CHAP. IIII. ¶ Of the power of a Father, and whether it
 be meet for the Father to have power of life 
 and death over his children▪ as had the auntient Romans. T He right government of the Father and the
 children, consisteth in the good vse of the power which God (himselfe▪ the
 Father of nature) hath giuen to the Father over his owne children: or the law
 over them whom any man adopteth for children unto himselfe: and in the
 obedience, loue, and reuerence of the children towards their Fathers. This word
 Power, is common unto all such as have power to commaund over others; either
 publickly or priuatly. So the Prince (saith Seneca ) hath
 power over his subiects, the Magistrat over priuat men▪ the Father over his
 children, the Maister over his schollers, the Captaine over his souldiers, and
 the Lord over 

 The power of the Father over his children is the onely
 naturall power. his slaues. But of all these the right and power to
 commaund, is not by nature giuen to any beside the Father, who is the true
 Image of the great and Almightie God the Father of all things, as saith Proclus the Academick. Plato also
 hauing first in certaine chapters set downe lawes concerning the honour of God▪
 saith them to bee as a Preface to the reuerence which the child oweth unto the
 Father, unto whome next unto God he is beholden for his life, and for
 whatsoeuer thing els he hath in this world. And as the Father is by nature
 bound to nourish his children according to his abilitie▪ and to instruct them
 in all ciuilitie and vertue: so the children also when they are once grown up are bound, but with a much more straiter bond, to
 loue, reuerence, serue, and nourish 

 The dutie of parents towards their children: and their great
 dutie againe towards them. their Father, and in all things to shew
 themselves dutifull and obedient unto them, and by all meanes to hide and couer
 their infirmities and imperfections, if they see any in them, and neuer to
 spare their lives and goods to saue the life of them by whome they themselves
 tooke breath. The which bond, albeit it bee sealed with the seale of nature,
 and engrafted in every one of our minds, and carrieth with it a readie
 execution: yet so it is neuerthelesse, that to show the greatnes thereof there
 can be no greater argument, than the first commaundement of the second table,
 which alone of all the Exod. 22. Deut. 5. ten
 Commaundements propoundeth a reward unto children which honour their parents:
 although no reward be unto him due that doth but his dutie: and so much the
 lesse, for that there is no more religious a decree in all the lawes both of
 God and man; neither any curse greater in holy
 writ, than against him who wickedly laughed at the naked priuities of his
 Father. Neither is it maruell if wee in holy Scripture read Gen 27. 28. 

 Valer. Max. lib. 2. of the contentions and
 strife of the sonnes among themselves, for the getting and foregaining their
 Fathers blessing; as they which feared more their curse than death: As young
 Torquatus who cast off by his Father, slew himselfe
 for sorrow. And that is it why Plato saith, that aboue
 all things we must have care of the cursings and blessings that the Fathers
 giue unto their children: for that there is no prayer that God doth more
 readily heare, than that of the Father towards his children. If children then
 bee so straitly bound to obey and reuerence their parents? what punishment then
 deserue they that are unto them disobedient, irreuerent, or iniurious? what
 punishment can be great enough for him which
 shall presume to lay violent hand upon his Father or Mother? for against him
 that shal murder either of them, there was neuer yet Iudge or law maker that
 could deuise torment sufficient for a fact so execrable: although that by the
 law Pompeia, a punishment be appointed rather new and
 strange, than fit for such a crime. And albeit that we have seene one in our
 memorie (who had caused his Father to be slaine) torne with hot yron tongs,
 afterwards broken upon the wheele, and so at last (being yet alive) burnt: yet
 was there no man which did not more abhorre the wickednesse of his villanie,
 than the horror of his punishment, and which said not that he had deserued more
 than he had yet suffered. Also the wise Solon; when hee
 had made lawes for the Athenians, being asked why he had appointed no
 punishment against him which had killed his
 Father; answered, That he thought there was no man so wicked as to commit so
 horrible a fact: which was grauely answered: for the wise law maker should
 neuer make mention of an offence which is not at all, or but very little
 knowne, for feare he should not seeme so much to forbid the fact, as to put the
 wicked in remembrance thereof. But if the crime be great and execrable, he must
 neither colour it by sufferance, as forgotten, neither point it out unto the
 eye with his finger; but by circumstances and propounding of the punishments of
 like facts, deterre the wicked from such hainous offences. As we see the law of
 God hath not appointed any punishment against him that murdereth his Father or
 his Mother, neither against him that beateth either the one or the other (as
 doth the law Seruia, which condemneth them to death for such a crime) yet giueth it full power and
 authoritie unto the Father and Mother to stone the disobedient child, so that
 it be done in the presence of the magistrat, to whome for all that it belongeth
 not to enquire of the truth thereof, or to examine the matter: which was so
 decreed least the Father should in his anger secretly kill his sonne. As was
 one in hunting slaine by his Father, whose wife he had defiled: which thing
 when Adrian the Emperour had vnderstood, said, That so
 to kill was not the part of a Father, but of a theefe or murtheret: for that
 the greatest profit of punishment is, that it be exemplarie unto all. Another
 part of the law of God Leui. 20▪ willeth, Deu. 17. Exo. 21 

 That the child which reuileth his Father or mother
 should die the death: the examination whereof
 is not left unto the parents, but to the Iudges themselves, to the intent that
 the offence should not remaine vnpunished. For so great is the loue of the
 father Parents how vnwilling to have their children
 publickly punished. and of the mother towards their children, that
 they would neuer (if they might) permit the Iudges to determine of the life of
 their children, although they had bene of them mortally wounded. As not long
 agoe it happened with vs, that a Father hauing receiued a deadly wound of his
 sonne, whome he would have lightly corrected; and fearing least his sonne
 apprehended by the magistrat should die for it, ceased not euen to his last
 gaspe to crie out unto his son, by speedie flight to saue his life: whom for
 all that being afterward taken, and confessing the fact, the Iudges condemned
 to be hanged from an high beame for a time by the feet, with a great stone
 about his neck, and so afterwards to be burnt
 quicke. We have also another example of our time, of a Mother who would rather
 endure to be reuiled, wronged, beaten, and troden under foot by her owne sonne,
 than to complaine of him unto the Iudge; vntill that at length he in most
 beastly manner discharged his bellie into her pottage: with which fowle fact
 the Iudge moued, condemned him to make her an honorable amends, and to aske her
 forgiuenesse: from which sentence hee appealed unto the parlement of Toulouze,
 where the former sentence was reuersed as not iust, and the sonne condemned to
 be burnt quick; the most wretched mother in vaine complaining and crying Good iustice done upon a disobedient child. out against
 the rigor of the lawes and seueritie of the Iudges, protesting that she did
 pardon him, and that she had not of him receiued any iniurie at all. And Seneca speaking of a
 Father who but thrust his sonne out of his house; O with what griefe (saith
 hee) doth the Father cut off his owne limmes! what sighes doth he fetch in the
 cutting! how often doth he mourne for those limmes cut off! and how often doth
 hee wish to have them againe! All this that I have said, and the examples of fresh memorie by me produced,
 serue That parents should have power of life and death
 over their children. to show that it is needful in a well ordered
 Commonweale, to restore unto parents the power of life and death over their
 children, which by the law of God and nature is giuen them, the most auntient
 law that euer was common unto the Persians, unto the people of the upper Asia,
 as also unto the Romans, the Hebrews, the Celtes, and in vse in all the West
 Indies, vntill they were conquered by the Spaniards: otherwise wee must neuer hope to see the good orders, honour,
 vertue, or antient glorie of Commonweals reestablished. For Iustinian the Emperour deceiueth vs in saying that no people had such
 power over their children as had the Romans: For we have the law of God, which
 ought to be holy and inuiolat among all people; wee have the testimonies
 of Deut. 21. the Histories both Greeke and Latine,
 whereby it is sufficiently to be vnderstood, the Hebrews, Celtes, and Persians
 to have had the same power over their children that the Romans had. The French
 men (saith Caesar ) Caesar lib.
 6. Comment. have power of life and death over their wiues and
 children, as well as over their slaues. And although that by the law of Romulus power was giuen unto the husband, for foure
 causes onely to kill his wife: yet neuerthelesse by the same law, full power
 was giuen unto the Father to dispose of the 
 life and death of his children, without condition or exception thereunto
 adioyned; and that whatsoeuer they got, was not theirs, but their Fathers:
 Which power the Romans had not only over their own children, but also over the
 children of other men by them adopted. Which power was about 260 yeares after
 ratified and amplified by the lawes of the xij Tables, which gaue power also
 unto the Father to sell his children: and in case they had afterward redeemed
 themselves, or were set at libertie by such as had bought them, they might yet
 sell them againe, and so the third time. The like whereof in all points is to
 be found in the Westerne islands, as we read in the Historie of the Indies. And yet at this present amongst the Moscouits and
 Tartars (whom the auncient Historiographers
 called the Asian Scythians) it is lawfull for the Father to sell his sonne
 foure times, after which if he shall redeeme himselfe he is for euer free. By
 meanes of this fatherly power the Romans long flourished in all honour and
 vertue; and oftentimes was their Commonwealth therby delivered from most
 imminent destruction, when the fathers drew out of the Consistories their owne
 sonnes being Tribunes, publishing laws tending to sedition. As amongst others
 Cassius threw his sonne Anotable
 example of a fathers seueritie against his sonne, being a great
 officer. headlong out of the Consistorie, publishing the law Agraria (for the diuision of lands) in the behoofe of the
 people, and afterward by his owne priuat iudgement put him to death, the
 magistrats, Sergeants, & people standing thereat astonied, & not daring
 to withstand his fatherly authoritie, althogh they wold with al their power
 have had that law for the diuision of lands.
 Which is sufficient proofe, this power of the father not onely to have bene
 sacred and inuiolable, but also to have bene lawfull for him either by right or
 wrong to dispose of the life and death of his children, euen contrarie to the
 will of the magistrats and people. Also when Valer.
 Maxi▪ lib. 4. 

 Pomponius the Tribune of the people, had for diuers
 causes accused Torquatus unto the people, and amongst
 other things had charged him that he too much oppressed his sonne with countrey
 labour: so it fell out that the sonne himselfe going unto the Tribune, and
 finding him in bed, setting his dagger unto his throat, caused him to sweare to
 desist from further prosecuting of the accusation against his father. So the
 Tribune comming againe into the Consistorie least he might seeme to vse
 collusion with Torquatus, whome he had before
 accused, now excused himselfe unto the
 people for not presenting his accusation, by the oath extorted from him: which
 the people understanding, would not suffer him to proceed therein any further.
 By which two examples a man may iudge that the Romans in their estate, made
 greater reckoning of the power of the father, than of the lawes themselves,
 which they called Sacred: by which the head of him was vowed to Iupiter, who had onely attempted in offensiue manner, but
 to touch the Dion. Halycar. lib. 7. & Liuius lib.
 3. most holy Tribunes bodie. For they were of opinion that
 domesticall iustice and power of fathers, were the most sure and firme
 foundation of lawes, honour, vertue, pietie, wherewith a Commonweale ought to
 flourish. Neither was it maruell if in the Roman Commonwealth we see such rare
 examples of reuerend dutie of children towards their parents, as are not els where to be read of: one I haue
 amongst a thousand alreadie The rare pietie of a daughter
 toward her father. spoken of; and another such there is, as that
 Painters euen unto these times vse therewith to embellish their Tables: that is
 to wit, of the daughter which secretly gaue sucke unto her father condemned to
 be pined to death (which neuer suffereth the healthfull man to live past the
 seuenth day) which act of piety the Gaoler hauing perceiued, gaue the
 magistrats to vnderstand thereof; which by them reported unto the people, not
 onely obtained her fathers pardon, but also found such grace as that in the
 selfe same place in perpetuall remembrance of the fact, they built a Temple
 dedicated unto Pietie. Yea the very vnreasonable beasts
 have a naturall feeling of this kind dutie, and are seene to feed their parents
 now growne weake with age: but especially the Storke, which the holy tongue Leuit 11.
 iob. 38. (which nameth things according to their secret proprieties)
 calleth Chasida, that is to say, dutifull and
 charitable; for so much as shee nourisheth her father and mother in their age.
 And albeit that the father be in dutie bound to instruct his children in all
 vertues, but especially in the feare of God: yet if hee shall forget his dutie,
 are not the children therefore excused of theirs: albeit that Solon the lawmaker contrarie unto reason, hath by his lawes acquited
 the sonne from the nourishing of his father, if he have taught him no trade or
 occupation whereby to get his liuing. But the right instruction of children
 (than which nothing can be deuised more profitable or
 better in a Commonweale) dependeth of that fatherly power which I have before
 spoken of. For publick iustice taketh no
 knowledge of the disobedientnesse & vnreuerentnesse of children toward
 their parents, neither of their other vices, which disordered libertie bringeth
 their young years vnto, as dicing, drunkennesse, whoredome: and albeit that
 punishment be appointed against such offences, yet neuerthelesse the poore
 parents carefull of their reputation and credit, neuer are to complaine of
 their children unto the Magistrat, neither accuse them; and yet the power to
 punish them is taken from them: so that children now standing in no feare of
 their parents, and much lesse of God doe for most part escape the iudgement of
 the magistrat, who commonly punisheth but slaues and such others of base
 condition. But impossible it is that the foundation of a Commonweale being euill laid,
 (that is 

 The power of fathers over their children much profitable to
 the Commonweale: and the want thereof much hurtfull. to say, the
 bringing up of children nd families) any thing that
 is firme and sure should be thereupon built. Besides that, the contention,
 strife, and discord, which we daily see amongst brethren and sisters, were
 easily appeased and extinguished whilest the father yet lived, their marriages
 not taking from him this power over them: and albeit that he had set at
 libertie them that were maried, & departed out of his house, to keep house
 by themselves, (which they easily did not) yet neuerthelesse the remembrance of
 the reuerend duty they ought unto their parents for euer remained fast
 imprinted in the harts and minds of the children. Wherefore should wee then
 maruell the magistrat to be troubled with so many sutes, and those for most
 part betwixt the husband and the wife, betwixt brethren and sisters; yea and
 that more, is betwixt parents and their children? but that the wife, the children, and seruants, are all loased from the
 domesticall power of their ancestors. So the fatherly power being by little
 & little diminished upon the declination of the Roman Empire; so also
 shortly after vanished away their antient vertue, & al the glorie of their
 Commonweal: and so in place of pietie & ciuilitie, ensued a million of
 vices and villanies. The first staine, and beginning of taking away How the power of life and death over their children was in Rome
 first taken from their parents. the power of life and death from
 parents, proceed from the ambition of the Magistrats, who seeking to encrease
 their iurisdiction, & by little and little drawing unto them the deciding
 of all matters, extinguished all domesticall powers: which happened especially
 after the death of Augustus Caesar; at which time wee
 read the magistrats to have bene almost alwayes occupied in punishing of such
 as had murthered their parents. As we read in
 Seneca, who directing his speech unto Nero, saith, We have seene more murtherers of their
 parents executed in five yeares of thy father, than were euer in all ages
 accused since the foundation of Rome. Now to him that will looke neerer into
 the matter, it is no doubt, but that if one or two that have murthered their
 fathers have bene executed, ten others have escaped mans punishment; the health
 and life of parents being subiect to a thousand daungers, except their children
 either by the feare of God, or the goodnesse of their owne nature, be kept
 within the bounds of their dutie; neither ought it seeme straunge unto any man,
 that Nero made no conscience to kill his mother, neither
 repented him to have killed her, for that it was a thing common: the cause
 whereof Seneca giueth not, which was, for that the
 father to chastice his son must then go to the
 magistrat to accuse him, which the auntient Romans could neuer endure. For Quintus Fuluius the Senator in the time of Cicero, of his owne authority put to death his sonne, for
 taking part in the conspiracie of Cateline. And in the
 time of Augustus, Tatius the Senator being about to
 proceed against his sonne in a capitall crime, requested Augustus home to his house, who being come thither, tooke not upon him
 the place of a Iudge (as saith Seneca ) but of a priuat
 man, as come onely to giue counsell. We see also that by the law Pompeia, made against parricides, all they which are next
 of kinne are bound to the penaltie of the law, except the father. Yet it
 sufficiently appeareth, that in the time of Vlpian and Paul the Lawyers, the
 power that fathers had of life and death ouer
 their children lay then in a sort buried and forgotten: for that one of them
 saith, The father must accuse his sonne before the Iudge: and the other, That
 the children are not of right to complaine, if they be by their fathers
 disinherited, considering that in auncient time (saith he) they might put them
 to death. Both of them flourished in the time of Alexander
 Seuerus. And yet is there no expresse law to be found which hath taken
 from parents the power of life and death, before the time of Constantine the great: neither did that law of Constantine directly in expresse tearmes abrogat the old lawes: Dioclesian the Emperour but a little before Constantine hauing decreed that the Iudge ought to giue
 such sentence against the sonne as the father was willing vnto. Now it is
 manifest by the law, that a positiue law cannot bee 

 Note. abrogated by any custome, be it neuer so old;
 except it be repealed by a contrary law, carrying expresse derogation with it:
 otherwise being in force and readie to be againe put in vse: insomuch that it
 was necessarie that certaine lawes of the xij. tables by long custome out of
 vse, yet for all that should by a new law bee abrogated: which was done at the
 motion of Aebutius, in whose time the fathers power of
 life and death, yet kept their children with in the compasse of their dutie.
 But when the children in the time of Constantine had by
 the sufferance of their fathers by little and little shaken off that power and
 authoritie of their fathers, they obtained also of the same Emperour, That of
 their mothers inheritance their fathers should have but the vse and profit, and
 they themselves the proprietie, which their fathers might not alienate. And
 afterwards they likewise obtained of Theodosius the yonger, That the proprietie of all manner
 of goods in generall howsoever they came by them, should belong unto the
 sonnes, the vse and profit thereof onely being left unto the fathers; so that
 they could not alienat the proprietie, neither in any sort dispose thereof: yea
 and with vs not onely the vse and profit of such goods, but not so much as the
 bare vse is left unto the father, which hath so puffed up the hearts of the
 children, as that they oftentimes commaund their parents, by necessitie
 constrained to obey them, or to die for hunger. Iustinian also would not that children should be set at
 libertie by their parents without How parents were woont to
 emancipat their children. their owne consent, that is to say, without
 some bountie which the father ought to giue unto his sonne: when as yet for all
 that in old time emancipation or setting at libertie, was the reward of the childs kindnesse and dutifulnes
 towards his parents. Hereof proceeded that filthie buying and selling of
 emancipation betwixt fathers and their children: insomuch that such things as
 the father had giuen unto the sonne in reward of his emancipation, remained
 unto him for gaine; neither was he bound to communicat the same with his
 brethren, or to have any whit the lesse therefore of his fathers inheritance,
 except the same were expressely comprehended in the lawfull act of
 emancipation: which they also yet vse amongst vs, which have the Roman decrees
 for lawes. But if the sonne hath learned any gainefull trade, or is by
 trafficke in marchandise become rich, and giueth something unto his father that
 setteth him at libertie, it is counted unto the father for the right he should
 have in the goods of his son dying before him,
 so that he can claime no part therein, although it be not at all expressed in
 the act of the sonnes emancipation; or yet be expressed that such gift unto the
 father yet liuing, should be not let wherefore he should the lesse have the
 whole right of the lawfull inheritance, his sonne dying before him. For why?
 that whatsoeuer it is that is giuen to the father, is accounted as giuen him
 for his lawfull part: so that by this means the father is in worse state than
 the sonne, who for all that both by the lawes of God and man is bound to
 nourish his parents so long as they live, the father not being bound by the law
 of Romulus to nourish his sonne, but vntill he be seuen
 yeares old. And although Lawyers goe farther,
 neuerthelesse to make it plaine that parents are not bound to feed their children, it was neuer by any law
 permitted for children to sue Whether parents be bound to
 nourish their children: and how long. their parents for their food,
 but by the leaue of the magistrat by humble request before obtained. Besides
 all these indignities, Iustinian hath exempted all
 Senators, Bishops, & Consuls from the power of their fathers: as in like
 case them also which enter into houses of Religion. And in countries also where
 we vse Statute laws, besides those we have spoken of, they have also exempted
 out of their fathers powers them that are married, or have beene out of their
 fathers houses by the space of ten yeares: which hath caused the Italian
 Lawyers to write that the French men are not in the power of their fathers: as
 in truth there remaineth nothing thereof, but the imaginarie shadow, when as
 the father authoriseth his children unto lawfull acts, as to redeeme lands of inheritance, which the father himselfe hath
 sold, or to take a possession doubtfull, or for the trade or traffique of
 marchandise: in which case the Iudge without the kings letters royall at the
 request of the father may set at libertie his sonne. And albeit that Philip of Valois set at libertie his sonne Iohn, to giue unto him the dutchie of Normandie: yet such
 his emancipation serued to no purpose, no more than those which were ordinarily
 made; seeing that neither the giuer, neither he to whome the thing was giuen,
 neither the thing it selfe giuen, were subiect unto the Roman civill law: nor
 that the fathers (in countries gouerned by customs) had any thing to do with
 the goods of their children. But the fathers thus dispoiled of their power, and of the goods got by their
 children, 

 Whether the sonne may resist his father offering him
 violēcei or for any cause kill his father. Souldiors in antient times were
 beaten with vines. it is yet by many demanded, If the sonne may of
 right defend himselfe, or withstand his father, offering him violence? Neither
 have there wanted some which were of opinion, That the sonne might of right so
 do: as if in that there were no difference whether the father or any other
 should offer him violence. But if it be so that the souldior which had onely
 broken the vine trunchion of his Captaine, beating him by right or wrong, was
 by the law of armes to be put to death: then what punishment deserueth the
 sonne which layeth hand upon his father? Yea some have passed further, and
 written that the sonne might kill his father, if he were an enemie unto the
 Commonweale. Plin. lib. 12. But in mine opinion
 that is not vnlawfull onely for any man to doe, but impietie also for any man
 so to write: for these men in so doing propound not onely pardon vnto
 parricides, but giue leaue also unto others
 to presume to do the like, secretly encouraging them to commit so detestable a
 fact, under the color of the publick profit: wheras an antient author saith,
 That no fault so great canby the father be committed, as that the same should
 with his murther be revenged. O what a number of fathers should be found
 enemies unto the Commonwealth, if these resolutions should take place? And what
 father is there which in the time of civill warre could escape the hands of his
 murtherous child? For men know well that in such warres the weakest goeth to
 the wals, and they that get the upper hand make all traitors whom they list.
 And in other wars not onely they are iudged traitors which have giuen vnto
 their enemies help and counsell, but also they which have sold them armour,
 corne, or other victuals. As by the laws of
 England, to aid the enemie in any sort whatsoeuer, is accounted high treason.
 Which points of treason I see not to be distinguished by these interpretos of
 the Roman law. But by these resolutions, that is come to passe which posteritie
 will not A strange exam ple of a most vnnaturall
 sonne. beleeue: as that a banished man of Venice, hauing brought to
 Venice his owne fathers head, who was banished as well as himselfe, demaunded
 and obtained also in reward of his so exectable a murther, the honours and
 rewards by the Venetian lawes due; viz. His returne into
 his countrey, his goods, his children, and the liberties of the citie, before
 taken from him. But happily it had beene better that the citie of Venice had bene swallowed up with the sea, than to have giuen a
 reward unto so great and detestable a
 villanie. Henrie the second the French king, tooke in
 good part the excuse of Maximilian king of Bohemia in
 the yere 1557, in that he had refused to giue safe conduct unto the duke of
 Wittemberg, ambassadour for the French; confessing that it was indeed against
 the law of nations, but that yet neuerthelesse he durst do no other for
 disobeying of his father. Now if it be lawfull to violat the lawes of nations
 rather than to disobey our father in so small a matter; what iust excuse can
 there bee, or reason giuen for the killing of ones father? Wherefore I thus
 resolue, That there can be no iust cause for which a man may lawfully lay
 violent hand upon his father. And albeit that such killing of ones father be in
 it selfe a fowle fact, yet fowler is the reward thereof; but of all other
 things most fowle and pernitious it is to allow reward for the same, for that by prounding such rewards for killing of a
 mans father, neither brethren can be in safetie from being murthered by their
 brethren; neither the nighest kinsmen for being slaine one by another. As
 indeed it chaunced in the yeare 1567 that Sampetre Corse 
 was slaine by his owne cosin germaine; for which he had giuen him in reward ten
 thousand crownes, which the Senat and people of Genua had caused to be leuied
 for him. But how much better were it to follow the example of Cicero, who thought it better as it were in silence to passe over the
 selfe same questions moued by the two auncient Philosophers Antiochus and Antipater, as a place too
 slipperie and daungerous. Ioyning hereunto also, that the law of the Romans it
 selfe forbiddeth any reward to be propounded unto banished men for the killing
 of theeves: howbeit that 

 Adrian the Emperour would have him pardoned that had
 killed a theefe. Wherefore I thus conclude, That princes and law makers should
 measure the power and authoritie of parents, according to the law of God;
 whether they be their lawful, or naturall children, or both together; so that
 they be not conceiued in incest, for such the lawes both of God and man haue
 alwaies had in detestation. Now if some shall obiect it to be a thing dangerous, least some furious or
 prodigall Obiections against the power of fathers ouer
 their children. fathers should abuse the goods or lives of their
 children, under colour of their fatherly power: to him I aunswere, that the
 lawes have for such men prouided guardians, and taken from them that power ouer
 another man, considering that they have not power over themselves. And if the
 father be not sencelesse or mad, hee will neuer without cause kill his sonne, seeing that he willingly chastiseth
 him not though he deserue the same. For so great is the loue and affection of
 parents towards their children, that the law neuer presumed that they would do
 any thing to their disgrace, but all to their honour and profit. Wherefore the
 parents are euer thought to be free from all fraud in their childrens affaires,
 whome to encrease with riches and honor, they doubt not oftentimes to forget
 the lawes both of God and man. And for this cause the Father hauing slaine his
 sonne, is not by the law Pompeia subiect to the paine of
 parricides: for why? the law presumeth that he would not without good and iust
 cause so doe; and hath priuatly giuen power unto him to kill the adulterer and
 his daughter found in the fact together. All most certaine and vndoubted
 arguments, whereby it is to be vnderstood, that
 parents cannot abuse the power of life and death over their children; neither
 that if they could, yet would they. But haply some man will say, there haue
 bene many which have abused the same to the vnworthy death of their children;
 yet bring no example therof: Let vs grant some such to have bene: should
 therefore a good law giuer leaue a good law vnmade for the inconueniences which
 some few times ensue thereof? It being a common saying in the law, That of such
 things as seldome happen the lawmaker ought to take no care. And where euer was
 there a law so iust, so natural, or so necessarie, that was not subiect vnto
 many inconueniences? So that he which would abrogat al
 laws for some few absurdities ensuing of them, should not leaue one of them, as Cato the greater
 wisely reasoned. In briefe (I say) that the natural loue of fathers and mothers
 toward their children, is impossible and incompatible with so great cruekie, as
 is the vniust killing of their children: and that the greatest torment that a
 father can endute, is, to have either by right or wrong killed his sonne. As in
 fact it chaunced in our memorie, in the countrey of Aniou, that a father
 desiring to chastice his sonne, whome running from him he could not ouertake,
 hauing by chaunce without any such purpose slaine him with a blow upon the
 head, with an hard clod of earth which he threw after him, forthwith for griefe
 hung himselfe, although no man knew any thing therof. Which things the antient
 Aegyptian law giuers wel understanding, appointed no other punishment against
 him that had wrongfully or without cause 
 slaine his sonne, but for the space of three daies after to bee shut up
 together with the dead bodie of his sonne so by▪ him slaine: For they thought
 it a thing detestable, for the death of the sonne to take away the life of the
 father, from whome he had receiued his. Yet might one say, that if fathers had
 the power of life and death over their children, they might constraine them to
 do something hurtfull unto the Commonweale: Whereunto I aunswere first, that
 that is not to be presumed; and then that although it were so, yet that the
 lawes had therefore wisely prouided, hauing at all times exempted the children
 out of the power of their fathers, in that which concerned the publick State.
 As also Fabius Gurges gaue vs well to vnderstand, who
 being Consull, and seeing his father a priuat man mounted on horseback comming
 towards him, commaunded him by one of his
 sergeants to alight, which he did, doing honour unto his sonne, and bidding him
 in such sort to proceed to defend the Consuls dignitie. And so farre hath it
 bene from wise fathers to commaund their children any thing that might be
 hurtfull to the Commonweale, as that there have bene some of them found to haue
 put them to death for transgressing the publick lawes: as first did Brutus his two sonnes, and after him L.
 Torquatus the Consul, who hauing caused his sonne to triumph in his
 campe for vanquishing his enemie in combat, presently after caused his head to
 be struck off, for that he had fought with him contrarie to his commandement
 and contrarie to the law of armes. There is yet one obiection concerning the
 childrens goods, which if they should be in the full disposition of the
 fathers, they might without cause disinherit
 some, and enrich others: whereunto mine aunswere is, That the lawes haue
 therefore also prouided, by offering iustice unto children disinherited; and
 propounding the causes of lawfull disinheriting. Howbeit that the auntient law
 of the Romans is more commendable, which neuer permitted the child by way of
 action to impugne his fathers will and testament; but onely by the way of
 request, and speaking of his dead father in all humilitie all honour and
 reuerence, leauing all the matter unto the discretion and conscience of the
 Iudge. But after that the Pretors, who could not make any man heire unto his
 father, yet by their decrees gaue possession of the goods (the force of which
 possession, was almost the same that it was to be appointed heire,) & that
 the magistrats had bound certain definit portions unto the children; then forthwith began the parents by little and little
 to be contemned of their children, & their death by them longed for. Which
 thing was the cause that one of the Ephori of the Lacedemonians made a law *
 concerning the making of Testaments, whereby Plu. in
 Lycurg. it was lawfull for every man to bequeath his goods as he
 pleased▪ (when as before, the libertie of making of Wils was by long custome
 taken away) alledging that the pride and insolencie of children against their
 parents was so by the feare of disinheriting to be restrayned. But if any man
 shall account it better for inheritances to be conferred by the appointment of
 the lawes than by Testament, I will not striue with him
 therefore, seeing it is by the law of God Numer.
 23. set downe that children should not by assentation and flatterie rather than by their kind duties
 preuenting their fathers inheritances, spoyle themselves of their mutuall and
 brotherly loue: but yet why vse we not the same diuine law Deut. 21. which giueth unto the father the power of life
 and death over his children. We have before said▪ fathers to have had that power of life and death ouer
 them Adoptiue children as well in the power of their
 adoptiue fathers, as were the children begot in lawfull matrimonie. 
 also whome they had adopted: in like manner as they had over them whom they had
 in lawfull matrimonie begotten: and although the lawes of adoption were by the
 new lawes of Iustinian almost abrogated; yet I thinke no
 man doubteth but that the law of adoption was of so auntient right, & so
 common also almost unto all people, as that it deserueth to be againe called
 into vse. Wee see the most auntient people to have had it in singuler estimation: as we read Iacob himselfe to have adopted Ephraim and Manasses 

 Gen. cap. vl . his
 nephewes, (albeit he had twelue children yet liuing, who had diuers others
 also) and gaue them part of the land which hee had by force of armes conquered.
 Which to have hene before also in vse with the Aegyptians, is manifest by Moyses, whome the kings daughter▪ Exod. 1. adopted for her owne. Wee see also Theseus to have bene solemnly adopted by Aegeus king of Athens, who made him his successor in the
 State, albeit that he was but his base sonne: After which time all the
 Athenians which had base children by Athenian women, were constrained to adopt
 them, and to cause them to be registred as their lawfull children, and to leaue
 them their part and portion of their goods as they did unto the rest of their
 children. For why? they accounted none a
 bastard but him that was begotten of a father or a mother, being a straunger▪
 albeit she were a woman of neuer so great honour. As also all the people of the
 East made little no difference betwixt the children
 that they had by their wiues and their handmaids. For Iacob the Patriarch made like reckoning of those which hee had by his
 wiues, and of those which he had by his handmaids: although that Sara had driuen out of his fathers house the child
 begotten by the handmaid, * least he should have had part in the lawfull
 inheritance. And Diodorus 

 Lib. 2. cap. 3 also writeth, The children of
 the Aegyptians begotten of their bondwomen, to have had as great prerogative as
 the rest that were begot in lawfull marriage. For why? it was lawfull for them
 to have as many wiues as they would; as it was also unto the Persians & all
 the people of Asta and almost onely the Germans of all the barbarous nations (as saith Tacitus ) had every one Tacit. lib. de
 moribus Germanorum. of them but one wife. Thus hauing confirmed the
 matter by course of historie, it followeth by consequence all the children of
 one and the same father to have bene in his power, were they adoptiue or not.
 But the Romans of auntient time made no more account of their base children
 than of meere straungers▪ neither were they compelled to adopt them, as were
 the Athenians, neither to bequeath them any thing by their will, neither had
 they any power over them. Which seueritie of the lawes was yet moderated in the
 raigne of Theodosius and Arcadius. And afterward it was ordained by the Emperor Zeno, that such base children should be accounted for
 legitimat, by the marriage of their father afterwards ensuing with their
 mother. And that more is Anastasius 

 decreed that all bastards should by adoption
 be reputed legitimat▪ but first Iustinus, and after him
 Iustinian abrogated that decree, and shut the gate
 against bastards, to the end that euerie man should desire to have lawfull
 wiues and children; and that auntient houses, and the rights of successions and
 inheritances should not bee altered and troubled by the adoption of bastards:
 the rights of adoption neuerthelesse yet still remaining, which had bene
 receiued to supplie the defect of nature; and whereof the auntient Romans had
 had so great esteeme, as that the adoptiue fathers had the same power of life
 and death over their adoptiue children, that they had over their owne: which was the true cause that women could not adopt
 children before the edict published by Dioclesian, considering that they themselves were in the
 perpetuall power of their parents, husbands, or neere kinsmen: as also in
 Greece it was not lawful for them to adopt, as writeth the Orator Isaeus. So then the right of adoptions, ennobled by the
 Romans (and especially after that they had extended the frontiers of their
 Empire more than euer before) other people also had it so much the more in
 regard: the Gothes, (I say) the Germans, the French, the Saliens; as we see in
 the lawes of the Ripuaires, where they vse the word Adfatinir for adopter: holding their adoptiue children in the same
 degree that they did their owne naturall and lawfull children, in the right of
 their succession into their inheritance: For by the auntient custome of the
 Romans they were both indifferently called unto their fathers inheritances as
 his heirs. For so we read in Cassiodorus, that Theodoric king of the Gothes,
 adopted the king of the Herules: and that Luitpr and 
 king of the Lombards adopted the sonne of Charles prince
 of Fraunce, by cutting his haire, although he had sonnes of his owne in lawfull
 marriage begotten: as did in auntient time Micipsa king
 of the Numidians, adopting Iugurtha his base sonne,
 albeit he had two lawfull children of his owne, and leauing his kingdome
 equally divided amongst them three: when as yet the first and chiefe cause of
 adoptions was to supplie the defect of nature; that he to whome nature had
 altogether denied children, or at leastwise male children, might by the
 authoritie of the law have that defect supplied. As Scipio
 Africanus hauing no more children but Cornelia 
 the mother of the Gracchi, adopted the sonne of Paulus
 Aemilius, afterwards called Africanus the younger, whome he left the inheritor not of
 his name only, but of his goods also. And so also Caefar 
 the Dictator, hauing no children of his foure wiues, more than Iulia, which was married to Pompeius, adopted Octauius his sisters sonne,
 whom by his will he made heire of three parts, with charge that he should beare
 his name; whereby his owne fathers name was taken away, and hee knowne by the
 name of his adoptiue father. And he againe hauing no children but Iulia (whome he called the Impostume of his house)
 adopted Caius and Lucius his
 sisters sonnes bought at home of their father Agrippa, 
 according to the auntient manner: who afterward dead also without issue, he
 adopted Tiberius, who adopted Caligula: so did Claudius adopt Nero, unto whome Galba succeeding
 without children, Tranquil in Galba. adopted
 Piso before his
 armie, which custome was afterwards kept in the adoption of * Aurelianus 

 Vopiscus in Aureliano. the Emperour; as would Iustinian the Emperour have adopted Cosroe king of Persia, which he refused; supposing (though yet falsly)
 the way unto the Empire to bee by that meane shut up. Procopius. We read also that the Emperour Nerua for lacke of children adopted Traian; 
 & he Adrian; who afterward adopted Antoninus Pius; and not contented to have adopted so good a man,
 charged him also whilest he yet lived, to adopt Aelius
 Verus, and Marcus Aurelius, surnamed the
 Philosopher, to the intent the Empire should not want the most vertuous
 Emperours that euer were. But this last hauing begot Commodus heire apparant to the Empire, (but the most vitious man that
 might be) was about to have adopted another more worthie of the Empire, had hee
 not bene otherwise persuaded by his
 friends. For that almost no man used to adopt others, if he had legitimat
 children of his owne. For which cause Claudius the
 Emperour was euil spoken of, for being persuaded by the inticement of Agrippina his second wife, he had adopted Nero her sonne, hauing sonnes and one daughter by his
 former bed, who were afterwards slaine by Nero. But to
 leaue straungers which are infinite, and to come to our owne domesticall
 examples: Lewes duke of Aniou and brother to king Charles, was for want of heire adopted by Ioane (who of her incontinencie was in reproach called
 Lupa ) who in the right of that adoption left unto him
 the kingdome of Naples, hauing reiected her nephew Alphonsus king of Aragon, whom she had before by consent of, the Martinus.
 V. Pope adopted. Afterwards also Rene of
 Aniou, Lewes his nephew, was adopted by Ioane the yonger queene of Naples for want of children.
 And at the same time as it were, that is to say, in the yere 1408, Henry duke of Pomeran was adopted by Margaret D'wolmar queen of Denmark, Sweden, & Norway, to succeed
 her in the same kingdoms. And not long after, Henry the
 fift king of England was adopted, not by Charles the
 sixt then distracted of his wits, but by his wife: who by her new son in law,
 caused Charles her owne sonne to be denounced incapable
 of the Crowne, albeit that he were a right wise and vertuous Prince. But Iustinian the Emperour willing to remedie such abuses,
 ordained that adoptiue children should neuerthelesse not faile to enioy the
 inheritance of their owne naturall or lawfull fathers; for that their adoptiue
 fathers would oftentimes upon small
 occasion cast them off againe, whereby it came to passe that they went without
 the inheritance of both their fathers: yet did he wrongfully take away the
 right of the fathers power, which was the onely marke of adoption, which taken
 away, nothing more remained. Now it were much better to prohibit adoptions to
 them, which had sonnes either naturall or legitimat: & in case they had
 none, that the adoptiue children should succeed in all the right of their owne
 naturall and lawfull children. Truely by our custome it is lawfull for euerie
 man to adopt: yet no preiudice is thereby made unto the next of kin, or them
 which should lawfully inherite: for that more cannot be giuen or bequeathed
 unto the adoptiue sonne, than to him that is a meere straunger: and yet that
 the father might for all that receiue the
 profit of the adoption; whereof Scipio Africanus the
 Great, in his time complained in the Oration which he had unto the people of
 his Censureship: as also after the publication of the law Iulia Pappia, which gaue great priueledges unto them which had
 children: they which had none adopted some (to have the benefit of the lawas,
 to be capable of some Magistracie or office) and in short time after they had
 once gained that they sought for, cast off those their adoptiue children
 againe, so abusing the law. As contrariwise Clodius 
 beeing a noble man borne, caused himselfe to be adopted by a man of base
 condition, that so discharged of his Nobilitie, hee might bee made Tribune of
 the * people; but hauing got that office, caused himselfe presently to Cicero pro domo. be set at libertie by his adoptiue
 father: Which the Senat understanding, decreed that from thenceforth they which were adopted should not enioy
 the priuiledge of any publick office: neither that any man should under the
 colour of such children as hee had adopted obtaine any magistracie or honour
 unto himselfe; neither hinder substitution made for want of children; neither
 to have the benefit of any conditionall legacies, or couenants made or
 conceiued in hope of children; nor that for such adoptiue children, such
 donations should be void, as were by the law it selfe to be reuoked when the
 donatour had any children, either naturall or legitimat; nor that by the
 adoption of male children, women should be kept from their lawfull inheritance,
 from which they by the law are wont by the male children to bee excluded;
 neither that the word Sonne added unto the lawes,
 testaments, or other lawfull acts was to be extended unto them whome we adopt: all which deceits it is good to cut
 off, and yet not to extinguish the right of adoptions; and at the least to
 leaue unto the adoptiue father his fatherly power, to keepe in obedience his
 adoptiue sonne. And thus much of the second part of a Familie, concerning the
 power of a father over his children, and of their mutuall duties. Now let vs
 likewise speake of the third part also.