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
THE YONGER BROTHER HIS APOLOGY BY IT SELFE OR A Fathers free power disputed for the disposition of his lands or other his fortunes to his Sonne Sonnes or any one of them as right reason the Laws of God and Nature the Ciuill Canon and Municipall lawes of this Kingdome do command By I. Ap-Robert Gent. Nisi Dominus aedificauerit domum in vanum laborauerunt qui aedificant eam Psal 126. Vnlesse our Lord build the house they haue laboured in vayne that build it ¶ Imprinted Anno M. DC XVIII TO ALL FATHERS AND SONNES OF WORTHY FAMILIES VVhome Vertue Birth and Learning haue iustly stiled Gentlemen Health Happinesse and Increase of the best Knowledge AS in the front of this briefe Discourse there is Right Worthy Gentlemen already deliuered vnto you some light of that which concerneth the Quality Reason and Scope of the same so do I heere sincerely professe that I did not priuately write it at first but for priuate satisfaction neither do I now make it publique but with due relation to the generall good of Great Britaine and for the exercise of Honourable Spirits in this our much-speaking Paradoxicall Age. Not vpon the least presumption of a self-sufficiency to confront thereby any receiued Custome if any such bee nor to diminish the naturall Reuerence due by Younger Brothers to their Elder not to enkindle emulatiōs in families nor to innouate any thing to the preuidice of publique or priuate quiet which none I hope wil be so ill affected as to suppose neither myne inoffensiue zeale for younger brothers among whom I am rancked one nor the absolute consent of Imperiall and Ecclesiasticall Laws which I hauing a little studied do not a little respect nor the particuler honour I beare to the vsages in this point of our anciēt Britans from whom I am descended nor disire to maintaine and iustify an act in this Kind done by a Friend whom I must euer reuerence nor yet the hope of bettering my priuate fortunes which mooues men much in these our tymes hath drawne me to this vndertaking but principally as before is sōwhat touched the singuler Respect which as a Patriote I beare to the glory and good of Gentlemens Houses whose best Originalls surest means of Maintenance and principal Ornaments are Vertue or Force of mynd The want whereof is a comon cause of ruine The free Power therefore of You who are Fathers is heere in some special cases argued and defended to giue you occasion therby to consider with the cleerer eye-sight for the establishment and continuance of families Heere also the Naturall rights of vs that are children be so discoursed and discussed as that we younger Brothers may haue cause and courage to endeauour by vertuous means to make our selues without the least wrong to any capable if need shal be of the chiefest vses And both and all are so handled as that no offence can reasonably arise in any respect much lesse for that the whole is conceiued and written in Nature only of an Essay or Probleme to which I bynd no man to affoard more beliefe then himselfe hath liking of is free to refute the whole or any part at his pleasure as he feeles himself able and disposed If I may seeme among some to haue handled this subiect with more earnestnesse and acrimony then they think expedient let them be pleased to weigh the Decorum of Disputes which is principally herein obserued their Nature absolutly requiring quicknes and vehemency on whether syde soeuer Neither let this length of Epistle seeme vnto you like the gates of Myndus which were so great and the Citty so little that they ministred occasion to the Cynick to scoffe at the disproportion bidding the Townsemen shut their Gates for feare the Citty should run out through them seeing that in a new Matter a necessity lyeth vpon me to vse so large a Preparation As for the remedies of Euils by way of enacting Lawes that is the proper office of Magistrates and Courts of publick Counsell neuerthelesse to speak and treat of them vnder the fauour and correction of Superiours to whome I do alwaies very dutifully submit is a thing which may well belong to euery man But as for those graue and learned Censors vnto whom I may seeme to haue bestowed my paynes in very needlesse arguments because no lesse then I my self they hould the case as heere it is put to be most cleere and out of Controuersy to such I answere that I wrote it not for them vnlesse perhaps to confirme their iudgments but for others who are not altogeather so perswaded Nor to any as to prescribe or bynd further then their owne Consciences shall thinke good For that were far too peremtory Finally nothing being heer defended but by Authority Reason and Exāple nor any person taxed nor particuler personall vices if neuerthelesse I haue not performed my part in the worke so well as I desyre or as the Cause deserues which I feare I haue not yet my hope is Right Worthy Fathers and Worthy Sonnes of Right Worthy Families that for my honest meaning and good intentions sake your will euer conceiue well of and taken into your speciall protection Your vnfayned vvel-vvisher I. Ap-Robert THE YOVNGER BROTHERS APOLOGIE CHAP. I. The Occasion of writing this Apology is to proue that Fathers may in some cases dispose of their worldly Estates to which of their Sonnes shal reasonably please c. for so much therof as they will and that to be Lawfull by the Law of God of Nature and of Nations NOT many moneths since being inuited by a deare friend of myne to a solemne Feast made by him to many of his well-deseruing friends it was my fortune at that Meeting to acquaint myselfe with many gentlemen of no meane discourse Whereby I feasted as well my vnderstanding with their pleasant society as my taste with the variety of most excellent meates With what our Senses were delighted I let passe to recoumpt since neither profit pleasure nor praise can arise thereof either to the writer or reader Only my intent is to make my Reader acquainted what accident caused me to write this small Treatise and imbouldned me to publish the same to the cōmon view of this al-reprehending age In which neuertheles I do rather hope for allowance then in any sort to feare displeasure For though my subiect be new yet I hope it shal want at the first rather age strēgth which growes by yeares then probable arguments yea forcible reasons to defend it selfe As for friends I hope it will fynd some and peraduenture more then enemyes if it deserue well For as younger Brothers be more in number then elder so are they generallie more free in bestowing their deserued loue For want breeding vnderstanding makes them knowe prize their friends according to their worth Whereas the elder either seated in their Fathers wealth and possessions with more then hopes to enioy their Fortunes do somtynes neyther
loue truely themselues not any man els but abusing that which indeed might gaine the loue of God and Man and easily mayntaine their hereditary honour loose themselues in Vanity most idle courses yea in their Fathers liues so strangely carry themselues as though the law of God of Nature and all other Canon Ciuil National lawes constitutiōs customessprūg from thē could not either in reasō or religiō bar them of that which they expect or giue to a wel-deseruing younger Brother any little hope lawfully to share with thē the least part of their Fathers inheritance much lesse to expect an elder Brothers fortunes oron any termes or for any cause by a Fathers fauour to step before them Which argument among many others was then handled by the Company Pro and Contra so doubtfully that it gaue vnto me an occasion to write this present discourse concerning the free power of some Fathers Wherein I intend to displease no elder Brothers no not them who not inheriting their Fathers Vertues striue not to mayntaine their Ancestors honour in preseruing their Noble Names and Families by which as a reward to their vertues and trauells men haue alwates laboured to liue to al succeding ages their Posterity But my intent is to shew how opinion inconsideration makes oftentimes the wise to be scrupulous and through superstitious zeale not only to feare to doe that which reason may or might haue comaunded but rashly to condemne other mens acts as vnlawfull and irreligious Which according to reason and Religion haue bene done ratified vsing themselues that Custome for the ouerthrow throw of their families which was indeed only deuised for their preseruation and being hood winked with false conceipts do wittingly leaue that which they and their Ancestours had gotten as the reward in this life of their vertues to be the future fuell of al inordinate desyres Beastiall sensuality which in their prouidence they could willingly otherwise haue disposed of All which I doubt not but to make cleere to the impartiall reader prouing by the lawe of God and Man that a Fathers freedome is such that he may Lawfully and Religiously giue his lands and goods or other his fortunes to any of his Children for the Preseruation of his Name and Comfort of his Posterity without all scruple as right reason or the better deserts of a Sonne shall perswade him voyd of all tendernesse or blyndnesse of affection which oftentymes leads a Fathers will and corrupts his vnderstanding so as he be true Lord therof not tyed by consideration of Money receiued or Contract made by Marriage of his Sonne which may alter the Case and make the Sonne Lord and the Father to haue but the vse only during his life as all our Common Lawyers well know In which Case we also haue experience that our Law permits many tymes to alter the Title and to vndoe what by former tymes was held not to be controlled But of this point I wil not treate Only I meane to argue whether a Father possessed in fee-tayle may in law and equity vpon the former considerations make any child which he hath his Heyre leauing to the rest a competency do an act which according to equity and Religion may stand good and valuable In this my present discourse let not any expect many quotations of authors for I neuer read any of this subiect What I bare away of the discourse made by my friends that I will set downe and what other reasons my vnderstanding shal affoard which I hope shal proue so demonstratiue that they shal be of Authority sufficient to satisfy my reader or incite some better pen and vnderstanding to treat of the same more largely substantially And lastly cheifly to cleare some of my Worthy friends frō those imputations which I fynd the ignorant to lay vpon them which if I may do I shall think my tyme and paines well imployed CHAP. II. That the grounds of all good Constitutions being in Nature yet shee neither before nor after the law of Propriety established did cōmaund that all should be left to any one more then to another SVCH are the wise tēperate workes of Nature that nothing is done by her rashly or unaduisedly For though in the infancy of the world she had an inuincible power to produce all effects which thé had their Originall in her yet being studious to please mankynd not only with variety but also with rarity successiuely discouereth and dayly doth disclose to the searching wits of the world her secrets as Tyme and Place either hath or doth dayly beget Occasion still as it were keping in store her heauenly treasure till mans necessity best moues her liberality For what can the wit of man deuise or what doth tyme or Art make knowne which good is that Nature from the first tyme shee began to work had not in her though to her selfe only knowne the ground thereof either to produce the particuler or general effect which wisely she left to be tempered according as the reason of man whose glory she pretends should think fittest to giue the forme as tyme place and the Nature of the thing should require For though that Mariage as it is a coniunctiō of man and woman contayning an inseparable society of life be of Nature it selfe and as Deuines and Canonists hold to haue his Originall in the state of innocencie which vndoubtedlie was then ordayned for issues sake from which a lineall succession was also intended yet vntill necessity in forced man to make diuision of the Blessings of God and Nature the claymes and rights which follow lineall succession to inheritance were not discouered For all things being common among men many ages were numbred from the worlds beginning before any man laid proper clayme to any thing as due to himself alone Wherby it well appeares that hereditary succession or Title to a Parents lands or goods could not then be in vse or so much as thought of This I perswade my selfe was the law of Nature vndepraued To the which I inclyne my will the sooner to credit because I find that all sorts of people as well Christians as others who haue perfection in Naturall Society or a perfect Religious life in a Natural and worldly cōuersation of men haue do daily imboace this naturall and blessed community Which happy law of Nature as I haue said for many age and without doubt had longer contynued had not sinne which breakes al vnion and depraues all naturall perfection gotten such dominion in the myndes of men that in naturall equitie all things could not longer be vsed in common For as some being possessed with an vnsatiable desire to get rule and raigne sought the oppression of others by taking from them that fredome which Nature had giué them so others giuen to sensuality and idlenes sought to liue of other mens labours Wheras by Natures lawes euery one ought to liue by his proper industry within
heritance should be left to any one particuler person and namely to the elder Brother yet in some Cases it would not bynd the Father to obserue it For as in the former Cōmandements vpon some considerations the Cōmandement may be dispensed withall so in this For it is not sufficient to be the elder Brother or the nearest in bloud to gaine an inheritance in the Case which I haue now proposed for other circumstances must concurre which if they be wanting bare propinquity or ancienty of bloud may iustly be reiected and he that is second third fourth fifth or last may lwafully be preferred before the first and this by al law diuyne and humane and by all Reason Conscience and Custome of nations Christian For if it should fall out that the next in bloud should be a Naturall foole or a madman or being taken by the Turkes or Mores in his infancy and brought vp in their religion would maintaine the same or if any other such accident ministring cause of iust exception should fall out is it likely that any law would allow that such a man should be admitted to the inheritance Wherefore how idly should they talk that would haue that it was his birthright or that God and Nature had made him heire since that neither God nor Nature doth imediately make heires as I haue sayd before True it is that God and Nature makes men who by the mediation of the lawes and customes of nations may come to be heires Vpon which ground our cómon Lawyers say that no heyres are borne but men and law make them True it is that in holy Writ great respect is had of the first begotten a blessing is held to come to parents thereby But this blessing I presuppose to be that therby the feare of sterility was taken away which in the old Law was held to be a great punishment of God and in respect thereof parents had of themselues and by the nationall lawes and customs a great regard of their first begotten and preferred them to the better part of their possessions yet not by any commaund from God as a precept to bind his elect people vnder paine of sinne For had any such Law bound them vnder such a penalty then should it bynd all Christians now on the same conditions For we see it by generall practise of all countryes to be otherwise Therefore it followes directly that it was not Gods Comaundement but a Nationall Law For God both is and ever was one without chaunge to all his people and so euer were and wil be his Lawes positiue made for them that truely worship him The clayme which Esau made to his Birthright was not by the law of God as some ignorantly affirme but by the lawes of his country For should the law of God haue commaunded it it had bene sinne in his Mother and brother by cunning to haue gotten it from him Neither could the Father or the State wherin they liued vpon no iust cause knowne but to God alone without sinne haue setled the same vpon his Brother Iacob as it was and as it may seeme by allowance from God and as it may be iudged by the sucesse Whereby it is thought that God ordained it as a punishment of the one and blessing of the other which by the permission of sinne to be committed God doth neuer do Neither did the Nationall law or custome of the Iewes as it is said absolutly commaund the Father to leaue vnto his first begotten all or the greatest part of his goods and fortunes But if in case he died not disposing therof by act in his life or will at his death then the custome of the Nation layd a double portion on the eldest or first begotten prouiding for the rest proportionably By all which you may gather that neither the law of God or man in this case commaunded that Esau should haue the inheritance but power to do the contrary was giuen to the Father in his life tyme euen by the law it selfe For many Deuines hold that Esau selling his Birthright as it is termed sould not goods or lands but his clayme of being high Preist after his Father which by custome was to come to him being his Fathers eldest sonne Of which dignity God seing him vnfit permitted him to passeaway his right in his Fathers life as we read in holy writ and which God seemed to approue And thus I hope this objection is answered Further if it were true that the effect of Eldership were such by the law of God as some passionately defend that is that the whole inheritance should of right pertaine to the eldest thē sure it followeth by good consequēce that there should nor euer could haue bene but one temporall Lord of all the world For of necessity Adams inheritance should haue gone still to the next in bloud which how absurd it is let all men iudge Moreouer we read that Nöe hauing three sonnes and the whole world to leaue vnto them gaue it not all to the Eldest but equally deuided it among them and their posterity as all authenticall histories do witnes God requiring obedience of children to parents promised a reward saying Honour thy Father Mother that thy dayes may be long in the land which the Lord shall giue thee This surely was not spoken to one but to all the children of men For with God there is no exception of persons but as a iust and pions Father he giues euery one according to his deserts Terram autem dedit filijs hominum We read also in holy writ how the prodigall child being weary or his Fathers house came vnto him and boldly sayd Pater da mihi portionem substantiae meae quae me contingit This child of which the Gospell speaks was the yoūger brother yet you see how boldly he sayd giue vnto me that portion of goods which belongs to me By which words it is euident that a diuision or partition of a Fathers fortunes was then in vse and that any child as well yoūger as elder had power by law to demaund his legitimate or childes part according to the Nature of the Ciuill and Canon Law as you haue heard For the words following in the text are these Et diuisit substantiam illis Thus we see that the priuiledge of Eldership was thē excluded which now in our countrey by custome onely is gotten to be of such force But it may be obiected that this was a parable onely as indeed it was and cannot be alledged as law True it is yet it cannot be denied but that all similies parables or examples which euer were alledged by the wise and learned to represent the truth haue euer bene deriued from the customes and nature of things according to the knowne truth in that tyme place and to those to whome the speach or discourse is directed And shall we think that our Sauiour Christ being wisdom and truth it selfe treating of so important an affaire
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