Orations of divers sorts accommodated to divers places written by the Lady Marchioness of Newcastle.

SEVERAL CAUSES PLEADED IN SEVERAL COURTS OF JUDICATURE. (Book 4)

PART IV. (Book 4)

Accusing and Pleading at the Barr before the Judges, for and against a Woman that hath kill'd her Husband.

Most Reverend Judges,

The Plaintiff

THis Woman, who is Accused, not only for Killing a Man, but her Hus∣band, we have for this Grievous and Horrid Fact brought before your Honours, to be Judged according to the Laws, delivering her to your Justice and Judgement.

Defendant.

Most Reverend, and Just Judges, 'T is true, that this Unhappy Woman hath unfortunately Kill'd her Husband, but Heaven knows, it was Against her Will, and as I may say Against her

Knowledge: for her Husband and She being Lovingly together, not Mistrusting any Danger, on a sudden came a Man, who as it seems, was her Husbands Enemy, for he assaulted her Hus∣band with a drawn Sword; this Woman seeing her Husband in Danger, as being Unarmed and Defenceless, was so afrighted as she knew not what she did; Wherefore, she having got a Dagger, which lay in the Room they were in, and thinking to thrust it into her Husbands Ene∣my, Unawares thrust it into her Husbands Body, wherewith he fell down, and immediately Died, which when she saw and perceived the mistake, she was as Distracted, and at last fell into a Trance, but being Recovered out of that faint Fit, she hath since remain'd a most Sorrowfull and La∣menting Widdow; I Express her Sorrow, to prove her Innocence from all Evil Constructi∣ons; for the Death of her Husband was not Designed or Intended by her, but by Fate and Fortune; and it is the Duty of a Loving Wife, to defend her Husbands Honour, Person, and Life, with all her Indeavours, and if the success of her Honest, Loyal, and Loving indeavours falls out unfortunately, She ought not to be Pu∣nished for her Misfortune; for Misfortune is no Crime, but rather to be Pitied and Comforted, either can Justice make Misfortune a Law to Condemn to Dye; and shall Duty and Loyalty be made Traitors? shall Honest Love be Pu∣nished with Torments and Death? No, Most Reverend Judges, Love and Loyalty ought to

be Honoured with Praise and Respect, and not with Torments and Death, and the Death of this VVomans Husband was caused by a mas∣kered Fear, proceeding from an Extraordinary Love. Thus his Death was a Chance, not an In∣tended Murder.

Plaintiff.

Most Reverend Judges, there can be no Wit∣ness of the Intention, but her own Knowledge and Conscience, which are Invisible and not Proveable, and therefore Insufficient to Acquit Her; but that which is a Sufficient VVitness a∣gainst her Intention, and may lawfully Condemn her, is her indeavour to Resist the Judgement and Sentence of Death; for all Good, Loyal, and Loving VVives ought, nay, desire to Live and Dye with their Husbands, when as they be free from all Suspect, wherefore much more ought they to accompany their Husbands in Death, who are liable to be Judged and Condemned for Treason and Murder; for as it is Unlawfull and Irreligious for to Act her own Death, so it is Dishonourable and Impious to Indeavour to re∣sist the Judgement of Death by Lawfull Autho∣rity, Pleading by her Lawyers most shamefully for Life.

Defendant.

Most Reverend Judges, It is not that she De∣sires to Live, but not to Dye Infamously, as to Dye as a Murderer of her Husband; for though her Husband was Kill'd by her Hand, yet he was not Kill'd by her Intention, but by Chance, which misfortune makes her Life a Torment to her, for being so unhappy as Unwittingly to

Destroy him, which her Life did most Delight with; but yet she would, if she could, rather Live Miserably, than Dye Dishonourably; for in her Dishonourable Death, both She and her Husband doth doubly Dye.

Plaintiff.

Most Reverend Judges, It were better Two Persons should Dye Four times over, than such a Crime should be Once Pardoned; for the Ex∣ample will be more Dangerous, than to have an Innocent Condemned would be Grievous: But it is most probable, She is Guilty.

A Cause of Adultery Pleaded at the Barr before Judges.

Most Reverend Judges,

Plaintiff.

HEre is a Man and a Woman, that were Ta∣ken in Adultery, and brought hither to be judged, that they may Suffer according to the Law, which is Death.

Defendant.

Most Reverend Judges, This Adulteress, and Adulterer, (for so in truth they are) al∣though the Woman is ashamed to confess in Words, only in silent Tears, yet the man con∣fesseth his fault publickly, and asks pardon, only he says, it is a Natural fault: for the desire of Procreation is Born and Bred in all Nature's Animal Creatures; it is an Orginal Appetite, but whether it be an Original Sin, he says, he doth not know; yet if it be, it may more justly be Pardoned, than Gluttony, which was the

cause of Mans Fall, witness Eve, and the forbid∣den Fruit; and that Damnable Sin, Gluttony, that destroyes many Lives through Surfeits, the Law takes no notice of, but Procreation that begets and makes Life, is Punish'd by the Law, which seems strange to Reason, that Cursed Gluttony should be Advanced, and Loving A∣dultery Hang'd. Indeed, it is a great Injustice, at least a grievous Law; and surely our Fore∣fathers, that made that Law, were Defective either in Bodies or Minds, or at least in Judge∣ment; and though I confess it is not fit, we should break or dissolve those Laws, howso∣ever Erroneous they are, that our Predecessors made; yet we, their Posterities and Successors may Sweeten or Qualifie the Extreme Rigor of their Laws, as in this Case of Adultery, to Punish the Bodies, but to Spare their Lives; or to Fine their Estates, and Spare their Bodies; for if the Rigor of the Law should be put in Execution in all Cases, and to all Persons, there would no man be Free, either in his Estate, Per∣son, or Life; but howsoever, this Male-offen∣der, my Client, sayes, that if he must Dye, yet he shall not Dye Basely or Dishonourably, by reason he shall Dye Loves Martyr; As for the Femal offender, She sayes, that she was seduced by Nature, as Eve by the Devil, and Women being of Soft and Tender Dispositions, do easily yield to an Inticing Appetite; besides, men be∣ing Eloquent in Perswading, Prevalent in Flat∣tering, Free in Protesting, and Earnest in Vows

and Promises, all which hath such force with Females, who are Credulous and Believing Creatures, as she had no Power to deny him his Desire. But both these Lovers desire these Most Noble and Just Judges to Consider, their Crime is not caused through Spite, Envy, Ma∣lice, Revenge, Scorn, Pride, Hate, or the like Sins, but through Love, Kindness, Friendship, Charity, Generosity, Humility, and such like Vertues, which caused this Crime, namely A∣dultery, so that it is the only Sin, that is Built upon Vertues: besides, this Sin, namely Adul∣tery, hath a Well-pleased Countenance, a Court∣ly Behaviour, and an Eloquent Speech, which is the cause, most Men and Women are in Love with this Sin, the Gods forgive them for it; for this Sin doth not appear with Terrible and Hor∣rid Aspect as Murder, as to cause the very Soul as much as the Senses to be Maskered with Fear; not it doth not appear of so Foul an Aspect as Gluttony and Drunkenness, as to cause Hate or Aversion, but it hath so Amiable an Aspect as to cause Love, and so Fruitfull an Effect as to cause Life and Living Creatures. They implore Mercy, and beg your Favourable Sentence, and since it is a Natural effect for Males and Females to be Adulterers, at least Lovers, you may as soon destroy all Animal Creatures as this Sin, if it be one; and if there be some Men and Women purely chast, those are of Divine Compositions, and not Perfect Naturals, their Souls and Bodies having more of the Purity of the Gods, than the

gross Corporality of Nature; but these two Offendants confess, they have proved them∣selves Nature's Creatures, and the Woman says she is Eve's Daughter, but if you will Spare her Life, she hopes to be as great a Saint as Mary Magdalen; for she will beg Pardon by Re∣pentance, and wash out her Sin with her Tears.

Plaintiff.

Most Reverend Judges, This Pleader ought to be Condemned, not only for a Corrupt Law∣yer, but a Wicked Man, and may very well be believed to be Guilty of the same Crime, he Pleads so well for; for if he were not Guilty of the Crime, he would not Plead for a Par∣don.

Defendant.

Most Reverend Judges, I am no more Guilty of the Sin, than the Interceding Saints in Hea∣ven for Sinners on Earth; but if the Pleader should be Condemned for the Cause of his Client, neither Truth would be Heard, nor Right Decided, so that all Justice would be O∣verthrown with Malicious Accusers, and False Witnesses. But howsoever, Most Reverend Judges, I am not to Decide the Cause, though I Plead in the behalf of my Clients, and it is the Profession of a Lawyer, to speak for his Clients, and not Against them, whatsoever their Cause be; for this is the part of their Opposites, and I am not to fling the first Stone.

Plaintiff.

Most Reverend Judges, Howsoever he be Affected, whether evil or not, yet the Cause he Pleads, is a Wicked Cause, and the Offenders

ought to be severely Punished, according to the Punishing Laws for such Offences and Offen∣ders; and if Adultery should be suffered, Pro∣priety and the Right of Inheritance would be lost in the Obscurity of hidden Adultery, or in the Uncertainty of the Right Children or Fa∣thers.

A Cause Pleaded at the Barr before Judges, concerning Theft.

Most Reverend, and Just Judges,

Plaintiff.

HEre is a man, which is Accused for Stealing privately, and Robbing openly, against all Law and Right, the Goods of his Neighbours, for which we have brought him before your Honours, appealing to the Laws for satisfaction of the Injuries, Wrongs, and Loffes, leaving him to your Justice and Judgement.

Defendant.

Most Reverend Judges, I am come here to Plead for this poor man, my Client, who is Ac∣cused for Stealing, which is a silent obscure way of taking the Goods of other men, for his own use; also this Poor man, (for so I may say he is, having nothing of his own to Live on, but what he is Necessitated to take from other men) is accused for Robbery, which is to take away the Goods of other men in a Visible way and Forci∣ble manner; All which he confesseth, as that the Accusation against him is true; for he did both Steal and Rob for his own Livelihood, and

Maintenance of his Old 〈…〉〈…〉 Past Labouring, and for his Young Children, 〈…〉〈…〉 are not Able to help themselves, and for his Weak; Sick Wife, that Labours in Child Birth; For which he appeals to Nature, who made all things in Common, She made not some men to be Rich, and other men Poor, some to Surfeit with over∣much Plenty, and others to be Starved for Want: for when she made the World and the Creatures in it, She did not divide the Earth, nor the rest of the Elements, but gave the use generally amongst them all. But when Govern∣mental Laws were devised by some Usurping Men, who were the greatest Thieves and Rob∣bers, (for they Robbed the rest of Mankind of their Natural Liberties and Inheritances, which is to be Equal Possessors of the World;) these Grand and Original Thieves and Robbers, which are call'd Moral Philosophers, or Com∣mon-wealth makers, were not only Thieves and Tyrants to the Generality of Mankind, but they were Rebels against Nature, Imprisoning Nature within the Jail of Restraint, Keeping her to the spare Diet of Temperance, Binding her with Laws, and Inslaving her with Propriety, where∣as all is in Common with Nature. Wherefore, being against Nature's Laws for any man to Possess more of the World or the Goods of the World than an other man, those that have more Wealth or Power than other men, ought to be Punished as Usurpers and Robbers, and not those that are Poor and Powerless. Therefore, if you

be Just Judges of Nature, and not of Art, Judges for Right, and not for Wrong, if you be Judges of the most Ancient Laws, and not Usurping Tyrants, you will not only quit this Poor man, and set him free from his Accusers, which are His and such Poor men's Abusers, but you will cause his Accusers, who are Rich, to Divide their Wealth Equally with Him and all his Fa∣mily; for which Judgement you will gain Na∣tures favour, which is the Empress of Mankind, Her Government is the Ancientest, Noblest, Generousest, Heroickest, and Royalest, and her Laws are not only the Ancientest, (for there are no Records before Nature's Laws, so that they are the Fundamental Laws of the Universe, and the most Common Laws extending to all Crea∣tures,) but they are the Wisest Laws, and yet the Freest; also Nature is the most Justest Judge, both for Rewards and Punishments; for She Rewards her Creatures, that Observe her Laws as they ought to do, with Delight and Pleasure, but those that Break or abuse her Laws, as in destroying their fellow Creatures by untimely Deaths, or unnatural Torments, or do Riot and oppress her with Excess, She Punishes them with Grief, Pains, and Sicknesses, and if you will avoid the Punishment of Remorse, Grief, and Repentance, Save this Poor necessitated man from Violence, and the Cruelty of these Inhu∣man, Unnatural, Destroying Laws.

Plaintiff.

Most Reverend Judges, This man, who is Nature's Lawyer and Pleader, ought to be Ba∣nish'd

from this Place, and his Profession of Pleading out of all Civilest Governments; for he Talks he knows not what of Nature's Laws, whereas there is no Law in Nature, for Nature is Lawless, and hath made all her Creatures so, as to be Wild and Ravenous, to be Unsatiable and Injurious, to be Unjust, Cruel, Destructive, and so Disorderous, that, if it were not for Civil Government, Ordained from an Higher Power, as from the Creator of Nature her self, all her Works would be in a Confusion, and so their own Destruction. But man is not all of Nature's Work, but only in his Outward Frame, having an Inward Celestial and Divine Composition, and a Supreme Power given him by the Gods to Rule and Govern Nature; So that if your Honours submit to the Plea of this Babler, you will make the Rulers and Governours of Na∣ture, the Slaves of Nature; Wherefore, if you be Celestial and not Natural Judges, and will give Divine Judgement, and not Judge according to Brutal Senses, you will Condemn this Noto∣rious Thief and Wild Robber to the Gallows, that his Life may be the Satisfaction for the Wrongs, and his Death an Example for a War∣ning to Prevent the like Crimes.

A Cause Pleaded before Judges betwixt two Bastards.

Most Reverend Judges,

Plaintiff

THere be Two Laws in this Kingdom, which seem to be very Unjust; the One is, that if a VVoman be Got / with Child by One Man, and Marries an Other before her Child is Born, that Child must Inherit her Husbands Estate, if it be a Son, so that One mans Son comes to be an Other mans Heir by the Law. The Other is, that if a man Begets a Son before Marriage, and he Mar∣ries not the VVoman till After his Son is Born, and though the Marriage cancels the Fault of Adultery, and is an Attonement for the Sin or Crime, both to God and the Law, yet the Inno∣cent Child, that was in No Fault, is put by the Inheritance by the Law; indeed, the Son so Born, Inherits only the Disgrace of a Bastard, but not his Fathers Estate; and thus if the VVo∣man be Incontinent, a mans Own begotten Son shall not Inherit, and an Other mans Bastard be his Heir. The same Case is brought to be Plea∣ded before your Honours, for two Sons of One VVoman, but not of One Father, the Eldest being her Husbands, Begotten and Born before Marriage, the other Begotten by an Other man, but Born a moneth after her Marriage with the first Sons Father. The Son born after Marriage claims his Mothers Husbands Estate as Inheri∣tance

by Law, the Other claims the Estate as a Natural Right.

Defendant.

Most Reverend Judges, The Son born to Inherit, claims the Estate by the Right of Birth, and hopes your Honours will not suffer his Birth-right to be taken from him.

Plaintiff

Most Reverend Judges, The Right Begot∣ten Son doth not Challenge his Fathers Estate, as his Right by Birth, but as his Right by Gift; for his Father by Deed gave him that which the Law took from him; for his Estate being not Intail'd, he might Give it to whom he would, and he could not Give it more Justly, Honestly, and Lovingly, than to his Own Son; but had he not a Child of his Own to have given it to, yet surely he would never have Left it, if he had Power to Dispose of it, to a Son of his Inconstant Wife, or Friend, which bore him to his Shame and Dishonour; but the Case is so clear for his true-Begotten Son, as it needs no more Plea∣ding.

A Cause Pleaded before the Judges between an Husband and his Wife.

Most Reverend Judges,

Plaintiff.

HEre is a Woman Born of good Parents, brought a great Portion, and makes a chast VVife, yet her Husband is so Unkind, and so Cruel, as he doth not only Beat her often, but so Grievously and Sorely, as she is weary of her

Life, and therefore she beseeches your Honours to take so much Commiseration of her Cause, as to Bind her Husband to a good Behaviour, or to Grant her a Bill of Divorce, and some Allow∣ance from him, that she may Live Absent in Peace.

Defendant.

Most Reverend Judges, A Husband Anger, nor yet his Corrections, is not a sufficient Plea for a Wife to Part from her Husband; for a Woman when she Marries, makes a Promise before God and his Divine Minister in the Sa∣cred Temple, that she takes her Husband to Have and to Hold, for Better for Worse, and that she will be Dutifull and Obedient, as also Constant to him so long as Life lasts, and so plights her troth; Wherefore, it is against the Laws of God and his Church, to sue for a Di∣vorce; also it is against her Duty to Complain; Wherefore, she ought by the Laws of God, and consequently by all Other Laws, to suffer Patiently, did she give her Husband No cause to use her so Severely.

Plaintiff.

Most Reverend Judges, A Wife is not bound by any Laws but Religion, to Hazard her Life, and she fears he will Kill her in his Fury, and therefore for the Safety of her Life, she desires your Honours will quit her of the Danger.

Defendant.

Most Reverend Judges, A Wife is bound both by the Law of Nature, and God, to Hazard her Life, not only for her Husbands Safety, Ho∣nour, and Pleasure, but for his Humour; for a VVife is bound to Leave her Parents, Country,

and what else soever, to go with her Husband, wheresoever he goes, and will have her go with him, were it on the Dangerous Seas, or into Bar∣ren Deserts, or Perpetual Banishments, or Bloody VVarrs, besides Child-birth; all which is more Dangerous and Painfull than blows; but howsoever, it is as Lawfull for an Husband to Govern, Rule, and Correct his VVife, as for Parents to Rule, Govern, and Correct their Children, or for Masters to Rule, Govern, and Correct their Servants or Slaves.

Plaintiff.

But Parents ought not Strike or Cruelly use their Children, nor Masters their Servants or Slaves, without Faults committed.

Defendant

Parents, Masters, and Husbands in the Case of Ruling, Governing, Correcting, Punishing or using their Children, Servants, Slaves, and VVives, ought to be their Own Judges, and no other. But, Most Reverend Judges, She is not free from Fault, for though she be Chast, yet she is a Scold, she gives her Husband more unkind VVords, than he gives her unkind Blows, and her Tongue provokes his Hand to strike her; but as she is Lavish of her VVords, so she is of his Estate, not so much with what she Spends, as with that she Spoils, and though he can keep her from the One, he cannot hinder her from the Other; for she is not only Unhuswifely, and Careless of the main Stock, but she Breaks, Rends, and Spoils all his Goods out of a Malici∣ous Revenge, and Evil Nature; Yet howsoever, were she the Best VVife that could be, and he

the Worst Husband, the Law hath no Power to Mend him, and Help her, for the Law ought not to intermeddle in their Quarrel, as having no more Power to take away the Prerogative of a Husband, than the Prerogative of Parents and Masters; for whensoever the Law takes the part of a Servant against his Master, a Subject against his Prince, a Child against his Parents, or a Wife against her Husband, the Law doth unjustly Usurp on their Rights and Privileges, which Rights and Privileges they receiv'd from Nature, God and Morality.

A Widdows Cause Pleaded before Judges in the Court of Equity.

Most Reverend Judges,

Plaintiff.

HEre is a Poor Widdow of a Rich Husband, who in his Life-time did allow her Little, and at his Death left her Less; for he only left her a small Annuity during her Life, which is so Small, as cannot Maintain her, neither Like his Widdow, nor indeed in any Decent Fashion; for she having no Joynture, he to Bar her of her Widdows share, gave her this small Annuity, knowing that otherwise she should have had the Third part of his Estate during Life, but he by a Deed and Gift of a Little hath cast out her Claim from the Common Law, wherefore she doth Appeal to this Court of Equity and Con∣science, hoping to have Justice accordingly.

Defendant.

Most Reverend Judges, There is no Reason, Equity, nor Conscience, that the VViddow should carry away During her Life so Great a Part of her Husbands Estate, as to Impoverish his Children, and Ruine his Family; besides, it hinders the Paying of Debts, and there be very few Families, that have not Debts as well as Children, which Creditors ought to be Paid as well, as Children to have Portions: and were there no Debts, yet many Childrens Portions, although but Small, would shrink a Great Estate almost into Nothing; but if a VViddow carries out the Third Part, there will be little left for after Posterity, when every Child hath had their Portion, indeed so Little, as after Posterity will have Nothing to Live on, nor to be Bred up with, which is the Cause there are so many Noble, Honourable, and Right VVorshipfull Beggers; nay, it makes them not only Beggers, but Base and VVicked, for having not Means according to their Births, nor Minds according to their Means, Despising their Fortunes, they take Desperate Courses, or else their Minds are so Dejected, as they Degenerate from their Births, and do Base Actions.

Plaintiff.

Most Reverend Judges, It is against Consci∣ence and Equity, that the Mother, that Bred and Bore her Children, with Fear, Sorrow, Pain, and Danger of her Life, should be left Poorer than the Children that were Born from her.

Defendant.

Most Reverend Judges, It is against all Reason, Equity, and Conscience, that Parents

should Get and Bring forth Children, and not Provide for those Children; for if they give them no Means to Live, as neither by Educa∣tion to Get Means, nor some Allowance or Means to Live, their Children will have Small Reason to Thank their Parents, or Natural Affe∣ction to be Dutifull to them, for giving them a Miserable Life, which Deserves no Thanks, nor can Challenge a Duty; for as Children are Bound by the Laws of Nature to Assist their Pa∣rents, so Parents are Bound by the Laws of Nature, to Provide for their Childrens Subsist∣ence, and when the Bonds are Broken of one Part, the othe Part is Free. But, Most Reve∣rend Judges, I do not Plead against the Mothers or Wife's Livelihood; for it is not, that Mo∣thers and Wives ought not to be Provided for, for a Man ought to be a Kind Husband, as well as a Loving Father, but a Wife ought not to be the Ruine either of her Own, or her Husbands Children, and if she be a Natural Mother, she ought to Spare for her Children, and not to Spend what her Children should have, but most Women do not only Spend what their Children should have, but Give it away to a Se∣cond Husband, to the Ruine of the First Hus∣bands Children and Family; for this Reason, Wise men that are Husbands, not knowing what their Wives will do, when they are Dead, leave them as Little as they can, Securing their own Estates and Familes as much as they possibly can from the Spoils and Ruins, which Strangers, as

Second Husbands make; for it were more Con∣scionable not to leave a Wife any Maintenance, than Too much, and better, One should Suffer, than Many Perish, at least it is better that a Widdow should live Poorly all her Life, than that an Honourable Family should be Poor to all Succession: Wherefore, this Widdow in Con∣science ought to have no more out of her Dead Husbands Estate, than what he hath Left her, which is enough for Necessity, though not for Vanity, enoough to Live a Solitary Widdow, as she ought to do, although not enough to Inrich a Second Husband, which a hundred to one, but she would do, if she had it; but her Husband was a Wise Man, a Carefull Father, and a Pru∣dent Husband in not giving his VVife the Li∣berty to play the Fool.

A Cause Pleaded before Judges betwixt a Master and his Servant.

Most Reverend Judges,

Plaintiff.

HEre is a Poor Servant, which Served his Master Honestly, and his Master hath turn'd him out of his Service without his VVa∣ges, which are due unto him by Right of Bar∣gain and Agreement made betwixt them, which Bargain and Agreement he hath broken, and unjustly Detains his VVages.

Defendant.

Most Reverend Judges, This Servant Accu∣ses his Master Falsly, and Challenges that which

he ought not to have, as so much for his Wages, for the Bargain was, that his Master would give him so much Wages to do so much VVork, he did not Hire him to be Idle, so that a Master is not bound to keep a Lasie Servant, nor to Pay him his VVages, unless he had Done the Work he was Hired to do, and not only to Do it, but to do according to his Masters Will and Good Li∣king.

Plaintiff.

Most Reverend Judges, If a Masters finding Fault shall be sufficient to Barr a Servant of his VVages, no Servants could Live by their La∣bours, for Masters would find Faults a purpose to Save their Hire.

Defendant.

Most Reverend Judges, If Servants should live Idlely, or Disorderly, or Disobediently, or make VVast and Spoil of their Masters Goods and Estate, and be maintain'd with Meat, Drink, Lodging, and VVages, their Masters would be∣come Poorer than their Servants, and Live in more Subjection, rather than so, the Masters would Serve themselves, and keep no Servants; for surely, men will rather be their Own Ser∣vants, than to be Servants, or rather Slaves to their Servants, so that Servants would not only want VVages, but Food, and Starve for want; for if they gain Nothing by their Labour, and have no Means of their Own, they must upon necessity Perish; and for Examples sake, as well as Justice, this Servant ought not to be Paid his Wages, for he doth not Deserve it, and therefore 'tis not his Right nor Due to Have it.

Two Lawyers Plead before Judges, a Cause betwixt a Father and his Son.

Most Reverend Judges,

Plaintiff against the Father.

HEre is the Son which ought to be his Fa∣thers Heir, whom for Marryig against his Fathers Consent, his Father hath Dis-inherited, which is against all Law or Right, both of God, Nature, and Man.

Defendant.

Most Reverend Judges, Disobedient Chil∣dren ought to have no Part nor Parcel of their Parents Estate, as Lands, Goods, or whatsoever; for it the Parents have no Duty, nor Obedience from their Child, their Child can challenge no Part of their Parents Estate, and since he hath Married Disobediently, he ought to Live Poor∣ly, or to get his Living by his Own Labour or Industry.

Plaintiff.

Most Reverend Judges, There is no Reason, nor Law, that if one man Commit a Fault to an other, that man should Commit an other to be quit with him; and put the Case the Son were unnaturally Disobedient, must the Father be un∣naturally Cruel to be Revenged of him?

Defendant.

Most Reverend Judges, Parents are the Fit∣test Judges of their Childrens Faults and Crimes committed against them. But howsoever, Pa∣rents cannot be thought Cruel or Unnatural to Punish the Crimes of their Children, no more than God can be said to be Cruel or Unjust to

Punish Sinners; for God who Made Creatures, may do what he Pleases with them; for being his own Work, he may Dispose or Order them as he Thinks best, or as he Pleaseth: So Parents that Begot their Children, may do the like in things concerning themselves.

Plaintiff.

But God is Mercifull, wherefore Parents ought to be Natural.

Defendant.

God is Just, and therefore Children ought to be Dutifull.

Plaintiff.

But if God Should Punish his Creatures accor∣ding to their Desert, no man would be Saved.

Defendant.

And if Children should do what they List, there would be no Government; for Parents would be made Slaves, and their Children Ma∣sters: so if God should not Punish Some of his Creatures, All would be Damned, and to make up the Fulness of their Sins, they would Despise his Love, and not Fear his Power, and so they would neither Love nor Fear God; so Chil∣dren would have neither Duty nor Obedience to their Parents: But to prove it a Clear cause, his Estate is free from all Intails, and wholly in his own Power, to Dispose of it as he Pleases, and to Give it to whom he will, and therefore his Son can Challenge nothing by Law or Right.