AN INGLISH DISPUTING, of the FAITHGOODES, AND THEIR LAWES, The Which I haue Written according to the nevve inuention of the magnifyk and great Doctour, and Aduocat Sir Philippe Glaum, &c. [...] and quickelie, the thenth day of my Inglish, that is to say.
The third day of moneth called Februarii, in the yeare of our Lorde a thousand, six hundred, three and twentie: Thervp I Will answer euen well in my English, with the grace and healp of the holy ghost. by the shoole at Hearbourn, at the seuen tenth day of the same moneth.
STEUEN GEORGE.
Printed at Fraunkofourd, by Iohn Carll Ounkel, in the yeare of our lord. 1623.
- Dn. Philippo, Hassiae Landgrauio, Comiti in Catzenelnbogen, Dietz, Ziegenhain & Nidda, &c.
- Dn. Augusto, Principi Anhaltino, Comiti Ascaniae, Domini Seruestae & Bernburgi, &c.
- Dn. Adolpho, Comiti in Bentheim. Teclenburg, Steinfurt & Lymburg, Domino in Rheda, Weuelinghouen, Hoya Alpen & Helfenstein, L. Baroni in Lennep, praef. col. hered. &c.
Principibus, Comiti & Dominis suis clementiss.
Hanc, de Feudis & ipsorumiure, Anglicam disputationem, 10. die à se conscriptam.
An Inglish disputing, of the FAITH GOODES, AND Their Lawes.
THE ENTRANCE.
SERING that i haue vntill novv learned nyne dayes the Inglish tounghe, according to the nevve vvay and inuention of the Doct. Philippe Glaum, &c. (vvhich desireth novvse, that any man shall thinke of him more, then as he seeth in him, or that he heareth of him) ard concluding by me, that i vvill vvrite an Inglish disputing, and dispute the same, so much as it is possible, in one speach that ther is vnknovven to the greatest part: Haue i vvould take the materie of the faithgoodes and their lavves God, the father of our Lorde Iesus Christ, geeue me bis grace. Amen.
THE FIRST SETTING.
At the beginning is heare to knovve, that this right or lavv be an vnvvriten right, [...]: Neuerthelesse is it a generall right and, in the iudgement of the faithgoodes, is the same lavv of more ualue, as ther is the vvriten lavv, that may only be vsed in such case, if the lavves of the faithgoodes, and the lyknes of the same lavves lacke, [...].
THE SECONDE SETTING.
It is vncertaine, vvhence the lavves of the faithgoodes haue his first beginning so is it also not profitable for to vvit: Neuertheles is the commone meaning of the lavvyers, that these lavves of the faithgoodes haue ben comen from the Longebeardes.
THE THIRD SETTING.
Of greater profite is it, thalmen knovve the definition, vvhich also loudeth: A a) faithgood [Page]is a benefitie, that ther is giuen in such vvise to any man of a beneuolence, that the proprietie of the ground: good, vvkich is giuen in benefitie, remaineth by the lorde, bot the fruitefull use of the same, passeth so to the taking, that it pertai [...]eth in all tymes to him and his heires, so vvel vvamen as vvomen, sif that is sayd namelie: to thind, that he and his heires serue faithfullie to the lorde, if that seruice be expressed namely, of vvhat sorth it shall be, eyther be promised vndeterminedlie.
THE FOURTH SETTING.
The faithgood is propre, or vnpropre: Her after is it vvamanly, or vvomanly: for à male receiueth a Wamanlie faithgood. At the third is it Worldly, or churchly, [...], &c. At the fourth is it noble, or vnnoble. At the fift, is it nevve, or fatherlie, the vvhich some any hath gotten from one of his parentes through the succession. * 2
THE FIFT SETTING.
Touching the persons, the vvhich may geeue the faithgoodes, is li it knovve, that all they, Which haue the administration of his goodes, [...], may also vvell geeue his goodes in benefitie, vvithout any difference, vvhither the same be nobles, or vnnobles, vvamanlies or Womanlies, Worldlies or churchlies.
THE SIXTE SETTING.
On the contrary so may other persones not geeue faythgoodes: to vvit, that theare not haue the free vvilling administration of is goodes, as ther are they, vvhich be under the might of their father or b) defenders. Lykvvise none prelat may geeue any faythgood of the gooder of his church, vvithout the case of need. [...].
THE SEUENTH SETTING.
But euery c) man can receaue a faithgood, the vvhich vnderstandeth a litle of the affaire: for that cause, vvhile that faythgood is a benefitie and gift, thvvhich may receaue they, vvhich theare be ouer seuen, yeares: [...]. Bot if the geuing of the faithgood is a contract, is the geuer oblished alone, but the receauer as then, vvhen, he shall haue accomplished the fiue and tvventieth yeare of his eage.
THE EIGHT SETTING.
And in such maner is in the persone, that receauetha faithgood, none difference, of vvhat stat or qualitie the same be: vvith vnderstanding, vvhile the geeuer may it knovve before.
THE NYNTH SETTING.
A faythgood can be geuen or a) receined through a proctour, if he hath ar expresse charge for to make a nevv faithgood.
THE TENTH SETTING.
Lyk as the persones may geeue a faithgood, vvhich there may alienat, and to gether present in giftes theyr goodes: After the same fashion the goodes can be giuē in ben fitie, the vvhich may be b) alienated and geuen in gift. Then if ther is any faulte in the one or the other, can the faithgood not be geuen. 2. F. 3. in the beginning.
THE ELEUENTH SETTING.
The goodes shall be a ground (as is sayd aboue in the definition) or the which are c) compted among the ground goodes, as heare be tolle, tribuit, &c.
THE TWELUETH SETTING.
Further more shall they be such goodes, of the vvhich men can fetch any profite or honour, lyk as in the povver to iudge of the life, for the vvhich often tymes more is spended, as theare is vvorthie the taken profite.
THE TRETTENTH SETTING.
It is one moode only for to obtaine a faithgood, to vvit, the inuestiture, if the possession be ouergeuen: and this is the, propre inuestiture. In an other maner is made the inuestiture, vvhen the lorde geueth another d) bodely thing, as à pike, e) standerd, &c. saying that he geueth the faythgoods profession.
THE FIFTENTH SETTING.
It is compared to the inuestiture a possession of thirtie yeares, or the conquessing of the lord-ship of any thing, by continuation of tyme, &c. and a sentence of the ordinary iudge.
THE SIXTENTH SETTING.
I Will novv prate a litle of the succession. The succession hath his comparison to the getting [...]. I set this rule, of the Which may be determined much demandes. And there succed in the faythgood the childen only, and novvse the fathers.
THE SEUENTENTH SETTING.
Moreouer succed the sonnes, and not the daughters: the Worldlies, and novvse the clerckes. For he that becometh a clerck, loseth moreouer the faythgood, the Which he hath. Bot, if a prelat the first receaueth a faithgood, may then not succed in the same heere after any prelat? I thrust say so: for a daughter can after th' same fashion succed in that faythgood, the Which a Wife did get: And euen the same durst i speake of the prelates and clerckes.
THE EIGHTENTH SETTING.
More beyonde succed the boorne of a lavvfull mariage, eyther the Which are made after Ward lavvlies through a lavvfull mariage.
THE NYNTENTH SETTING.
And for to speake generallie, so shall the successours be such men, that ther can serue to his lorde, at tyme of the a) vvarre, in his ovvne person: for that cause, the vvich can neuer serue he selues, in his propre person, the same may not succed, as theare be the vnperfytes, blindes, dombes, deafes, &c.
THE TWENTIETH SETTING.
The b) somnes of the brethren (if they succed alones vvithout any other fathers brother) succed to the fathers brother in singell heades, and not in other maner.
THE ONE AND TVVENTIETH SETTING.
In the right of the faythgoodes are reckened the stayers of the succession, according to the lavv of the Emperours, and not, according to the lavv of the Popes? For also in the territorie of the Popes, the steppes of the succession, be accompted, according to the lavves of the Emperours.
THE TVVO AND TWENTIETH SET.
I vvill novv speake of the Afterknovving or aknovvledging of the faithgood: For the vvhich hath gotten a faythgood, or succed in any faithgood, shall be thankfull to vvardes the lorde for such faithgood: vvhence also the * faithgood is called. A such thank fulnes consistheth [Page]allmost in three partes: to first in th' afterknovving, in case of the lords death; [...]: secondly, that he in his ovvne person (if he is a) required) serue vnto the lorde of the faithgood: and leastly, that he vse it, as a good faythfull hous-bolder.
THE THREE AND TVVENTIETH SETTING.
Therfore if the faythman doeth not, vvhat he shall in these cases, as then loseth he his faithgood, and it returneth to his lorde. After, the same fashion, vvhen the faithman hath b) alienated the faithgood, and ouergeuen the possession of the same, or if he denyeth the faitgood: be he punished in that portion, the Which he hath alienated or refused.
THE EOURE AND TWENTIETH SET.
Moreouer are other Wayes to loose a faythgood, that theare turneth to back to the lorde: as, if he maketh a great domage to the lorde in his goodes: or When he hath done a great iniurie to, him, in his owne person, eyther in the persone of his Wife, or his daughter, or his sonnes Wife, or his sister, the Which is yeat vnmaried. And the iniurie is iudged to be great, according to the usance of the nations and prouinces.
THE FIUE AND TWENTIETH SET.
If the faithman hath not sinned against the lorden, nor his persones, as ther is, tolde: bot aganis an other, as, if he can not stand honestlie in the lords courte, per chance, hauing doo a killing of his parentes, or an incest, or When he for other great failles is infamied through the cleare right, eyther is condemned through the sentence of the iudge: As then loseth he his faythgood, the Which perteineth then to the frindes on the fathers side, that ther are in the fourth degre.
THE SIX AND TWENTIETH SETting.
Because that the frindes on the fathers side. consistinges within the fourth steppe of the frindship, are iudged by some sorte, for one person With the faithman, that ther failleth. [...].
THE SEUEN AND TWENTIETH SET.
And that, as much is doeth belong the moodes of the losing. Bot in this place is to marke, that the argument of the correlatiues be of great ualour in the lawes, in such maner, hat the lorde loseth his proprietie for likes offences and amisses, for Which the faith man loseth his faithgood, excepted per aduenture three cases.
THE EIGHT AND TWENTIETH SET.
I Will novv say a litte of the iudgement. Here is a such rule, that noman can be any iudge in his a) ovvne sake: and co sequentlie, if any debate is among the faythmen of a faithgood, as of the faithgood, as then is the lorde a iudge: bot if any contention is among the lord, and one of the faithmen, as then be b) iudges the other faithmen of the same courte. The pleading men may also choose some certaine persones of many faythmen: And from the beginning a bargaine can be made of the iudges persones.
THE NYNE AND TWENTIETH SET.
The othe of the calumnie, [...], is not sworne in this iudgement: for euen that cause beleeue i that the faithmā may call to the lavv his lorde, without any speciall leaue
THE TRETTIETH AND LEAST SET.
The faithgood in a doubt some case doo Wee iudge to be propre. Wamanly, Worldly, noble, fatherlie, &c. Further more is obserued in this iudgement the same c) maner of the iudgementes, the Which is Writen in the ciuill lawes, in such Wise, that moreguer it can be appealled from the inferiour iudge to the higher iudge, and if none higher is, as then to the iudge of the same place or countrey.
THE CONCLUSION.
And also With the appealling make, i an end of my reasoning, commanding me to the Worship of the belooued Read. r. the Which shall consider, that i, according to the ordinance of our collegie, haue Written this disputing the tenth day of my Inglish: And praye, that euery one will proue him self, [...], and vsa the same right be selues, the Which he hath spooken against me: in other Wayes appeall i to a such iudge, that ther is more discreat and humaine, [...], nowse doubting that i may at the least obtaine the uictorie of the cause.