BISHOP AYLMER. 165 



But his master corrected him for his judgment. For it was CHAP. 

 not to be j udged by the greatness or smallness, but which _ 

 was whose : and every one according to justice to have his 

 own. In like manner you should not, said Aylmer to this 

 author, looking upon the civil law, and weighing how 

 goodly it is, how large and indifferent it is, give it, as that 

 great coat, to England ; no more than you would appoint 

 the English law, which is the little coat, to Rome : our 

 law must direct us, because it best agreeth with our coun 

 try. Therefore, as he concluded smartly, to burden us with 

 the civil law, is as much as if you should persuade the Scots 

 to use the Garamantes&quot; 1 law, to kill men at fifty, and women 

 at forty, because the country, being somewhat barren, 

 could not well nourish such as by their age could do no 

 great good. And he proceeded to shew learnedly in divers 

 respects, wherein the English law and the civil disagree. 

 And for the entertainment of the reader I will repeat them. 



&quot; In England the eldest son inheriteth the father s lands, shews the 

 &quot; saving in gavel-kind. And in mine opinion it is good between the 

 &quot; policy for the continuance of houses : for nothing sooner law of En - 

 &quot; destroyeth great houses, than the division of the inherit- the civil 

 &quot; ance ; as it appeareth in Germany, and will more here- law - 

 &quot; after in our posterity, when the younger brethren shall 

 &quot; not be made Abbots, Bishops, and Cardinals, as they have 

 &quot; hitherto been. In the civil law the children succeed in- 

 &quot; differently in their father s patrimony, in feudis the sons, 

 &quot; and in other both sons and daughters. L. max. mt.ff. 

 &quot; sancimus. C. de lib. prczt. Item in Autent. de Hcered. ab 

 &quot; intest. in princ. et inff. cumjilius Just, de haired. Where 

 &quot; you see not only our law far to disagree with this, but 

 &quot; also that the civil law granteth inheritance to the females, 

 &quot; which you [Knox] would pluck away. 



&quot; The civil law giveth the father power over his child in 

 &quot; life and death : specially that which is called jus vetus, 

 &quot; as it appeareth, Le. 2. C. de par. quijil. diet. etle. in suis 

 &quot; F. de lib. et posth. C. de pat. ptatem. But in England, if 

 &quot; any father should kill his son, he should be trussed up 

 &quot; for his labour. 



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