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
common
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
&
strength
,
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
,
constitutions
,
&
customessprūg
from
them
,
could
not
either
in
reason
or
religion
bar
them
of
that
which
they
expect
;
or
giue
to
a
wel-deseruing
younger
Brother
any
little
hope
lawfully
to
share
with
them
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
from
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
commaund
,
that
all
should
be
left
to
any
one
,
more
then
to
another
.
SVCH
are
the
wise
&
temperate
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
coniunction
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
conuersation
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
the
rules
of
iustice
and
honesty
.
Wherevpon
naturall
reason
perswaded
,
that
all
things
being
deuided
,
euerie
man
should
knowe
his
owne
:
otherwise
no
peace
or
concord
could
be
maintayned
in
humane
society
.
For
,
all
things
being
Common
,
the
way
lay
open
to
euery
man
at
his
pleasure
to
abuse
others
,
and
as
it
were
to
rob
them
of
God
his
Blessing
.
Heereupon
,
Aristotle
iudged
the
diuision
of
all
worldlie
goods
,
to
haue
bene
agreable
to
the
law
of
Nature
,
which
the
precept
of
our
Decalogue
seemes
to
approue
,
NON
FVRTVM
FACIES
.
For
the
Lawe
of
God
is
neuer
contrarie
to
the
Lawe
of
Nature
:
neither
doth
Nature
euer
contrary
it selfe
,
though
some
may
perhaps
think
that
herein
shee
hath
.
For
albeit
at
the
Creation
of
all
things
togeather
with
man
in
the
state
of
grace
,
a
community
was
intended
:
yet
was
it
not
so
absolutely
resolued
of
by
Nature
,
but
that
by
necessity
(
I
meane
by
fall
of
man
from
Gods
grace
)
she
did
dispense
with
this
law
,
and
left
free
to
mans
choyce
to
imbrace
,
vpon
her
warrant
,
either
the
one
or
the
other
,
as
best
might
fit
the
time
,
place
,
and
natures
of
men
,
which
euer
synce
the
world
began
haue
giuen
occasion
of
the
making
of
all
lawes
.
Whereby
we
see
,
that
though
Nature
giue
the
grounds
to
lawes
:
yet
mans
vnderstanding
still
giues
the
particuler
forme
.
For
Nature
creating
man
,
gaue
vnto
him
those
worldly
blessings
to
vse
well
,
with
warrant
either
to
hold
them
in
Common
,
or
in
Proper
,
as
reason
from
tyme
to
tyme
could
best
perswade
his
will
.
But
,
when
reason
and
will
had
agreed
,
that
it
was
fit
that
euery
man
should
enioy
his
part
in
proper
;
Nature
moued
man
further
,
and
told
him
,
that
now
he
might
lawfully
think
on
his
succession
;
and
not
onely
liue
in
his
species
,
but
breath
as
it
were
to
the
worlds
end
,
in
a
lineall
Posterity
by
honorable
deeds
and
vertuous
Acts
;
with
which
desire
,
Nature
as
a
wife
mother
so
inflamed
man
her
noblest
child
after
his
fall
from
grace
,
that
some
men
by
Natures
light
only
,
haue
done
acts
almost
aboue
Nature
;
and
none
hath
hardlie
beene
so
base
,
but
desirous
to
liue
,
and
leaue
an
honorable
memory
behind
them
.
Which
,
that
they
may
the
better
do
,
Nature
hath
not
only
giuen
them
power
,
to
leaue
their
well
gotten
wealth
,
but
in
a
manner
their
habituall
vertues
to
their
issue
;
in
which
this
worldly
honour
(
the
soules
worldly
lyfe
,
and
vertues
temporall
reward
)
may
liue
free
from
all-killing
tyme
.
Yet
,
did
she
not
then
by
any
Commaund
,
leaue
it
to
any
one
in
particuler
,
but
giuing
a
generall
suggestion
of
the
fitnes
of
the
thing
,
left
the
forme
to
their
best
discretion
.
For
had
shee
not
done
soe
,
all
Nations
had
bene
tyed
to
obserue
one
forme
,
in
leauing
their
goods
,
and
fortunes
to
their
Posterityes
;
for
Nature
being
one
,
without
chaunge
to
all
,
of
necessity
prescribes
no
binding
rule
to
any
in
particuler
,
but
to
all
in
generall
;
no
man
being
able
to
say
,
that
this
Natures
law
Commaunds
me
to
do
,
and
yet
byndes
not
any
other
to
do
the
like
.
Which
is
euident
in
the
matter
of
succession
,
or
claymes
of
inheritance
;
no
one
Country
obseruing
the
forme
held
by
another
,
or
tying
it selfe
without
controle
to
obserue
his
owne
,
as
I
shall
hearafter
declare
.
For
albeit
(
as
I
haue
said
)
the
coniunction
of
man
and
woman
,
which
wee
call
Marriage
,
or
Matrimony
,
togeather
which
the
desire
of
issue
,
be
of
Nature
,
from
whence
also
are
sprung
not
only
a
diuision
of
goods
,
and
the
fortunes
of
this
world
:
but
also
a
laudable
desyre
to
preserue
a
family
,
and
name
,
by
the
ordination
of
heyres
,
to
well
gotten
possessions
;
yet
did
Nature
neuer
set
downe
as
a
law
,
that
those
fortunes
should
be
left
to
the
elder
brother
or
younger
,
or
to
any
one
in
particuler
,
or
to
all
,
but
to
whom
the
Father
,
being
true
&
free
Lord
thereof
,
should
best
deuise
by
will
guided
by
reason
.
For
it
was
neuer
yet
auerred
by
any
sound
Deuine
,
Philosopher
,
or
lawyer
,
that
Nature
makes
immediatly
heyres
,
but
men
,
whom
the
positiue
lawes
of
euery
Country
ordayne
by
that
forme
,
and
power
of
law
,
where
such
an
act
should
be
done
.
And
this
is
(
I
presume
)
without
controle
,
what
the
law
of
Nature
commaunded
touching
the
matter
in
question
.
Next
let
vs
see
,
what
the
lawes
of
God
do
commaund
.
CHAP.
III.
That
the
breach
of
some
written
lawes
of
God
vpon
warrant
of
the
Primarie
law
of
Nature
,
is
without
sinne
:
and
that
therfore
there
can
be
no
such
right
in
Primogeniture
,
which
is
not
in
the
Fathers
power
to
auoyd
,
though
there
were
a
precept
to
the
contrarie
,
as
there
is
not
.
IF
Nature
,
being
taken
for
the
principall
,
and
all-producing
cause
of
the
whole
frame
of
the
Vniuerse
with
al
creatures
therein
,
be
nothing
els
,
but
the
working
.
Will
of
the
Highest
,
and
first
Moouer
,
as
Deuines
and
Philosophers
do
hould
;
then
surely
must
Natures
law
be
his
will
,
which
he
cannot
contradict
or
commaund
to
the
contrary
,
except
he
should
be
contrary
to
himselfe
,
which
he
cannot
.
For
,
what
is
in
God
,
is
God
;
therfore
Constant
,
&
Immutable
.
Out
of
which
ground
it
is
easily
proued
:
That
if
the
law
of
God
teach
that
which
the
law
of
Nature
hath
ordained
,
the
right
of
inheritance
cannot
be
tyed
to
any
other
person
or
persons
,
then
to
those
which
the
Fathers
will
approues
,
according
to
power
giuen
him
by
the
lawes
of
the
Nations
where
he
liues
.
Which
power
deriued
from
Natures
law
,
cannot
erre
from
the
law
of
God
.
For
whosoeuer
shall
consider
but
of
Gods
Commaundements
giuen
to
man
,
shall
well
fynd
,
that
God
thereby
hath
still
seconded
his
former
ordinances
giuen
by
Nature
.
For
so
long
as
man
kind
liued
in
a
sort
,
after
the
innocency
which
Gods
grace
in
his
first
Creation
had
wrought
in
him
,
God
gaue
him
no
other
law
;
but
when
as
by
sinne
those
sparks
which
remayned
after
his
fall
were
quite
extinguished
,
he
gaue
him
new
lawes
,
yet
agreable
to
Nature
.
As
for
example
,
in
our
present
affayres
.
When
man
had
made
by
Natures
priuiledge
partition
of
Gods
and
Natures
blessings
;
then
God
said
to
his
people
by
the
mouth
of
Moyses
,
Thou
shalt
nor
steale
:
Thou
shalt
not
couet
thy
Neighbours
house
,
his
wife
,
his
oxe
,
his
Asse
,
or
any
thing
that
is
his
.
As
also
,
Thou
shalt
not
kill
.
Which
with
all
other
his
Comaundements
teaching
what
sinne
is
,
are
agreable
to
the
law
of
Nature
,
yet
are
dispensed
withall
as
far
as
the
lawes
of
Nature
euer
permitted
.
For
,
though
that
the
expresse
Comaundement
of
God
be
;
Thou
shalt
not
couet
any
thing
that
is
thy
Neighbours
,
nor
kill
,
yet
in
some
cases
,
both
may
lawfwlly
be
done
.
The
one
in
extreme
want
of
present
food
:
the
other
in
defence
of
life
and
goods
;
in
which
,
the
law
of
God
is
good
,
by
the
originall
law
of
Nature
,
which
made
all
for
the
sustenance
of
man
;
and
gaue
leaue
to
defend
life
with
the
losse
of
anothers
bloud
,
yea
life
,
if
otherwise
it
cannot
be
.
Vpon
which
ground
I
argue
thus
.
Suppose
the
law
of
God
did
at
this
present
commaund
maund
(
which
indeed
it
doth
not
)
that
the
in
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
Commandements
vpon
some
considerations
,
the
Commandement
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
;
then
sure
it
followeth
by
good
consequence
;
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
younger
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
younger
,
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
then
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
as
he
did
then
in
the
Ghospell
,
would
vse
an
vnknowne
discourse
,
or
striue
to
make
the
truth
appeare
to
our
weake
vnderstandings
by
a
Parable
which
in
equity
could
not
be
true
?
Noe
surely
.
For
it
appeares
by
Salomon
his
succeding
to
his
Father
Dauid
,
that
Dauid
had
power
by
the
lawes
of
god
and
man
,
to
giue
his
Kingdome
to
the
worthiest
,
which
hedeeming
to
be
Salomon
,
gaue
vnto
him
his
Kingdome
,
though
he
was
the
yongest
sonne
.
Neither
was
there
any
iust
exception
made
against
Adonias
his
eldest
Brother
,
or
against
some
other
of
his
Brethren
,
why
they
should
be
disinherited
by
their
Father
Dauid
,
contrary
to
the
common
practise
of
those
tymes
,
in
setling
inheritances
.
But
,
the
only
knowne
reason
of
this
act
in
Scripture
,
was
Dauid
promise
made
to
Salomons
Mother
,
togeather
with
her
great
intreaty
made
to
Dauid
to
performe
the
same
.
Which
surely
he
would
not
haue
done
,
except
hee
had
found
a
lawfull
power
in
himselfe
,
to
haue
executed
the
same
.
And
thus
much
concerning
what
may
be
said
out
of
Scripture
,
or
law
of
God
in
our
present
question
.
CHAP.
IIII.
That
nations
begining
to
denise
sundry
formes
of
setling
Inherit●nces
,
the
Romanes
especially
therin
respected
the
free
power
of
Fathers
;
the
right
of
Children
to
their
Fathers
estates
begining
only
at
their
Fathers
Death
.
HAVING
now
declared
in
the
former
chapter
what
the
lawes
of
God
,
and
Nature
doe
determyne
of
our
present
question
;
we
inted
to
examine
in
breif
,
what
is
comaunded
by
the
law
of
Man
,
aswell
ciuill
of
other
Nations
as
common
of
our
owne
Gontry
.
And
first
touching
the
ciuill
Law
thus
.
Though
that
all
Law
,
which
euer
had
but
the
name
or
credit
of
Law
,
doth
surely
deriue
her
originall
from
the
Law
of
Nature
;
whereupon
Cicero
many
hundreth
yeares
synce
said
,
that
the
ground
of
all
law
making
,
is
to
be
taken
from
the
chief
law
,
which
was
borne
before
any
law
was
written
,
or
Citty
builded
:
yet
do
they
differ
much
in
forme
.
For
as
it
is
no
law
,
but
tyranny
,
which
wholy
disagrees
with
the
law
of
Nature
,
as
Aristotle
saith
:
so
if
it
agree
in
al
with
the
law
of
Nature
without
limitation
,
or
difference
it
must
of
force
be
the
very
law
of
Nature
it self
,
and
not
the
law
of
man
.
Which
surely
is
nothing
els
,
then
a
temper
,
or
forme
of
equity
,
drawne
by
right
reason
from
the
grounds
of
Natures
lawes
;
according
as
tyme
,
place
,
and
the
Natures
of
men
either
gaue
or
shall
giue
the
occasion
.
For
though
new
lawes
be
dayly
made
of
new
&
seuerall
accidents
:
yet
all
are
agreable
to
the
old
,
and
ancient
grounds
of
reason
in
Nature
,
the
iust
Mother
of
all
law
.
Wherefore
,
hauing
set
downe
before
,
what
the
law
of
Nature
is
,
touching
the
matter
in
question
,
I
shall
need
only
now
to
shew
,
what
temper
or
forme
hath
thereunto
bene
added
by
the
Ciuill
Lawyer
.
After
that
mankind
was
inforced
(
yet
by
Natures
warrant
)
as
I
haue
said
to
make
a
partition
of
the
Blessings
of
God
,
and
Nature
:
and
that
men
were
possessed
by
the
same
right
of
goods
and
lands
,
which
they
desyred
to
leaue
to
posterity
;
law-makers
,
and
in
particuler
the
Ciuilian
,
deuised
by
little
and
little
certayne
formes
of
inheritance
,
and
ordination
of
heyres
,
at
the
first
somwhat
rigorous
;
giuing
to
Parents
power
of
life
and
death
ouer
their
Children
,
&
a
free
disposition
of
all
their
fortunes
to
any
one
of
them
in
his
life
:
but
dying
intestate
,
then
all
which
was
the
Fathers
,
to
be
equally
deuided
among
the
Children
,
as
wel
daughters
as
sonns
.
Which
Constitution
was
afterward
vpon
good
grounds
altered
:
The
Father
being
bound
to
leaue
euery
Child
a
portion
,
which
the
Ciuill
Lawyer
calleth
a
legitimate
,
others
a
Patrimony
;
which
at
the
first
was
the
eight
part
of
the
Fathers
substance
equally
to
be
deuided
(
as
I
haue
said
:
)
which
after
a
while
seeming
little
,
the
law
commaunded
,
that
the
fourth
part
should
be
left
without
controule
:
except
,
that
vpon
iust
cause
the
Testator
did
disinherite
him
or
them
who
by
course
of
law
were
to
succeed
him
:
still
vpholding
the
former
lawes
,
that
aswel
daughters
,
as
sonnes
,
should
equally
succeed
to
their
Parents
dying
intestate
;
herein
assigning
fourteene
Causes
,
why
an
heyre
might
lawfully
be
disinherited
.
Many
hundred
yeares
passed
,
from
the
establishing
of
the
Ciuill
law
,
and
before
that
it
was
ordayned
by
force
of
law
that
Parents
should
leaue
a
Childes
part
(
as
it
is
now
called
)
or
that
he
could
not
disinherit
,
without
expressing
the
cause
thereof
in
his
last
Will
:
yet
,
in
all
this
tyme
,
nor
vntill
this
present
day
,
the
priuiledg
of
engrossing
all
by
Primogeniture
was
not
once
heard
of
,
or
at
least
wise
not
admitted
,
but
rather
excluded
;
as
by
many
texts
in
the
same
Law
it
well
appeares
:
The
end
of
the
Imperiall
,
or
Roman
Ciuill
law
,
being
only
to
maintaine
morall
Iustice
inthree
short
precepts
,
Liue
honestly
;
Hurt
no
Man
;
Gine
vnto
euery
one
his
owne
.
So
he
who
obserues
these
three
,
fulfills
this
law
,
yea
the
law
of
Nature
,
from
whence
this
law
is
sprung
.
Now
,
if
any
Brother
can
proue
,
that
his
Father
either
in
life
by
deed
,
or
by
will
at
his
death
disposing
of
his
goods
&
lands
,
no
otherwise
then
I
haue
set
downe
,
doth
none
act
against
these
three
;
then
why
should
he
not
content
himself
,
either
with
the
fruits
of
his
Fathers
loue
,
or
his
owne
deserts
whatsoeuer
they
be
.
True
it
is
,
that
in
Naturall
iustice
,
children
during
their
Fathers
life
,
haue
Ius
ad
rem
,
and
not
Ius
in
re
to
a
Fathers
goods
.
Whereupon
the
Law
calleth
them
Quasibonorum
patris
Dominos
.
Which
their
right
onely
takes
effect
after
their
Fathers
death
.
For
during
life
,
hee
hath
power
to
alter
,
alien
,
sel
,
and
giue
as
it
shal
please
him
according
to
forme
of
law
;
but
being
dead
without
will
,
or
disposition
therof
,
they
fall
vpon
his
children
(
as
I
haue
said
)
according
to
the
law
of
nations
.
This
law
imbraceth
a
two
fold
iustice
;
the
one
in
exchange
,
the
other
in
distribution
.
The
first
hath
not
to
do
with
our
cause
:
the
other
surely
rather
commends
,
then
condemns
a
Father
,
who
vpon
good
occasion
,
that
is
,
for
the
bad
demerits
of
his
eldest
sonne
,
and
for
the
preseruation
only
of
his
family
,
shall
giue
,
or
conuey
his
lands
&
goods
to
the
yonger
.
For
the
Nature
of
distributiue
iustice
,
is
not
only
to
giue
proportionably
to
the
well
deferuing
:
but
also
to
forbeare
to
place
benefits
vpon
any
one
who
shall
abuse
them
;
or
vse
them
to
any
other
end
,
then
to
that
good
for
which
they
were
lent
him
,
and
hee
shall
leaue
them
.
And
this
is
,
Ius
suum
vnicuique
tribuere
.
For
no
man
can
giue
or
sell
his
goods
to
an
euill
end
,
or
to
any
one
whom
he
assures
himselfe
will
vse
them
to
the
dishonour
of
God
;
or
the
wrong
of
those
who
shall
liue
with
him
,
or
by
him
;
of
which
I
will
speak
more
in
the
last
chapter
,
being
there
to
handle
what
a
Father
may
in
conscience
do
,
or
not
do
,
in
our
present
question
,
with
sinne
,
and
without
sinne
.
And
thus
much
of
the
Ciuill
and
Canon
Lawyers
auerment
of
an
elder
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
sonne
.
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
Atomie
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
said
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
conscience
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
his
Father
,
be
put
in
execution
.
It
is
well
knowne
to
all
diuines
(
as
I
haue
said
)
that
holy
writ
hath
not
prescribed
any
direct
,
or
precise
forme
to
the
Children
of
God
,
whereby
they
are
bound
in
Conscience
to
dispose
of
their
lands
&
goods
,
but
hath
absolutely
left
them
to
the
customes
of
their
Country
,
where
any
act
of
that
kind
shal
be
executed
,
only
as
confirming
all
formes
of
deuises
which
by
publick
consent
,
and
authority
,
either
haue
,
or
shall
in
rightfull
manner
be
deuised
,
or
ordained
.
Out
of
this
ground
and
others
before
mentioned
;
let
vs
examyne
,
whether
a
Father
parting
his
fortunes
by
power
of
law
,
and
on
iust
cause
;
shall
do
a
wrongfull
,
and
a
sinfull
act
as
some
pretend
to
make
it
.
I
confesse
,
that
euery
act
in
it self
,
or
by
Circumstance
euill
,
and
which
vpon
no
occasion
can
be
iustified
,
is
both
before
God
,
and
man
sinne
;
and
is
by
no
means
to
be
executed
by
a
Christian
.
But
that
the
parting
of
an
inheritance
,
or
the
disinheriting
of
an
eldest
sonne
,
vpon
iust
cause
,
and
according
to
course
of
Law
,
is
an
act
of
that
nature
,
doth
not
appeare
.
For
I
do
not
fynd
,
that
either
the
Law
of
Nature
,
or
grace
,
nor
yet
the
Lawes
of
man
,
common
,
ciuil
,
or
Canon
,
euer
forbad
such
acts
,
whereby
sinne
may
be
imputed
to
those
who
do
them
on
good
considerations
.
Sure
I
am
,
that
the
Cannon
,
and
Ciuill
Law
,
are
so
far
from
forbidding
them
,
that
they
commaund
,
as
a
thing
in
equity
,
the
Father
either
to
deuide
his
inheritance
,
or
allow
him
,
according
to
his
affection
,
to
giue
to
one
,
more
then
to
another
:
yet
with
this
prouiso
;
that
he
who
hath
the
least
haue
his
childes
part
,
which
the
Law
doth
also
assigne
,
except
on
iust
desert
he
do
disinherit
any
one
;
which
at
this
day
may
,
yea
must
be
by
will
,
with
the
cause
of
disinherision
named
therein
.
Of
which
causes
the
Imperiall
Lawes
haue
set
downe
fourteene
,
as
it
shall
well
appeare
to
them
who
are
desyrous
to
vnderstand
more
thereof
.
So
it
is
euident
,
that
by
these
two
Lawes
,
no
sinne
can
grow
vpon
such
acts
,
being
done
vpon
their
warrant
,
and
vpon
such
consideration
,
as
hath
bene
before
often
by
me
set
downe
.
As
for
the
common
Lawes
of
our
Realme
sure
it
is
,
that
they
allow
no
lesse
,
and
with
a
greater
preuiledge
.
For
a
man
may
by
this
law
,
giue
his
landes
held
in
Fee
,
either
by
deed
in
his
life
,
or
by
will
at
his
death
,
to
any
of
his
Children
;
yea
,
to
a
stranger
,
without
rendring
a
reason
why
he
doth
so
.
True
it
is
,
that
a
Father
,
not
disposing
thereof
in
such
sort
,
the
Custome
giues
the
whole
estate
to
the
eldest
:
yet
in
some
parts
of
our
Country
,
the
youngest
Brother
by
Custome
is
to
haue
the
land
,
held
by
some
kind
of
tenure
,
if
the
Father
in
his
life
tyme
do
not
dispose
thereof
.
As
yet
therefore
I
cannot
see
how
any
sinne
is
commited
,
or
contracted
by
the
former
acts
,
being
neither
done
against
the
law
of
God
,
or
man
,
as
we
haue
proued
;
except
it
should
be
said
to
be
sinne
,
not
to
leaue
it
to
the
power
of
a
custome
;
which
cannot
be
except
the
former
law
shal
be
proued
not
to
be
of
force
,
and
no
way
to
be
executed
,
which
can
no
way
bee
done
.
For
though
I
must
confesse
,
that
the
custome
of
leauing
the
child-estate
to
the
eldest
sonne
,
hath
of
later
times
bene
much
imbraced
by
our
Gentry
,
for
the
preseruation
of
their
families
,
for
which
it
was
inuented
:
For
the
tymes
haue
so
ruled
,
that
men
of
sort
being
either
idle
,
or
not
possessed
with
a
couetous
humor
,
haue
contended
themselues
with
their
Fathers
fortunes
,
and
haue
preferred
their
younger
sonns
by
those
means
,
which
the
tymes
did
affoard
;
which
preferments
were
then
better
then
now
they
are
namely
by
many
commendable
courses
;
as
either
by
seruice
of
spirituall
men
,
whereby
many
were
raised
or
by
professing
a
spirituall
life
,
whereby
the
younger
brother
hath
oftentimes
in
honnor
stept
before
the
elder
.
But
this
manner
of
life
is
not
so
gratefull
to
our
English
gentlemens
Natures
as
it
hath
bene
.
The
trade
of
the
Merchant
,
the
Military
profession
,
the
Courtyers
life
,
aduanced
many
more
,
then
now
they
do
;
and
lastly
,
the
elder
brothers
were
the
of
better
temper
in
spending
:
and
if
they
had
no
humour
to
get
,
yet
had
they
a
care
to
keep
what
was
left
vnto
them
;
and
euer
held
themselues
bound
by
religion
to
prouide
for
their
younger
brothers
and
sisters
,
left
to
their
dispose
,
which
now
is
far
otherwise
.
For
an
elder
brother
is
found
to
spend
more
in
a
yeare
idlie
,
then
would
prefer
,
or
maintaine
a
whose
familie
noblie
;
and
to
suffer
their
brothers
and
sisters
to
shift
,
which
as
these
times
shape
,
is
oftentymes
to
liue
either
lewdly
,
or
most
miserably
:
being
forced
either
to
forget
their
good
education
,
or
to
lay
aside
all
badges
of
gentrie
,
who
otherwise
with
some
reasonable
helps
,
might
do
God
,
their
Countrey
,
and
Family
much
honour
.
Since
wee
haue
gone
so
far
,
let
vs
see
on
what
grounds
this
custome
first
hath
risen
.
Surely
for
the
maintenance
of
a
family
,
yet
led
with
,
an
ambition
,
at
the
example
of
princes
,
who
finding
some
difficulties
in
the
admitting
of
many
to
a
gouernement
,
and
feling
what
inconueniences
the
parting
of
an
estate
brought
,
deuised
that
one
should
gouerne
;
sometimes
the
worthiest
,
sometimes
the
eldest
was
elected
,
according
as
the
order
was
agreed
vpon
,
and
yet
the
other
brothers
were
mainteyned
like
Princes
.
And
thus
,
custome
also
among
them
hath
bene
broken
,
without
imputation
of
sinne
.
For
to
go
no
further
then
our
later
times
;
it
is
well
knowne
that
Ferdinand
(
Charles
the
fifth
his
brother
)
being
setled
in
the
Empyre
,
deuided
his
estate
.
To
Maximilian
his
eldest
sonn
,
he
left
the
Empyre
,
with
Austria
,
Hungaria
,
and
Bohemia
.
To
Charles
his
second
sonne
,
Styria
,
Carinthia
,
and
other
dominions
,
And
to
Ferdinand
the
youngest
,
he
gaue
the
Earldome
of
Tyrol
.
All
which
,
if
in
his
life
tyme
he
had
not
disposed
of
,
had
come
to
the
eldest
.
Philip
the
second
,
late
king
of
Spaine
,
gaue
to
his
Daughters
the
17.
Prouinces
,
which
were
of
right
to
haue
descended
to
his
sonne
after
his
death
,
if
he
had
not
disposed
thereof
in
his
life
tyme
.
This
is
,
and
was
deemed
lawfull
by
the
Diuines
of
this
age
,
otherwise
surely
they
would
neuer
haue
done
it
.
But
doth
this
custome
in
meaner
degrees
work
that
effect
which
it
hath
done
in
them
?
No
truely
.
For
as
wee
haue
proued
,
it
is
rather
the
ouerthrow
then
the
preseruation
of
many
families
.
And
let
vs
see
withall
,
whether
families
florithed
not
as
much
and
more
then
now
they
do
,
before
this
custome
was
receiued
.
Liuic
saith
that
three
hundred
of
the
Faby
,
being
all
of
one
name
and
family
,
issued
out
of
Rome
gates
at
one
tyme
on
their
owne
cost
,
to
the
defence
of
their
citty
,
which
was
done
before
this
custome
was
dreamed
of
.
In
Scotland
300.
of
the
name
and
family
of
the
Frasers
,
gentlemen
,
were
at
one
tyme
slaine
in
a
fight
by
their
enemies
neighbors
;
and
140.
gentlemen
of
one
name
in
Yorkshire
waited
vpon
their
chiefe
,
or
principall
man
of
their
house
being
at
that
time
high
Sheriffe
.
In
other
countreys
many
Noble
families
,
from
the
Romans
downward
,
haue
continued
where
this
custome
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-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
giuen
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
them
(
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
summum
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
,
than
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
tennant
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
,
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
of
a
Fathers
soueraigne
power
ouer
the
life
of
his
child
,
giuen
to
him
by
the
lawes
of
the
twelue
Tables
,
where
it
is
written
,
that
[
*
](A20768-e11850-b)
*
Leg.
12.
Tabular
.
cap.
3.
Dionys.
Halicarnass
.
Lib:
2.
Antiquitat
.
Paterfamilias
haberetius
vitae
;
yea
more
:
terque
filium
venundandi
potestatem
,
I
will
briefly
,
and
effectually
proue
what
I
affirme
herein
,
out
of
the
sacred
Text
it selfe
.
There
then
it
plainely
appeares
,
that
Fathers
had
power
among
the
Iewes
,
to
cause
their
children
for
riot
,
disorder
,
or
vnthriftines
,
to
be
stoned
to
death
.
Ergo
power
to
disinherit
.
If
a
man
shall
beget
a
stubborne
,
and
vnruely
sonne
,
who
shall
not
heare
the
commaundement
of
his
Father
,
and
Mother
;
and
being
chastised
shall
contemne
to
obay
,
they
shall
apprehend
and
bring
him
to
the
seniours
of
that
Citty
,
and
to
the
gate
of
iudgment
.
And
they
shall
say
to
them
:
This
our
sonne
is
headstrong
,
and
disobedient
,
contemns
to
heare
our
admonishments
,
giues
himselfe
ouer
to
rioutous
excesse
,
and
is
a
drunkard
.
The
people
of
that
Citty
shall
ouerwhelme
hini
with
stones
,
and
he
shall
dye
,
that
yee
may
take
euill
from
among
you
;
and
that
all
Israell
bearing
it
may
feare
.
Out
of
which
place
in
Gods
word
,
wee
may
gather
how
odious
a
vice
vnthriftines
was
among
the
people
of
God
;
&
what
ample
power
a
Father
had
to
punish
the
same
in
his
child
.
For
if
wee
do
well
obserue
the
manner
of
the
processe
,
betweene
the
Father
and
the
child
in
this
case
,
we
shall
fynd
that
the
Father
was
accuser
,
witnesse
,
and
as
it
were
iudge
of
his
owne
cause
.
For
we
fynd
not
,
that
the
Seniours
of
the
Citty
did
giue
sentence
,
or
further
examyned
the
proofes
of
the
Fathers
accusation
,
but
their
presence
giuing
as
it
were
allowance
to
a
Fathers
power
,
and
intention
to
punish
his
sonne
,
the
people
might
without
more
inquiry
,
stone
to
death
so
euil
a
deseruing
child
.
Which
being
by
my
reader
well
considered
,
my
hope
is
,
that
it
will
neuer
heerafter
seeme
vnlawfull
,
though
somwhat
straung
,
that
a
Father
should
disinherit
his
eldest
,
or
any
other
sonne
of
his
,
for
the
cause
only
of
vnthriftines
.
And
although
the
world
,
of
men
is
grown●●●
to
that
greatnes
,
that
it
is
necessary
,
that
one
generall
Father
,
or
politique
head
should
be
in
a
Kingdome
,
or
State
,
which
may
iustly
abridge
some
of
those
priuiledges
,
and
abate
a
Fathers
power
;
all
Fathers
being
become
children
to
the
Father
of
all
Fathers
,
their
Lord
and
King
vnder
God
:
yet
the
power
to
raise
and
maintaine
a
family
by
good
and
lawfull
means
,
is
still
both
allowable
,
and
commendable
in
a
Parent
.
Who
may
from
tyme
to
tyme
reward
,
according
to
distributiue
iustice
,
al
those
who
liue
vnder
him
,
by
leauing
his
fortunes
to
them
,
as
in
iustice
they
shall
deserue
,
and
law
shall
allow
.
So
that
there
is
no
question
,
but
he
may
still
disinherit
,
according
to
the
power
of
that
law
vnder
which
he
liues
.
For
no
other
tye
is
ouer
him
;
God
and
Nature
allowing
that
,
at
this
day
,
and
for
euer
,
which
once
they
gaue
vnto
him
.
Which
authority
he
not
only
may
,
but
ought
also
to
execute
,
as
far
as
the
law
of
man
shall
permit
;
otherwise
he
shal
erre
in
his
Paternall
iustice
.
For
a
Father
is
not
only
to
beget
and
nourish
his
Children
in
his
life
,
but
by
Natures
law
must
prouide
to
his
power
,
that
they
liue
both
in
his
life
,
&
after
his
death
to
the
honour
of
God
the
seruice
of
their
Country
,
and
Comfort
of
their
family
:
which
were
the
only
ends
for
which
God
created
man
a
ciuill
&
a
reasonable
Creature
.
All
which
,
if
it
shall
assuredly
be
thought
by
a
Father
,
that
any
Child
of
his
will
wholy
neglect
,
or
rather
execute
the
contrary
;
than
no
question
,
a
Father
is
not
bound
to
leaue
him
any
more
then
shall
honestly
suffice
the
necessities
of
Nature
.
For
as
I
haue
said
before
,
no
man
may
giue
,
or
lend
his
goods
to
any
one
,
who
will
in
all
mens
iudgments
assuredly
abuse
them
.
But
let
vs
see
,
whether
a
desperate
vnthrift
may
be
arraigned
,
and
adiuged
guilty
of
these
accusations
.
Surely
it
is
cleere
;
that
all
vnthrifty
courses
are
displeasing
to
God
,
and
contrary
to
his
honour
.
And
how
can
he
be
able
to
serue
his
Countrey
,
who
in
short
tyme
will
not
be
able
to
serue
himselfe
with
necessaries
wherewith
to
liue
,
but
must
of
force
be
mainteyned
like
a
Droane
in
a
Common
wealth
,
out
of
others
labours
.
As
for
his
family
,
what
greater
discomfort
can
it
haue
,
then
an
absolute
ouerthrow
:
whereby
the
Noble
acts
and
honour
gotten
to
it
by
their
Predecessors
vertues
,
are
buried
in
obliuion
;
and
the
present
,
and
future
hopes
of
all
worldly
and
lawfull
honour
(
vertues
temporall
rewards
)
are
taken
away
.
And
shall
not
all
this
deserue
disinherison
?
Can
there
be
a
greater
sinne
committed
against
the
honour
,
and
essence
of
a
family
,
as
it
is
a
family
,
then
to
be
spoyled
of
her
honour
,
&
life
it self
?
For
in
these
our
tymes
welgotten
goods
,
and
vsed
as
they
ought
,
are
the
only
soule
,
by
which
a
family
,
and
all
the
vertuous
acts
which
it
hath
done
,
may
liue
.
Since
therefore
the
highest
is
sought
and
aymed
at
in
this
sinne
,
surely
according
to
the
proportion
of
distributiue
iustice
,
the
greatest
punishment
is
in
equity
due
to
the
same
,
according
to
the
reason
of
the
precept
,
●us
suum
vnicuique
tribuere
.
Nature
teartheth
the
silly
Bees
in
their
Common
wealth
,
to
do
to
death
their
Droanes
,
who
liue
of
others
labours
;
and
shall
it
then
be
thought
vnlawfull
for
a
Father
so
to
punish
an
incorrigible
vnthrift
,
who
will
not
only
liue
of
others
labours
;
but
also
subuert
the
honorable
endeauours
of
his
Noble
Ancestors
?
Thus
if
sonnes
may
be
deemed
&
domed
by
the
offended
,
hauing
power
to
do
both
,
according
as
the
offence
done
against
them
shall
by
circumstance
be
of
quality
(
as
we
haue
proued
they
may
and
ought
;
)
then
certainely
it
is
lawfull
for
a
Father
so
to
do
,
as
I
haue
formerly
set
downe
But
because
example
in
all
doubtfull
questions
,
do
make
their
side
the
stronger
;
it
shal
not
be
amisse
,
for
the
cleering
of
all
the
premises
,
to
add
some
few
to
the
former
,
drawne
as
well
from
Kinges
(
by
whose
patterns
totus
componitur
orbis
)
as
from
inferiour
persons
,
whose
qualities
best
fit
the
condition
of
our
present
subiect
.
And
if
kingdomes
and
Common
wealths
haue
fauored
it
,
then
certainly
by
all
arguments
à
maiori
ad
minus
,
it
may
much
rather
be
done
,
and
ought
to
be
suffered
in
priuate
families
.
CHAP.
IX
.
The
maine
points
of
the
Premisses
exemplified
in
diuers
particuler
Facts
,
aswell
of
Princes
,
as
of
priuate
Men.
It
is
not
fit
perhaps
to
vrge
the
better
acceptance
with
God
,
of
Abels
offering
aboue
Cayns
the
elder
Brother
,
but
of
that
estate
which
Abel
had
in
Adams
Patrimony
.
Affrick
,
Asia
,
and
all
the
rest
of
the
earth
.
Whereas
,
according
to
the
pretenses
of
those
customary
challenges
,
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
,
Of
Salomon
I
haue
spoken
before
,
who
was
not
the
eldest
sonne
of
Dauid
,
Augustus
Caesar
,
the
most
renowned
of
all
the
first
Emperours
,
setled
the
succession
of
his
Empire
,
not
vpon
his
onely
G●andchilde
Agrippa
Posthumus
,
Chosroas
King
of
Persia
,
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
,
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
grandsonnes
M●rgan
and
Cunedage
,
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
distinction
of
the
countrey
into
Northwales
,
Southwales
,
and
Po●island
,
but
others
since
haue
done
the
like
among
them
.
As
for
Brutus
History
,
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
,
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
.
Dragons
head
,
though
begotten
in
Bastardy
,
rather
than
the
sonnes
of
Lot
king
of
Pic̄tland
,
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
,
Florentius
Wigornienss
,
an
authour
aboue
500
yeares
old
)
R●gni
gubernacula
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
:
The
title
of
more
sufficiency
,
not
of
more
propinquity
made
Stephen
,
Henry
Plantagenet
.
I
will
not
speake
of
King
Iohns
succession
before
his
nephew
Arthur
,
the
sonne
of
Geffr●y
,
the
elder
brother
to
Iohn
.
Henry
the
4.
And
what
interest
had
Henry
of
Ri●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
notis●
)
Plantag●nets
,
Mortiniers
,
Beaufords
,
B●●●champ●
,
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
●●
L●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
▪
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
,
Miles
Earle
of
Heresord
far
the
greatest
part
of
his
patrimony
from
his
Children
.
The
one
of
these
examples
is
in
the
description
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
committed
;
but
also
preuents
offences
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
.
Vpon
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
men
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
b●oud
of
his
nearest
,
and
dearest
friends
;
namely
his
children
,
brothers
,
and
sisters
:
●b●●●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
mo●●●rous
,
b●●●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
Ca●●●●
;
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
.