him by custome euill conuersation become vnreasonable yea a sinfull-creature a wilfull and most punishable madman and a thing vnworthy the name of man a Prodigall who contrary to all rule law or order of the most barbarous society of men takes away the soule as I haue said before of all his Ancestors who being dead yet long might liue in their posterity and consumes the womb his family I meane wherein he was borne and without all remembrance of his obligation to the dead whom as hauing his being from them he ought to honour or respect to the huing to whome he should be a comfort deuoures in some sort them of his owne species society and bloud All which the Anthropophages do not For though they feed on their species which are men like to themselues yet they hunt after straungers and nourish then nearest bloud with others flesh obseruing still some law of society among themselues which our ciuill monster doth not For he contrary to all course of Nature sucks out oftentimes the bâ—oud of his nearest and dearest friends namely his children brothers and sisters Ariotous heyre is a ciuill Monster yea some haue brought their all-tender-harted parents to the greatest of all woes â—bâ—â—â—ary in their old age And all this to maintaine by force of fraud a damned crew of Diuells in the shapes of men Nature hath giuen yea she so strongly hath inhabituated a laudable desire in all creatures to preserue them species that directly or in directly to vndergo the contrary wore not onely vnnatural and moâ—â—â—rous bâ—â—â—worthy also of seuerest punishment Families let them be Princely Noble Gentle or Vulgar are in a manner particuler kindes or species allowed of by Natures law to be raised or maintaine of vnder or in their cheife genus mankind vniuersall which to ouerthrow either directly or indirectly let the Philosopher either Naturall or Morall the Lawier either Ciull or Caâ—â—â—â— the Diuine Scholeman or Casuist iudge how punishable Morall Law-makers for many ages pretermitted to make lawes against this sort of oftenders being asked why they answeared That no man could be so ingratefull or inhumane By which wee see how grieuous the offence was deemed by them and how seuere punishment were they to make lawes in these our corrupted times they would prescribe for such offenders Thus much for our present matter in question In the arguing whereof if what I write in defence of younger Brothers as here the case is put I seem to haue taken vpon trust rather then vpon knowledge or reading the wiser sort will I hope not blame me For my intent was nor but onely as at first I promised to set downe a Table-discourse and not a Controuersy discussed in Schooles If I haue spoken according to dialecticall reason as I belieue then may I safely think that my discourse is armed with strong Authority For what hath bene spoken heretofore truely which reason hath not dictated to all Authors pens If therefore I were able to cite a thousand great Writers for what I haue said yet should they be no more but that which Naturall reason hath or may teach daily All which with my self I intrust to the gentle and equall Censure of my Courtuous Reader FINIS