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

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who should be preferred to the inheritance unlesse the son so preferred had a native natural and undoubted right thereunto and that there were also a general practise of all good Parents concurring as it is in the case of eldest sons to confirm it and and this appears by dayly and infinite presidents some whereof the Apologer himself recites as that of Chosroes King of Persia Leir King of Brittain and that great example so much urged by him of the disinherited Esau For Esau though he sold his brother the Birthright and volenti non fit injuria yet being disinherited he purposed to kill his said brother and doubtless had done it if Jacob had not fled and banished himself for many years from his own father and countrey or rather indeed if God himself had not relented and mollified the obdurate and resolved heart of this fierce and offended brother And if Esau would for this have killed his own brother and a good brother who never wronged him in this or any thing else for Esau had before freely and willingly sold him the birthright how much more willingly and readily would he have revenged himself upon others nothing ally'd unto him who should have procured his disinheritance which is indeed the greatest injury that can be done to man in this world for our estate and birthright is as our life and whosoever takes away the one doth endeavour as much as in him lies to kill the other nay he doth kill and more then kill the other for it is said Eccl. 34. and 40. He that taketh away his neighbours living killeth him and that it is better to dy then to want You may see here how much the Apologer doth err in his zealous care which as a Patriot he bears to the glory and good of Gentlemens houses by alledging that that for a reason or cause of their preservation which would be their undoubted overthrow That indeed which doth most preserve a Family are these two things The first is children and chiefly good children and if there be no children the other collateral heirs who are the next in blood whom the divine and all good humane Laws have ordained to inherit The second is lands and goods well gotten or honestly descended and as honestly imploy'd during the possessours life and so to descend again in that right way of inheritance which God hath commanded and all good Laws establish'd and it cannot be doubted but that the blessing of God will accompany so good endeavours for it is promised Psal 1.24.91.101.127 c. that the just shall be as an everlasting foundation and shall not be removed That he shall spring as a green leaf and his house be permanent whereas after a while the sinner shall not be and thou maist look his place but thou shalt not find it The free power of Parents FAthers are so far from being such such absolute Lords and masters of their estates and children as the Apologer pretends that they are not so much as quarter masters of themselves for sayes an Apostle Rom. 14. No man is born to himself and the very Heathens say Cic. de offic Partem patria partem parentes our Parents and our countrey which is also our Parent do claim a great part of us and can we think there is nothing due to our children are we commanded Matth. 2. and 5. Luke 6.1 Pet. 2. To love our neighbours as our selves nay even to love our enemies and to do good to them that hate and hurt us and hath a father such free and absolute power over his estate and children that he may lawfully disinherit his children and give his estate to strangers or to whom he will and if a father be so far from being master of himself that his countrey Parents kinred friends neighbours nay every man who is a member with him of the same Commonwealth hath some right unto him or a part in him how can any man be so shameless to say or so foolish to think that a father or any man whosoever can be an absolute master of his estate when he is not so much as quarter master of himself And concerning that absolute and monstrous power of Parents in disposing of the estate at their pleasure The Apologer sayes that many ages were numbred from the worlds beginning before any man laid any proper claim to any thing as due to himself alone and he sayes also that with God there is no exception of persons and that God gave the whole earth to the sons of men terram autem dedit filiis hominum that is not to any one in particular but to all in general by which reasons and grounds there is not any man can absolutely say this is mine or that is mine by the Laws of God and Nature But have men therefore no right at all to their lands and goods Yes doubtless but it is a conditional not an absolute right for sayes the Apologer a Family is a civil society yea the only Commonwealth which God and Nature first ordained from which all Societies Republiques and Species of Regiment took their Original and it is true for there can be no doubt but that the first Commonwealths were at the first but so many great Families and that all Commonwealths sprung first from Families and when there was a Common-wealth establish'd or rather begun and a proportion of lands allotted to every one in particular they then bound themselves by Laws which Laws they enacted by an unanimous consent amongst themselves for the quiet enjoying and well ordering of such their particular estates for their peaceable and amicable living one with another for punishment of transgressors or repelling unjust violence amongst themselves and for their general defence against forraign invasion or for what else soever that shall make most for the general good alwayes including an inviolable right and power in the Republique or General state according to necessity of times and occasions to alter some of the said Laws as also to dispose and command as they found cause every mans person and every mans particular estate And this the Apologer acknowledges though it be against his free power saying the world of men is grown to that greatnesse that it is necessary one general father or politick head should be in a kingdom or state which may justly abate a fathers free power all fathers being children to the father of their countrey their Lord and King under God And the Apologer knows that fathers are so far from being such absolute Lords and masters of their estates that if a father or any man else do wilfully fling away some of his money or other his goods into the Sea or into any place where it cannot be had again he shall be begg'd for an Ideot and have his estate taken from him and he gives this reason and as good a reason as can be given interest Reipublicae it belongs to the Commonwealth that men so dispose of their estates as