AN INGLISH DISPUTING, of the FAITHGOODES, AND THEIR LAW, The Which I have Written according to the new invention of the magnifyk and great Doctor, and Advocate Sir Philippe Glaum, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and quickly, the thenth day of my Inglish, that is to say. The third day of month called Februarii, in the year of our Lord a thousand, six hundred, three and twenty: Therup I Will answer even well in my English, with the grace and help of the holy ghost. by the shoole at Hearbourn, at the seven tenth day of the same month. STEVEN GEORGE. Printed at Fraunkofourd, by john carl Ounkel, in the year of our lord. 1623. Illustrissimis, celsissimis & generosissimis Principibus, Comiti, & Dominis, Dn. Philippo, Hassiae Landgravio, Comiti in Catzenelnbogen, Dietz, Ziegenhain & Nidda, etc. Dn. Augusto, Principi Anhaltino, Comiti Ascaniae, Domini Seruestae & Bernburgi, etc. Dn. Adolpho, Comiti in Bentheim. Teclenburg, Steinfurt & Lymburg, Domino in Rheda, Wevelinghoven, Hoya Alpen & Helfenstein, L. Baroni in Lennep, praef. col. hered. etc. Principibus, Comiti & Dominis suis clementiss. Hanc, de Feudis & ipsorumiure, Anglicam disputationem, 10. die à se conscriptam. Subiectissime & humilime dedicat, Stephanus Georgius Embdensis, author & Respondens. An Inglish disputing, of the FAITH GOODS, AND Their Laws. THE ENTRANCE. SERING that i have until now learned nine days the Inglish tounghe, according to the new way and invention of the Doct. Philippe Glaum, etc. (which desireth nowse, that any man shall think of him more, then as he seethe in him, or that he heareth of him) and concluding by me, that i will write an Inglish disputing, and dispute the same, so much as it is possible, in one speech that there is unknowen to the greatest part: Have i would take the materie of the faithgoodes and their laws God, the father of our Lord jesus Christ, give me bis grace. Amen. THE FIRST SETTING. At the beginning is hear to know, that this right or la be an unwriten right, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Nevertheless is it a general right and, in the judgement of the faithgoodes, is the same la of more value, as there is the written la, that may only be used in such case, if the laws of the faithgoodes, and the likeness of the same laws lack, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. THE SECONDE SETTING. It is uncertain, whence the laws of the faithgoodes have his first beginning so is it also not profitable for to wit: Nevertheless is the common meaning of the lawyers, that these laws of the faithgoodes have been comen from the Longebeardes. THE THIRD SETTING. Of greater profit is it, thalmen know the definition, which also loudeth: A a) Feodum Chr. Laur. vel praestarium, ein Lehen, à praestando: sed Ital. prestar, & prester Gal. est commodare. Beneficium, ann. Fr. beneficium Castrense L. ein Burglehen: aliud est Vollehen. L. q. Fahnen, Lehen. faithgood is a benefitie, that there is given in such wise to any man of a benevolence, that the propriety of the ground: good, wkich is given in benefitie, remaineth by the lord, bot the fruitful use of the same, passeth so to the taking, that it pertaineth in all times to him and his heirs, so well wamen as women, sif that is said namely: to thind, that he and his heirs serve faithfully to the lord, if that service be expressed namely, of what forth it shall be, either be promised undeterminedlie. THE FOURTH SETTING. The faithgood is proper, or unpropre: Her after is it wamanly, or womanly: for a male receiveth a Wamanlie faithgood. At the third is it Worldly, or churchly, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. At the fourth is it noble, or unnoble. At the fift, is it new, or fatherly, the which some any hath gotten from one of his parents through the succession. * item a manor. Cl. verb. praedium. THE FIFT SETTING. Touching the persons, the which may give the faithgoodes, is li it know, that all they, Which have the administration of his goods, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, may also well give his goods in benefitie, without any difference, whither the same be nobles, or unnobles, wamanlies or Womanlies', Worldlies or churchlies. THE sixth SETTING. On the contrary so may other people not give faythgoodes: to wit, that there not have the free willing administration of is goods, as there are they, which be under the might of their father or b) In Chr. Laur. Mundeburde, i. e, defensio, tutela: simile Ger. Mundbar, & Gal. manburnie. defenders. Likewise none prelate may give any faythgood of the gooder of his church, without the case of need. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. THE SEVENTH SETTING. But every c) Vassalli, ann. Fr. leodes leutte, sed alii sunt litones. Alb. abb. Stad. liti vel lidi. Laur. id est, proprii homines, item ministeriales, dienstientte, L. v. § Si ministeriales, de pac. ten. Sed & alii sunt mansuarii (à mansus vel mansum, ut mansum regale, dominicum est, etc.) vel manentes. L. & vicissim alii burgenses & civitatenses, qui opponuntur comitatensibus. Alii iterum marhenses & marchiones ann. Fr. hodie hohe men. Ital. marches. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Niceph, à marca, nn. Fr. diegemarck. man can receive a faithgood, the which understandeth a little of the affair: for that cause, while that faythgood is a benefitie and gift, thwhich may receive they, which there be over seven, years: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Bot if the geuing of the faithgood is a contract, is the giver oblished alone, but the receiver as then, when, he shall have accomplished the five and twentieth year of his age. THE EIGHT SETTING. And in such manner is in the person, that receavetha faithgood, none difference, of what stat or quality the same be: with understanding, while the giver may it know before. THE NYNTH SETTING. A faythgood can be given or a) Adtractus, alias compatatum. Laur. receined through a proctor, if he hath are express charge for to make a new faithgood. THE TENTH SETTING. Lyk as the people may give a faithgood, which there may alienat, and together present in gifts their goods: After the same fashion the goods can be given in been fifty, the which may be b) Derittum vel drictum, in priuil. Lud. Imp. dato Castr. i.e. ius q. ius directum, ab Ital, dritto. alienated and given in gift. Then if there is any fault in the one or the other, can the faithgood not be given. 2. F. 3. in the beginning. THE ELEVENTH SETTING. The goods shall be a ground (as is said above in the definition) or the which are c) Coniecta, ap. Masson. 2. ann. q. ein zuschos, i.e. fodrum, annona commeatus: precariae beede, hodie necessariae: simile steura, stewer, ann. Henr. Regalia Brun. in host. bell. Sax. id est, reditusregni, ut regnumnon, cui nulla regalia, per eund. similes Fisci, Laur. Regalia etiam pto ornamentis ad inaugurationem pertinentibus, ut sunt corona, globus, sceptrum, lancea. etc. witerb. counted among the ground goods, as hear be tolle, tribuit, etc. THE twelfth SETTING. Further more shall they be such goods, of the which men can fetch any profit or honour, lyk as in the power to judge of the life, for the which often times more is spended, as there is worthy the taken profit. THE TRETTENTH SETTING. It is one mood only for to obtain a faithgood, to wit, the investiture, if the possession be overgeven: and this is the, propre investiture. In an other manner is made the investiture, when the lord giveth another d) Festuca, i.e. calamus, quo veterib. alioqui cessio & traditio solennis fiebat, mit mund vnd halm: hodie hand: unde exfestucare. Firmitas chartae. Chr. August. i.e. documenta, handfest. bodily thing, as a pike, e) A Gal. estendart. q. ab estender. banderium vel banerium. Burchard. Notar. Imp. Frid. i.e. vexillum, vel etiam bandum, Ital. bandera, Gal. baniere. Sed aliud bannum regium. Laur. id est, edictum, interdictum. standard, etc. saying that he giveth the faythgoods profession. THE fifteenth SETTING. It is compared to the investiture a possession of thirty years, or the conquessing of the lordship of any thing, by continuation of time, etc. and a sentence of the ordinary judge. THE SIXTENTH SETTING. I Will now prate a little of the succession. The succession hath his comparison to the getting 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. I set this rule, of the Which may be determined much demands. And there succeed in the faythgood the childen only, and nowse the fathers. THE SEVENTENTH SETTING. Moreover succeed the sons, and not the daughters: the Worldlies, and nowse the clerks. For he that becometh a clerk, loseth moreover the faythgood, the Which he hath. Bot, if a prelate the first receiveth a faithgood, may then not succeed in the same here after any prelate? I thrust say so: for a daughter can after th' same fashion succeed in that faythgood, the Which a Wife did get: And even the same durst i speak of the prelate's and clerckes. THE eighteenth SETTING. More beyond succeed the boorne of a lawful marriage, either the Which are made after Ward lawlies through a lawful marriage. THE NYNTENTH SETTING. And for to speak generally, so shall the successors be such men, that there can serve to his lord, at time of the a) Werra v, Alb. Gent. de iure bell. unde guerra Ital. Hinc fort werigeld. Laur. (q. pecunia pro bello seu contentione) id est, mulcta pro homicidio: cons. Tacit. war, in his own person: for that cause, the which can never serve he selves, in his proper person, the same may not succeed, as there be the unperfytes, blinds, dombes, deafs, etc. THE TWENTIETH SETTING. The b) Nepotes, id est, filii fatris. ann. Franc. iuniores. L. i.e, liberi, heredes. somnes of the brethren (if they succeed alones without any other father's brother) succeed to the father's brother in singell heads, and not in other manner. THE ONE AND TWENTIETH SETTING. In the right of the faythgoodes are reckoned the stairs of the succession, according to the la of the Emperors, and not, according to the la of the Popes? For also in the territory of the Popes, the steps of the succession, be accounted, according to the laws of the Emperors. THE TWO AND TWENTIETH SET. I will now speak of the Afterknowing or aknowledging of the faithgood: For the which hath gotten a faythgood, or succeed in any faithgood, shall be thankful to wards the lord for such faithgood: whence also the * Feudum, â faith. i.e. fides: velfeede, Sax. foeden. faithgood is called. A such thank fullness consistheth almost in three parts: to first in th' afterknowing, in case of the lords death; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: secondly, that he in his own person (if he is a) Eo spectat hereschilt. Laur. i.e. clypeus militaris. die Matched von Lehenleuten. Simile in suo genere, die Reich Matricul. required) serve unto the lord of the faithgood: and leastly, that he use it, as a good faithful hous-bolder. THE THREE AND TWENTIETH SETTING. Therefore if the faythman doth not, what he shall in these cases, as then loseth he his faithgood, and it returneth to his lord. After, the same fashion, when the faithman hath b) Idem. in. Vadio. L. i.e. pignore, vadiare, Chr. August. & in vadium dare. c. 1. extra de pignor. alienated the faithgood, and overgeven 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. Moreover are other Ways to lose a faythgood, that there turneth to back to the lord: as, if he maketh a great damage to the lord in his goods: or When he hath done a great injury to, him, in his own person, either in the person of his Wife, or his daughter, or his son's Wife, or his sister, the Which is yet unmarried. And the injury is judged to be great, according to the usance of the nations and provinces. THE FIVE AND TWENTIETH SET. If the faithman hath not sinned against the lorden, nor his people, as there is, told: bot aganis an other, as, if he can not stand honestly in the lords court, per chance, having do a kill of his parents, or an incest, or When he for other great failles is infamied through the clear right, either is condemned through the sentence of the judge: As then loseth he his faythgood, the Which pertaineth then to the friends on the father's side, that there are in the fourth degree. THE SIX AND TWENTIETH SETting. Because that the friends on the father's side. consistinges within the fourth step of the friendship, are judged by some sort, for one person With the faithman, that there faileth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. THE SEVEN AND TWENTIETH SET. And that, as much is doth belong the moods of the losing. Bot in this place is to mark, that the argument of the correlatives be of great valour in the laws, in such manner, hat the lord loseth his propriety for likes offences and amisses, for Which the faith man loseth his faithgood, excepted per adventure three cases. THE EIGHT AND TWENTIETH SET. I Will now say a little of the judgement. Here is a such rule, that noman can be any judge in his a) Der some self vidner am sig, da er sit vidnisbyrde icke saint. own sake: and co sequently, if any debate is among the faythmen of a faithgood, as of the faithgood, as then is the lord a judge: bot if any contention is among the lord, and one of the faithmen, as then be b) judices etiam pro Doctorib. Burch Peth, de Vin. lib. 3. ep. 11. ann. Godefr. in pr. V cap. 17. ext. de elect. in 6. iunct. §. 8. Instit. de inf. N. G. & C. judges the other faithmen of the same court. The pleading men may also choose some certain people of many faythmen: And from the beginning a bargain can be made of the judge's people. THE NINE AND TWENTIETH SET. The oath of the calumny, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is not sworn in this judgement: for even that cause believe i that the faithman may call to the la his lord, without any special leave THE TRETTIETH AND LEST SET. The faithgood in a doubt some case do We judge to be propre. Wamanly, Worldly, noble, fatherly, etc. Further more is observed in this judgement the same c) Ut mannire, Laur. q zum manngericht laden, id est, in ius vocare: sed mallus. L.i.e. tribunal. q. die mahlstadt: unde ad mallatus, i.e. citatus. Ding, unde ding hoef: hinc ungebodending. Laur. id est, curia non indicta, à gebiethens. manner of the judgements, the Which is Written in the civil laws, in such Wise, that moreguer it can be appealed from the inferior judge to the higher judge, and if none higher is, as then to the judge of the same place or country. THE CONCLUSION. And also With the appealling make, i an end of my reasoning, commanding me to the Worship of the beloved Read. r. the Which shall consider, that i, according to the ordinance of our collegie, have Written this disputing the tenth day of my Inglish: And pray, that every one will prove himself, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and usa the same right be selves, the Which he hath spooken against me: in other Ways appeal i to a such judge, that there is more discreet and humane, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, nowse doubting that i may at the least obtain the victory of the cause. THE END.