A
BREEFE
discourse
declaring
and
approuing
the
necessarie
and
inuiolable
maintenaunce
of
the
lawdable
Customes
of
London
.
WE
finde
it
necessarie
in
all
common
wealthes
,
for
subiects
to
liue
vnder
the
direction
of
Lawes
,
constitutions
or
customs
publickly
knowen
and
receiued
,
and
not
to
depende
only
vpon
the
commandement
and
pleasure
of
the
gouernor
,
be
the
same
neuer
so
iust
or
sincere
in
life
and
conuersation
.
For
that
the
Law
once
enacted
and
established
,
extendeth
his
execution
towards
al
men
alike
without
fauour
or
affection
:
whereas
if
the
word
of
a
Prince
were
a
lawe
,
the
same
being
a
mortall
man
must
néedes
bee
possessed
with
those
passions
,
and
inclinations
of
fauour
or
disfauour
that
other
men
be
:
and
sometimes
decline
from
the
constant
&
vnremoueable
leuell
of
indifferencie
,
to
respect
the
man
besides
the
matter
,
if
not
to
regard
the
person
more
than
the
cause
.
Wherfore
it
was
wel
agréed
by
the
wisest
Philosophers
and
greatest
politicks
,
that
a
dumme
lawes
direction
is
to
be
preferred
before
the
sole
disposition
of
any
liuing
Prince
,
both
for
the
cause
afore
touched
,
and
for
other
reasons
which
I
will
here
omit
.
But
to
descend
to
the
particularities
of
my
intention
,
and
to
treate
of
the
validitie
and
inuiolable
obseruation
of
some
laudable
(
I
might
terme
them
sacred
)
customes
,
being
the
principall
ioyntes
and
verie
sinowes
of
all
good
corporations
and
fellowships
,
and
being
also
the
mainteiners
of
a
sacred
vnitie
and
natural
amitie
betwéene
the
husband
and
his
wife
,
the
parentes
&
their
children
,
which
(
as
Aristotle
the
wise
Philosopher
termeth
it
)
is
the
beginning
of
a
citie
.
For
what
is
a
citie
but
a
manifold
and
ioynt
societie
consisting
of
many
housholdes
,
and
liuing
vnder
the
same
Lawes
,
fréedomes
and
franchises
?
so
I
must
néedes
confesse
them
to
be
the
procurers
&
causes
of
sundry
good
effectes
to
the
general
estate
of
the
citie
wherein
they
be
obserued
:
as
of
the
other
side
they
may
bréede
sundrie
inconueniences
in
such
a
citie
where
the
same
are
violated
and
broken
with
allowance
and
impunitie
.
I
will
therfore
shortly
shewe
the
nature
of
a
Custome
,
and
the
difference
which
it
holdeth
from
a
publicke
Lawe
.
And
next
I
will
declare
how
necessarie
the
same
are
to
manage
the
gouernment
and
to
entertain
the
prosperitie
and
traffique
of
this
citie
:
and
namely
that
one
good
custome
which
I
entende
to
speake
of
.
Lastly
,
I
wil
endeuour
to
aunswere
those
pretensed
reasons
,
and
coulourable
obiections
made
against
the
precise
maintenance
and
defence
thereof
.
First
then
I
suppose
that
a
Custome
which
iustly
deserueth
that
name
,
is
of
no
lesse
reuerent
regarde
and
authoritie
than
a
written
lawe
,
passed
and
allowed
in
Partliament
:
which
notwithstanding
I
doe
graunt
that
there
are
certaine
differences
betwéene
a
lawe
and
a
custome
:
for
the
Custome
taketh
his
force
by
degrées
of
time
,
and
consent
of
a
certaine
people
,
or
the
better
part
thereof
,
but
a
lawe
springeth
vp
in
an
instant
,
&
receiueth
life
from
him
that
is
of
soueraigne
authoritie
to
command
.
A
Custome
enlargeth
it selfe
by
plausible
entertainement
,
and
acceptable
circumstances
of
time
&
occasion
,
with
generall
liking
and
allowance
,
whereas
a
Law
is
commanded
and
published
by
power
and
receiued
by
dutifull
constraint
,
and
that
often
against
the
good-will
of
them
that
are
bounde
by
it
,
for
which
cause
Chrysostome
not
improperly
compared
the
Custom
to
a
King
,
and
the
Lawe
to
a
tyrant
.
Moreouer
the
Custome
doeth
neither
promise
a
rewarde
for
obseruation
,
nor
inflict
a
punishment
for
violation
therof
:
wheras
the
Lawe
alwaies
importeth
either
a
consideration
of
gaine
,
or
a
terror
of
punishment
or
damage
,
if
the
same
be
not
a
Lawe
of
enlargement
or
permission
that
disanulleth
the
prohibitions
of
a
former
Lawe
.
Finally
a
Custome
is
applyed
to
the
commoditie
of
some
one
prouince
,
circuite
or
citie
,
and
grounded
vpon
a
speciall
reason
of
conueniencie
or
commoditie
,
for
those
persons
or
place
where
it
is
obserued
:
whereas
the
Lawe
hath
a
generall
reason
,
See
34.
H.
8.
B.
custome
,
59.
A
man
may
not
prescribe
or
plead
a
custome
per
totam
angliam
,
for
that
is
common
law
&
no
custome
,
otherwise
if
the
custome
had
beene
pleaded
to
be
in
such
a
citie
or
countie
as
Gauelkind
Gloc.
Fee
and
such
like
.
extended
to
the
whole
Nation
bound
by
the
same
,
without
priuate
consideration
of
the
due
importances
,
of
any
peculiar
place
or
people
.
Therefore
it
is
well
saide
and
put
in
vre
by
the
common
Lawyer
,
Quod
consuetudo
ex
rationabili
causa
profecta
priuat
communem
legem
.
That
a
Custome
grounded
vppon
reasonable
and
honest
consideration
abridgeth
or
altereth
the
iudgement
of
the
common
Law
.
So
that
in
Customes
the
estate
or
condition
of
the
people
are
to
be
respected
,
and
such
Customes
as
are
consonant
to
reason
,
and
most
appliable
to
the
estate
and
qualitie
of
such
people
,
are
to
be
allowed
.
For
example
the
Custome
of
Boroughenglish
,
But
see
now
the
statute
of
32
H
8.
ca
2
and
34.
H.
8.
c.
5.
of
Explanation
.
for
that
inhabitants
of
Boroughes
or
Cities
,
whose
traffique
and
trade
resteth
much
vppon
mutuall
trust
&
credite
,
are
oftentimes
indebted
at
the
time
of
their
death
.
Wherefore
it
was
thought
méete
,
that
they
might
deuise
their
lande
for
the
due
satisfaction
of
their
creditors
,
which
to
do
,
they
were
enabled
by
the
Custome
.
In
Kent
and
other
places
of
this
lande
the
Custome
of
Gauelkind
is
mainteined
,
which
importeth
an
equall
diuision
of
the
enheritance
to
be
made
among
all
the
brethren
:
a
Custome
partlie
grounded
vpon
a
natural
consideration
,
for
that
al
the
sonnes
holde
the
like
obligation
of
nature
&
desert
with
their
parentes
,
in
the
which
they
haue
an
equall
interest
:
and
also
suffered
to
take
place
in
Kent
and
other
places
of
this
lande
in
those
daies
most
inclinable
to
rebellion
,
to
the
intent
to
enféeble
their
forces
,
and
to
bring
their
great
houses
and
families
to
impuissance
and
decay
,
thereby
to
disable
and
discourage
them
from
such
vnlawefull
and
violent
attemptes
.
And
to
come
néerer
to
the
matter
,
this
famous
and
renowned
citie
of
London
hath
many
laudable
and
auncient
Customes
:
which
though
they
derogate
and
differ
much
from
the
rules
of
the
common
Lawe
,
yet
haue
they
béene
not
onely
approoued
by
inuiolate
experience
of
sundrie
ages
,
but
also
haue
béene
of
olde
ratified
and
confirmed
by
sundry
actes
of
Parliament
,
and
charters
of
Princes
,
and
namely
by
the
statute
of
Magna
Charta
,
by
these
wordes
following
,
Magna
charta
.
cap.
9.
Quod
ciuitas
London
habeat
omnes
libertates
suas
antiquas
&
consuetudines
quas
habere
consueuit
,
which
is
,
That
the
citie
of
London
haue
all
their
auncient
liberties
&
customes
which
they
haue
vsed
to
haue
.
The
words
folowing
for
other
cities
,
&c.
be
,
Quod
habeant
omnes
libertates
&
liberas
consuetudines
suas
,
which
signifieth
,
that
they
shall
still
retaine
their
liberties
&
free
customes
,
that
is
to
say
,
their
fréedomes
&
immunities
,
as
to
be
discharged
of
tolle
,
pontage
,
and
such
like
:
Whereas
the
Citie
of
London
hath
prouision
made
by
that
estatute
,
for
all
vsages
and
customes
whatsoeuer
.
Verily
as
the
citie
of
London
beareth
oddes
,
and
prerogatiue
ouer
other
cities
in
England
,
being
the
Metropolis
or
mother
Citie
thereof
,
so
are
the
inhabitantes
of
it
no
lesse
necessarie
than
profitable
members
of
the
common
wealth
,
in
transporting
our
commodities
into
other
lands
,
and
enriching
vs
with
the
benefits
and
fruits
of
other
countries
.
The
citie
of
Rome
,
and
Citizens
of
the
same
had
that
prerogatiue
as
in
other
thinges
so
also
in
their
executions
for
causes
capital
,
that
they
should
not
be
crucified
,
being
a
death
of
great
torment
and
infamie
,
but
only
beheaded
.
The
benefit
of
which
Custome
S.
Paule
claymed
and
obteyned
in
the
time
of
Nero
:
pretending
that
he
was
a
citizen
of
Rome
.
The
saide
Citizens
also
by
the
dignitie
and
reputation
of
their
citie
were
not
for
any
transgression
or
offence
to
be
fettered
,
whipped
,
or
scourged
,
which
priuiledge
likewise
the
saide
S.
Paule
toke
hould
of
,
who
being
oppressed
by
the
calumnious
accusations
and
outcries
of
the
Iewes
,
was
by
commandement
of
Claudius
Lisias
the
captaine
to
be
examined
by
torture
of
whippes
,
Actes
.
22.
what
was
the
cause
of
that
generall
murmure
and
exclamation
of
the
people
against
him
:
yet
S.
Paule
by
alleadging
that
he
was
a
frée
man
of
Rome
,
not
onely
deliuered
himselfe
from
the
iniurie
and
rage
of
the
people
,
but
also
made
the
captaine
much
afraide
of
question
or
punishment
for
the
indignitie
offered
vnto
him
,
so
great
was
the
maiestie
of
that
Citie
,
and
so
reuerent
the
reputation
of
all
such
as
were
accounted
members
thereof
.
Athenaeus
termed
Rome
in
those
daies
very
fitly
,
Epitome
totius
orbis
,
an
abridgement
of
the
whole
worlde
,
for
the
continuall
concourse
and
resort
of
all
nations
thither
.
We
may
deriue
thence
an
argument
for
our
purpose
,
that
London
beeing
woorthie
that
title
,
Epitome
totius
Angliae
in
respect
of
the
necessarie
repaire
&
frequent
assemblie
of
al
estates
therein
,
whether
it
be
for
Iustice
by
the
Lawes
of
this
land
,
which
are
here
administred
,
or
by
trade
of
marchandise
,
which
is
here
so
great
that
it
may
be
termed
totius
occidentis
emporium
:
and
chieflie
because
of
the
fauorable
and
often
soiorne
of
our
most
roiall
and
gracious
soueraigne
,
whose
maiesties
chamber
this
is
as
it
alwaies
hath
béene
of
her
most
noble
progenitors
:
the
same
is
no
lesse
woorthy
of
sundry
preheminences
which
by
Custome
and
Charter
it
enioyeth
aboue
other
Cities
of
this
lande
.
We
finde
in
our
Lawe
bookes
that
the
scholers
of
Oxford
claymed
a
priuiledge
by
custome
to
haue
preferment
of
any
house
or
lodging
that
was
to
be
lette
in
the
citie
of
Oxforde
,
40.
E.
3.
fo.
17.
Vide
Brooke
,
Prescr
.
8.
&
the
same
was
allowed
in
the
common
place
in
Westminster
,
where
Iustice
Finchden
a
man
of
great
reckoning
at
that
time
saide
,
that
it
is
reason
that
they
which
are
principal
instruments
of
great
good
in
the
common
wealth
,
should
haue
beneficiall
customes
for
the
maintenance
of
their
societies
:
the
like
reason
(
saith
he
)
serueth
for
the
merchantes
of
the
staple
in
Westminster
,
and
also
for
the
Iustices
of
Assises
,
or
Iustices
in
eyre
,
to
haue
the
like
prerogatiue
.
Also
it
is
not
vnfitte
to
remember
,
that
the
barons
of
the
lande
haue
diuers
prerogatiues
aboue
other
subiectes
,
that
is
,
they
shall
not
bee
sworne
when
they
passe
vppon
their
Péeres
,
and
if
they
bring
an
appeale
,
the
defendant
shall
not
wage
battaile
against
them
,
and
they
are
exempted
out
of
all
returnes
in
Iuries
,
and
shall
not
be
sworne
in
Léetes
,
and
all
in
respect
of
their
dignitie
and
for
the
necessarie
vse
of
them
in
gouernement
of
the
common
wealth
.
So
that
persons
of
néedefull
employment
in
the
estate
,
haue
alwaies
béene
sauoured
in
all
their
honest
Customes
or
prescriptions
,
and
especially
the
Citizens
of
London
,
and
the
rather
for
the
great
presumption
and
opinion
conceiued
of
their
experience
,
who
being
trayned
by
harde
education
,
in
great
vse
of
seruice
and
affaires
:
and
also
by
their
trauaile
and
traffique
beyonde
the
seas
,
by
continuall
negotiation
with
other
Nations
must
néedes
(
by
al
reasonable
likelihoode
)
procure
vnto
themselues
great
iudgement
and
sufficiency
,
to
manage
a
politicke
regiment
in
their
citie
,
according
vnto
that
verse
of
the
Poet
Homer
in
the
beginning
of
his
treatise
of
wise
Vlisses
his
aduentures
remembring
his
trauaile
into
sundrie
Nations
and
Cities
.
Die
mihi
musa
virum
captae
post
tempora
Troiae
,
Qui
mores
hominum
multorum
vidit
&
vrbes
.
The
sense
whereof
may
be
wel
expressed
in
English
verse
without
time
thus
:
All
trauailers
do
gladly
report
great
praise
of
Vlisses
:
For
that
he
knewe
manie
mens
maners
,
and
sawe
manie
cities
.
Which
opinion
of
their
pollicie
and
experience
conceiued
and
approued
by
the
noble
Princes
of
this
lande
,
in
all
ages
doeth
euidently
appeare
by
the
manner
of
their
gouernment
,
whereat
strangers
do
no
lesse
enuie
than
admire
séeing
so
populous
a
citie
,
conteyning
by
true
estimation
more
then
500
thousandes
of
all
sortes
of
inhabitants
managed
not
by
cruell
viceroyes
,
as
is
Naples
or
Millaine
,
neither
by
proude
Podestà
,
as
be
most
cities
in
Italie
,
or
insolent
Lieuetenantes
or
presidentes
,
as
are
sundry
Cities
in
France
,
(
whose
presidents
are
noble
men
or
captaines
,
hauing
their
persons
enuironed
with
a
guarde
of
souldiers
,
and
holding
their
cities
possessed
with
a
garrison
aswell
in
the
quietest
calme
of
peace
as
in
the
hoatest
combustion
of
warre
)
but
by
a
man
of
trade
or
a
méere
marchant
,
who
notwithstanding
,
during
the
time
of
his
magistracie
,
carieth
himselfe
with
that
honorable
magnificence
in
his
port
,
and
ensignes
of
estate
,
that
the
Consuls
,
Tribuns
or
pretors
of
Rome
,
(
namely
,
when
as
the
same
was
reduced
to
a
monarchie
)
much
lesse
the
Podestà
of
any
citie
in
Italie
neuer
bare
the
like
representation
of
dignitie
,
and
that
not
onely
in
peaceable
seasons
but
in
time
of
greatest
warre
:
for
such
credite
the
Princes
of
this
lande
haue
stil
reposed
in
their
fidelitie
and
wise
direction
,
that
we
haue
fewe
examples
in
any
chronicle
of
any
noble
man
or
other
appointed
to
assist
the
L.
Maior
in
his
gouernment
,
much
lesse
to
bee
sole
ruler
or
lieutenant
for
the
time
,
were
the
state
neuer
so
troublesome
,
and
the
affaires
of
neuer
so
great
consequence
and
importance
.
And
to
adde
a
litle
more
in
proofe
of
the
singular
good
conceipt
had
of
their
seruice
to
the
common
wealth
,
and
that
the
same
hath
in
al
ages
from
the
conquest
giuen
them
prerogatiue
aboue
other
cities
of
this
lande
,
wee
reade
in
the
vij
yeare
of
Henrie
the
vi
,
7.
H.
6.32
.
that
in
a
natiuo
habendo
brought
by
the
Lorde
to
recouer
his
villen
,
it
was
adiudged
a
good
returne
made
by
the
Shiriffe
of
London
,
that
such
was
the
Custome
of
London
,
that
a
villen
hauing
remained
there
the
space
of
one
whole
yeare
and
a
day
,
could
not
be
fetched
or
remoued
out
thence
.
For
so
great
is
the
prerogatiue
of
that
place
,
that
it
giueth
protection
to
the
villen
or
bondman
against
his
lord
while
the
saide
bondman
shall
be
resiant
there
.
Likewise
it
was
taken
for
a
good
custome
in
the
citie
of
London
,
that
no
attaint
should
be
maintained
for
a
supposed
false
verdit
giuen
in
that
citie
.
7.
H.
6.32
.
&
the
same
case
was
adiudged
in
2.
E.
3.
In
the
which
case
the
Shiriffe
of
London
made
returne
vpon
a
writ
of
attaint
sued
against
a
Londoner
,
that
such
was
and
had
béen
alwayes
the
custome
of
the
citie
,
that
no
attaint
should
be
allowed
against
any
commoner
or
other
citizen
of
the
same
,
for
which
cause
he
might
not
saluis
libertatibus
without
impeachment
of
their
liberties
,
serue
or
execute
the
writ
.
Then
was
there
a
writ
directed
out
of
the
Chauncerie
to
the
Iustices
of
the
Kings
bench
with
expresse
commaundement
to
allowe
to
the
Maior
,
Shirifes
and
Citizens
all
their
liberties
,
immunities
&
customes
,
and
further
out
of
that
writ
was
a
Venire
facias
directed
to
the
Maior
&
Shiriffes
,
whereby
was
day
giuen
them
to
come
and
make
declaration
of
their
custom
,
at
which
day
the
parties
plaintife
and
defendant
being
present
,
the
Maior
&
Shiriffes
had
full
allowance
of
their
customs
,
the
Shiriffes
were
holden
excused
for
their
returne
,
and
the
parties
writ
was
abated
,
and
himselfe
punished
by
imprisonment
for
his
vexation
.
I
haue
here
at
large
remembred
this
case
,
to
the
ende
it
may
appeare
both
what
credit
and
opinion
of
conscience
and
trueth
,
the
lawe
ascribed
to
the
citizens
of
London
,
and
also
how
carefull
and
vigilant
the
Maior
&
Shiriffes
haue
alwayes
béene
to
preserue
&
vphold
their
customs
,
although
sithence
that
onely
custome
was
for
especiall
causes
abrogated
by
the
statute
of
11.
H.
7.
and
an
attaint
giuen
in
London
.
11.
H.
7.
ca.
21.
Moreouer
,
we
finde
it
recorded
in
M.
2.
E.
3.
that
whereas
a
citizen
of
London
brought
an
appeale
of
robberie
,
M.
2.
E
3.
cor.
pl.
157.
and
the
defendant
would
haue
tryed
his
innocencie
by
battaile
,
as
he
may
in
semblable
case
against
another
man
,
Wilby
then
Iustice
answered
him
,
that
he
was
not
to
haue
allowance
of
battaile
in
an
appeale
commenced
by
a
citizen
of
London
,
for
that
by
custom
of
their
citie
they
were
exempted
from
it
.
The
like
appeale
was
sued
P.
20.
E.
3.
wherein
the
defendant
made
offer
of
the
same
triall
.
P.
20.
E.
3.
cor.
pl.
125.
And
although
hee
that
sued
the
appeale
woulde
haue
ioyned
battaile
without
regarde
of
this
fraunchise
,
the
Lorde
Maior
with
the
rest
of
the
corporation
sued
a
writ
out
of
the
Chauncerie
reciting
their
custome
or
franchise
,
and
prayed
allowance
of
it
in
disturbance
of
the
battaile
20.
E.
3.
Coron.
125.
If
a
frée
man
or
frée
woman
of
London
be
committed
to
Ludgate
,
they
are
to
be
excused
from
the
ignominie
of
Irons
,
if
they
can
finde
suerties
to
be
true
prisoners
,
&
if
the
summe
be
not
aboue
an
hundred
pounds
.
Vpon
the
like
reason
is
that
custome
established
for
the
liberall
and
milde
imprisonment
of
the
citizens
in
Ludgate
,
whereby
they
haue
indulgence
&
fauour
to
go
abroad
into
any
place
by
baston
as
we
terme
it
,
vnder
the
garde
and
superintendencie
of
their
kéeper
,
with
whome
they
must
returne
againe
to
the
Prison
at
night
,
a
custome
verily
,
though
quarelled
with
by
some
,
and
supposed
to
be
the
hinderance
and
delay
of
Iustice
,
&
oftentimes
a
meane
to
defraud
men
of
their
true
debtes
and
executions
,
yet
the
ground
thereof
being
well
examined
,
it
wanteth
not
a
sound
maintenance
in
the
course
of
reason
(
as
I
thinke
.
)
For
the
prescription
or
custom
is
but
a
mitigation
of
the
extremitie
of
their
imprisonment
,
seruing
rather
for
the
expedition
of
their
discharge
&
spéedie
satisfaction
of
their
creditours
,
than
for
any
other
purpose
:
so
that
this
scope
and
licence
in
proper
construction
and
sense
of
lawe
,
cannot
be
termed
an
enlargement
or
libertie
.
For
to
remaine
in
the
materiall
prison
in
the
night
,
and
to
go
foorth
out
of
the
same
in
the
day
,
vnder
the
restraint
&
controll
of
a
continuall
kéeper
,
is
alwaies
an
imprisonment
,
though
exercised
with
greater
mildnesse
&
lenitie
.
And
diuerse
causes
there
are
to
warrant
the
same
in
London
rather
than
in
other
places
:
the
one
is
for
that
the
citie
of
London
standeth
chiefely
vpon
the
traffique
and
intercourse
of
merchants
and
the
vse
of
buying
&
selling
of
their
sundrie
commodities
,
which
is
not
alwayes
perfourmed
by
themselues
but
by
their
factours
and
seruants
,
and
oftentimes
one
factor
or
agent
serueth
the
turne
of
manie
merchants
,
whereby
he
is
pressed
to
sundrie
and
seuerall
accountes
.
Wherefore
to
the
ende
the
prisoners
may
enforme
themselues
vpon
their
mutuall
reckonings
,
both
what
they
owe
and
what
is
due
vnto
them
,
and
also
that
vpon
conference
&
account
with
their
agents
returning
from
other
countreyes
they
may
be
made
acquainted
with
the
increase
of
their
aduentures
or
commodities
,
it
is
necessarie
they
should
haue
places
of
méeting
which
will
not
be
so
conuenient
in
a
close
prison
,
the
same
being
no
place
of
assemblie
or
frée
accesse
(
especially
it
being
no
common
dutie
in
the
Gaoler
to
permit
any
person
to
come
among
his
prisoners
for
any
such
occasion
)
and
if
the
Gaoler
were
bound
to
endure
or
suffer
such
common
&
voluntarie
repaire
vnto
his
prisoners
,
yet
wil
it
be
no
fit
place
for
marchants
to
treat
&
negotiate
their
causes
which
cannot
be
well
determined
without
their
bookes
of
accounts
,
and
witnesses
of
their
contracts
,
and
oft
must
the
same
be
decyded
before
the
masters
of
their
trades
or
companies
.
So
that
this
custome
made
in
furtherance
of
mutuall
accounts
doth
verie
much
enable
the
prisoner
to
procure
his
libertie
and
pay
his
det
.
Also
if
the
prisoner
be
poore
and
of
himself
vnable
to
pay
,
Vide
4.
E
6.
plo
▪
com
.
36.
this
toleration
of
their
going
abroad
with
the
kéeper
is
a
good
meane
for
him
to
procure
the
almes
and
reléefe
of
other
charitable
people
,
thereby
the
sooner
to
purchase
his
libertie
.
Whereby
it
appeareth
what
reckoning
the
lawe
maketh
of
them
,
in
consideration
of
their
great
hazard
by
sea
(
through
danger
of
shipwracke
or
piracie
)
and
aduenture
in
strange
countreys
(
by
falshood
and
negligence
of
factours
)
or
by
warres
betwéene
Princes
,
the
inconueniences
and
mischiefes
whereof
,
are
not
so
offensiue
or
preiudiciall
to
anie
,
as
to
merchants
,
whose
condition
as
it
may
by
a
fortunate
voiage
be
much
enriched
,
and
aduaunced
:
so
may
it
by
any
of
the
mischaunces
aforesaid
,
be
so
empaired
&
ouerthrowen
,
that
it
may
turne
himselfe
,
his
wife
,
and
familie
to
vtter
calamitie
and
distresse
.
Therefore
as
the
hope
&
comfort
of
the
wife
(
hauing
commonly
no
assurance
of
ioynture
in
the
citie
,
nor
expectation
of
dower
as
other
women
haue
)
and
also
of
the
children
(
being
for
the
most
part
borne
to
no
great
patrimonie
,
other
than
that
which
their
fathers
shall
by
their
vertuous
industrie
acquire
)
doth
onely
depend
vpon
the
fortune
of
their
husbands
or
fathers
trauaile
,
it
hath
laudably
and
conscionably
béene
obserued
for
a
custome
,
and
is
yet
by
the
wiser
and
better
sort
religiously
regarded
that
when
any
citizen
of
London
dyeth
,
his
wife
shall
haue
the
third
parte
of
his
goods
,
and
the
children
another
third
part
,
equally
to
be
diuided
among
them
,
according
to
the
proportion
of
his
goods
,
and
himselfe
another
third
part
to
dispose
by
his
last
will
&
testament
at
his
pleasure
.
A
partition
so
reasonable
and
grounded
vppon
so
good
consideration
,
(
the
qualitie
and
estate
of
the
Londoners
considered
,
)
that
if
it
were
not
approued
by
custome
,
but
to
be
proposed
in
the
wisest
and
highest
court
of
Parliament
,
whether
it
were
fit
to
haue
the
force
of
a
law
,
I
thinke
no
man
(
vnlesse
he
were
a
Timon
by
nature
,
or
a
Diogenes
by
disposition
)
no
man
I
say
possessed
with
common
humanitie
would
gainesay
or
impugne
it
.
Doth
not
the
common
law
now
in
force
giue
the
husband
presently
by
the
intermariage
al
the
goods
and
chattels
of
his
wife
,
though
the
same
be
of
the
value
of
10000.
pounds
,
so
that
when
shée
is
once
his
wife
,
the
law
disableth
her
to
giue
or
dispose
any
thing
that
was
hers
before
?
And
shall
not
the
husband
be
bound
by
semblable
obligation
of
reason
to
leaue
his
wife
the
third
part
of
his
goods
,
and
if
the
lawe
be
in
that
respect
defectiue
(
as
what
law
in
the
world
,
except
the
law
of
God
,
is
without
his
imperfections
?
)
shall
not
the
custome
supply
it
in
such
sort
that
no
barbarous
and
vncharitable
or
cautelous
,
and
vnkind
practises
by
déede
of
gift
,
or
otherwise
,
shall
disapoint
or
defraud
the
same
?
especially
here
in
London
,
where
the
good
estate
of
men
,
for
the
most
part
consisteth
in
mouables
,
by
reason
of
their
continuall
trades
and
exchanges
,
so
that
their
wiues
cannot
assure
themselues
of
their
dowrie
commonly
called
thirds
,
as
they
might
if
their
husbands
were
seased
of
lands
in
fée
simple
.
Also
the
comfortable
socitie
betwéene
husband
&
wife
,
is
of
that
pretious
estimate
and
honorable
reputation
before
God
and
man
,
that
there
may
not
possibly
a
more
sacred
and
straite
coniunction
be
imagined
among
the
children
of
men
.
Charondas
the
Philosopher
calleth
them
Homosipios
,
which
signifieth
,
fedde
with
the
selfe
same
foode
.
And
Epimenides
another
Philosopher
calleth
them
Homocapuos
,
which
is
as
much
to
say
,
as
vsing
the
selfe
same
smoke
,
and
the
selfe
same
manger
,
&
as
it
were
drawing
the
selfe
same
breath
.
Finally
,
the
scripture
giueth
expresse
charge
to
eche
man
to
tender
his
wife
with
extraordinarie
good
offices
by
saying
,
Thou
shalt
leaue
thy
father
&
mother
,
Matth.
cap.
19
Mark
.
cap.
10.
1.
Cor.
cap.
7.
Ephes.
cap.
5.
and
cleaue
to
thy
wife
.
If
the
force
of
custome
did
not
enforce
the
matter
,
these
onely
considerations
were
sufficient
to
proue
,
that
there
should
be
nothing
priuate
,
nothing
peculiar
,
nothing
proper
,
but
euery
thing
in
common
,
euery
thing
equally
interested
betwéene
the
husbande
and
the
wife
.
The
like
though
not
equall
affection
is
commaunded
by
the
Apostle
to
the
Colloss.
3.
by
the
fathers
towards
their
children
.
You
fathers
be
tender
and
louing
vnto
your
children
,
and
discourage
them
not
.
But
let
vs
sée
what
account
our
common
law
hath
made
of
the
like
customes
,
sounded
vppon
the
loue
and
affection
betwéene
man
and
wife
.
It
was
vsed
of
auncient
time
in
Gauelkind
land
,
&
hath
receiued
the
allowance
and
iudgement
of
a
good
and
lawfull
custome
,
that
if
the
husband
be
attainted
and
executed
for
a
felonie
by
him
committed
,
M.
8.
H.
3
presc
.
60.
yet
shall
his
wife
for
the
solace
of
her
losse
and
desolation
haue
her
dowrie
of
his
land
,
8.
E.
2.
Itin.
can
.
prescript
.
50.
and
also
the
heire
shall
inherite
the
same
according
to
that
olde
saying
:
The
father
to
the
bough
,
&
the
sonne
to
the
plough
,
although
the
common
lawe
by
rigorous
imputation
to
make
men
more
fearefull
to
offende
in
crymes
of
such
quality
,
P.
35.
H.
6.58
.
extendeth
the
punishment
though
not
to
the
persons
of
the
wife
&
children
,
yet
to
their
fortune
so
farre
as
it
may
turne
to
their
vtter
impouerishment
and
discomfort
.
In
the
citie
of
Yorke
there
is
a
custome
,
that
the
husband
may
enfeoffe
his
wife
of
such
laude
as
he
shall
purchase
,
which
though
it
be
against
the
rule
of
the
common
lawe
(
which
disableth
the
husband
to
conuey
any
lande
to
his
wife
)
by
feoffement
or
déede
,
12.
H.
3.
pre●
▪
6.1
.
yet
by
force
of
the
custome
it
was
adiudged
to
be
lawfull
and
effectuall
.
Also
the
custome
of
manie
places
in
England
is
,
that
the
wife
shall
enioy
the
whole
land
of
her
husband
in
name
of
her
dowrie
,
as
it
appeareth
by
M.
Litt.
himselfe
,
Litt.
ti.
Dower
and
the
husband
cannot
by
any
cautele
or
deuise
defeate
her
therof
.
And
in
some
other
countreys
they
haue
the
moitie
or
tene
part
,
and
generally
by
the
common
lawe
the
thirde
part
.
In
Northwales
the
custome
is
so
beneficiall
for
wiues
,
(
that
although
they
be
sure
of
their
thirds
of
such
land
as
their
husbands
shall
chaunce
to
be
seased
of
at
any
time
during
the
mariage
)
yet
are
they
to
haue
the
moitie
or
tone
parte
,
not
onely
of
his
goods
&
moueables
,
but
also
of
his
leases
,
be
the
termes
thereof
neuer
so
long
.
Not
manie
yeres
agoe
the
custome
of
Taunbean
was
alleaged
and
allowed
by
the
court
of
the
Kings
bench
,
14.
Eliz.
that
the
husband
or
wife
whether
so
euer
of
them
did
happen
to
ouerliue
should
haue
the
inheritance
or
fée
simple
land
of
the
other
by
suruiuor
,
a
custome
verily
neither
contrary
to
reason
nor
repugnant
to
religion
,
as
no
well
disposed
or
good
husband
can
denie
,
when
he
entreth
into
consideration
of
these
holie
duties
and
good
obseruances
that
are
commended
and
commaunded
in
holie
scripture
.
Read
the
Epistle
to
the
Ephesians
,
ca.
5.
If
then
these
customes
beare
sway
in
sundrie
places
,
and
are
publiquely
approued
by
iudicial
sentences
,
what
citizen
wil
be
so
senselesse
,
what
Londoner
so
loose
,
what
merchant
or
other
fréeman
so
inconsiderate
,
and
vnregardfull
of
his
owne
good
estate
,
and
so
readie
to
defile
his
own
nest
,
as
once
to
attempt
or
practise
the
violation
or
breach
of
so
good
a
custome
?
What
is
he
who
séeing
the
estate
of
London
is
preferred
before
other
cities
of
the
lande
by
the
benefite
and
meanes
of
their
most
profitable
customes
,
that
will
giue
a
daungerous
example
to
abrogate
the
same
and
to
call
their
vsages
in
question
?
A
custome
,
if
it
haue
béene
once
notoriously
discontinued
,
or
interrupted
,
loseth
the
title
and
appellation
of
a
custome
,
and
by
instance
giuen
of
the
time
when
it
was
disused
lacketh
a
great
part
of
his
authoritie
.
Then
vnnatural
or
at
least
wise
vnaduised
is
that
citizen
which
to
serue
his
priuate
humor
bringeth
a
generall
custom
either
into
question
by
his
fraud
,
or
by
his
example
into
contempt
.
Pernicious
also
is
the
president
of
one
custome
called
in
question
to
the
ruine
of
the
rest
:
Namely
,
when
as
the
citie
by
their
counsell
in
her
maiesties
courtes
of
Westminster
,
claiming
the
benefite
of
their
customes
,
See
before
in
the
case
of
robberie
how
carefull
the
citie
was
to
auoide
this
danger
and
to
preserue
their
custome
,
and
also
in
the
case
of
the
attaint
before
7.
H.
6.
&c.
may
be
encountred
&
confronted
,
&
with
a
counterplea
giuen
by
themselues
,
that
such
of
their
owne
Aldermen
&
commons
haue
by
their
déedes
and
deuises
either
disaffirmed
or
disanulled
the
same
.
A
practise
as
of
great
condemnation
in
them
that
do
it
,
so
no
doubt
of
great
ouersight
&
incircumspection
in
them
that
suffer
it
.
But
somewhat
to
satisfie
the
idle
cauils
pretended
to
the
contrarie
saith
some
one
,
is
not
the
generall
lawe
of
England
sufficient
to
manage
the
gouernement
of
London
as
wel
as
of
all
other
subiectes
,
but
that
Londoners
must
haue
priuate
customes
and
vsages
of
their
owne
?
This
obiection
made
by
the
enuiers
or
enimies
of
the
wealth
of
London
(
howsoeuer
they
make
shewe
to
the
contrarie
)
rather
deserueth
a
hisse
than
a
replye
,
and
is
sufficiently
confuted
in
the
former
discourse
.
But
it
is
further
vrged
by
some
hard
husbands
,
my
wife
is
frowarde
&
vndutifull
,
and
hath
not
deserued
it
.
Shée
is
a
foole
and
cannot
rule
it
.
Shée
will
marrie
againe
,
and
enrich
some
other
with
the
fruite
of
my
trauaile
.
Wherefore
I
thinke
it
necessarie
to
abridge
her
of
that
liberalitie
which
the
custome
doth
extende
.
Also
my
children
be
euill
enclined
,
disobedient
or
vntractable
,
or
some
of
them
be
.
Wherfore
I
may
with
reason
depriue
them
of
the
benefit
of
this
custome
.
First
to
answere
the
vndutifulnes
,
I
wish
thée
whosoeuer
thou
art
to
summon
and
conuent
thy selfe
to
the
tribunall
seate
of
thy
inwarde
minde
,
Aug.
in
lib.
confess
.
as
S.
Augustine
saieth
,
&
to
make
conscience
thy
iudge
,
thy
cogitations
the
witnesses
,
thy
actions
the
accusers
,
thy
memory
the
register
or
record
to
giue
in
euidence
:
and
let
it
be
discussed
in
all
due
circumstances
,
whether
thou
didst
not
likewise
forget
the
offices
of
a
good
husband
and
defraud
her
of
her
duties
,
1.
Corinth
.
ca.
7
,
(
as
S.
Paule
sayeth
)
or
prouoke
her
to
impacience
which
the
same
Apostle
forbiddeth
in
these
wordes
,
You
husbandes
be
louing
to
your
wiues
,
Coloss.
ca.
3.
and
no
way
be
bitter
vnto
them
.
Peter
.
Epist.
1.
ca.
1.
Which
also
S.
Peter
remembreth
in
aduising
husbandes
to
dwell
with
their
wiues
sincerely
and
according
to
knowledge
in
doing
honor
vnto
them
as
to
the
weaker
vessell
.
Let
it
I
say
bee
examined
in
the
consistorie
of
thy
conscience
whether
thou
either
by
thy
fault
wittingly
,
or
negligently
by
thy
default
,
or
by
thy
vnkindnesse
vnduly
,
hast
caused
her
being
the
weaker
vessell
to
be
the
more
intollerable
.
If
thou
finde
thy selfe
condemned
by
thy
conscience
,
let
remorse
be
thy
executioner
,
and
amendment
with
kindnesse
towardes
thy
wife
be
thy
penance
:
but
if
thou
finde
thy selfe
guiltie
of
no
want
of
affection
,
loue
or
good
cariage
of
thy selfe
towardes
her
,
so
that
her
vndutifulnesse
procéeded
of
her selfe
:
yet
I
pray
thée
remember
the
benefits
which
God
hath
giuen
thée
by
her
meanes
,
whether
they
be
giftes
of
fortune
in
bettering
of
thy
estate
,
or
eschewing
of
sinne
,
by
her
lawfull
and
comfortable
companie
,
or
the
blessing
of
children
a
soueraigne
good
in
this
worlde
,
thy
children
being
the
monuments
of
thy
life
and
being
vpon
earth
,
&
the
repayrers
of
thy
decaie
.
And
let
these
fauours
and
graces
enioied
by
her
company
couer
and
counteruaile
her
other
imperfections
whatsoeuer
.
Folow
therein
the
example
of
the
wise
Socrates
,
who
being
demanded
how
he
could
endure
the
continuall
scoulding
&
vexation
of
his
wife
Zantippe
,
likewise
asked
of
the
other
why
he
suffered
the
rackling
and
vnpleasant
noyse
of
hens
and
Turkeies
in
his
house
,
because
said
the
other
they
lay
egges
and
bréed
chickens
for
me
,
and
so
said
Socrates
,
Zantippe
beareth
me
children
,
which
good
turne
alone
couereth
and
dispenseth
with
infinite
defectes
.
Calicratides
the
Athenian
being
demaunded
why
he
a
man
so
nobly
descended
,
but
hauing
matched
with
a
base
Thessalian
woman
,
yet
by
his
last
will
bequethed
vnto
her
all
his
substance
,
leauing
his
other
friendes
and
kinsfolkes
vnregarded
:
because
(
saide
he
)
she
is
my
wife
,
meaning
that
shee
who
was
by
his
iudgement
and
choice
made
woorthie
to
be
his
wife
,
should
be
vnwoorthie
of
nothing
that
was
his
.
Which
may
also
satisfie
that
seconde
point
of
supposed
folly
in
the
wife
,
and
want
of
discretion
to
marshall
so
great
a
proportion
of
wealth
,
as
the
custome
will
giue
her
.
Wherefore
wouldest
thou
marie
with
a
foole
,
if
thou
thoughtest
her
vnwoorthie
of
the
rights
of
mariage
?
then
séeing
thy
choice
hath
estopped
thy
testimonie
of
her
folly
,
thy
dutie
towardes
thy
wife
shall
binde
thée
to
fauour
and
conceale
her
weakenesse
,
and
to
performe
that
which
the
custome
pronounceth
to
be
conuenient
.
It
can
not
be
euill
bestowed
vpon
her
,
whose
right
by
custome
demaundeth
it
,
and
whose
estate
and
imperfections
haue
néede
of
it
,
whereas
if
the
husband
may
be
permitted
by
this
colour
to
defeate
his
wife
,
many
inconueniences
and
disorders
might
ensue
.
Better
it
is
to
suffer
a
mischiefe
than
an
inconuenience
.
Lesse
harmeful
and
hatefull
it
is
for
a
man
to
swallowe
twentie
of
these
light
offences
,
and
to
disgest
sundrie
of
these
pretensed
scruples
,
than
by
violating
of
a
custome
no
lesse
common
than
commendable
to
leaue
to
posteritie
an
odious
memorie
and
obloquie
of
his
name
.
The
last
obiection
against
wiues
is
no
lesse
ridiculous
than
Tyrannicall
,
grounded
vpon
an
vniust
desire
to
restraine
them
from
mariage
.
Mariage
is
an
honorable
ordinance
of
God
,
fit
and
necessarie
for
all
persons
disposed
thereunto
,
to
the
auoyding
of
sinne
,
and
maintenance
of
a
comfortable
and
sociable
christian
life
.
To
restraine
or
prohibit
the
same
either
in
maides
or
widowes
,
(
as
S.
Paule
sayth
)
is
the
doctrine
of
diuels
.
Tim.
ep.
1.
ca.
4
And
to
indent
or
condition
with
any
that
he
or
she
shall
not
marie
,
43.
E.
3.6
.
is
a
condition
limited
against
lawe
,
and
by
the
same
pronounced
vnlawfull
and
vnreasonable
.
Make
it
thine
owne
case
,
admitte
thou
diddest
match
with
a
welthie
wife
,
whose
furniture
and
riches
hath
increased
thy
estate
,
if
God
should
call
for
her
,
wouldest
thou
in
a
kinde
memoriall
of
the
benefittes
attained
by
her
meanes
,
make
thy selfe
a
votarie
to
liue
vnmaried
?
Doe
those
which
marie
great
heires
being
women
,
and
after
their
wiues
deathes
enioy
their
whole
inheritance
by
the
curtesie
of
England
,
making
their
wiues
heires
to
expect
during
their
liues
,
take
it
for
any
matter
of
conscience
or
scruple
to
marie
again
?
Vnlesse
it
be
in
some
place
where
the
force
of
the
custome
and
the
benefit
of
the
liuing
ioyned
together
worke
a
contrarie
resolution
in
some
husbands
:
which
Custome
annexed
to
Gauelkind
landes
in
Kent
and
other
places
is
of
this
qualitie
,
16.
E.
3.
aid
129
19.
E.
3.
aid
144
that
the
husband
shal
after
the
desease
of
his
wife
be
tenant
by
the
curtesie
of
her
lande
as
long
as
he
remaineth
vnmaried
,
whether
he
haue
issue
by
her
or
not
:
but
vpon
his
next
mariage
shall
vtterly
forgoe
all
his
interest
therein
.
A
custome
therefore
the
lesse
vnresonable
because
the
restraint
of
mariage
of
the
one
side
is
counteruailed
by
the
beneficiall
fauour
of
the
other
side
to
haue
the
land
by
the
curtesie
without
issue
,
and
also
for
that
he
is
to
depriue
the
next
heire
of
his
wife
,
who
perchance
hath
béen
maried
with
him
but
fewe
moneths
or
daies
,
of
the
profite
and
commoditie
of
the
whole
land
during
his
life
.
But
chiefly
because
it
is
a
custome
grounded
&
grewen
in
continuance
to
such
religious
obseruation
&
regard
,
that
it
séemeth
an
offence
of
conscience
to
infringe
it
.
But
in
our
case
sithens
there
is
neither
custom
nor
conscience
to
warrant
thy
wil
,
why
shouldest
thou
then
séeme
to
quarell
with
the
lawfull
libertie
of
thy
wife
,
if
shee
suruiue
thée
,
shée
being
weake
by
kind
and
education
,
and
thereby
lesse
able
to
direct
her
occasions
,
and
gouerne
her
estate
without
a
companion
and
coadiutor
?
no
on
Gods
name
referre
her
to
her
owne
choyce
&
conscience
therein
,
and
make
it
no
pretence
and
colour
to
abridge
her
of
her
right
,
because
shée
séemeth
inclynable
vnto
that
,
which
God
hath
ordained
,
&
all
men
and
women
do
embrace
.
As
to
the
feare
and
suspition
pretended
,
that
another
in
matching
with
thy
wife
should
be
enriched
by
thy
trauaile
,
what
should
moue
thée
to
make
that
superstitious
account
of
thy
goods
when
thou
art
gone
?
Were
they
any
longer
thine
,
than
while
thou
hadst
life
&
licence
to
employ
them
?
Thou
must
néedes
knowe
&
acknowledge
besides
thy
daily
experience
,
by
the
verie
Etymologie
and
signification
of
the
word
,
the
true
nature
&
qualitie
of
the
thing
.
These
worldly
goods
are
called
temporall
,
because
they
serue
one
but
for
a
time
,
they
are
termed
transitorie
,
for
that
their
property
is
fléeting
from
one
owner
vnto
an
other
,
they
are
named
moueable
or
currant
,
because
all
their
grace
and
credite
is
in
running
&
remouing
into
diuers
handes
,
according
to
that
rude
and
olde
(
but
yet
true
)
latine
ryme
,
Omnia
mundana
per
vices
sunt
aliena
,
Nunc
mea
nunc
huius
,
post
mortem
sunt
alterius
.
This
worldly
wealth
each
day
doeth
change
Their
owners
as
we
see
,
Nowe
mine
nowe
his
and
after
death
An
others
goods
they
be
.
Then
sithence
thy
wealth
hath
wayted
vpon
thée
all
thy
life
long
,
wouldest
thou
require
the
same
to
rest
at
thy
deuotion
after
thy
death
?
If
that
séeme
impertinent
and
vnprofitable
vnto
thée
then
relinquish
this
care
and
suffer
the
goods
of
this
world
to
haue
their
naturall
course
and
condition
,
which
is
to
be
still
in
exchange
,
passage
,
&
posting
from
hande
to
hande
,
seruing
all
men
,
vt
peregrinationis
viaticum
,
That
is
,
A
pilgrimes
charge
or
defrayment
in
his
iourney
,
Hieronymus
in
Epist
.
as
S.
Hierome
termeth
it
.
And
addresse
thy
minde
to
the
desire
of
such
goods
as
are
neither
temporall
,
transitorie
,
currant
nor
moueable
,
but
perpetuall
,
permanent
,
constant
and
not
only
immutable
but
inestimable
.
But
finally
to
satisfie
the
last
obiection
against
thy
children
,
I
wish
thée
to
looke
backe
vnto
that
I
haue
saide
,
that
thou
mayest
not
for
a
priuate
iniurie
or
displeasure
,
séeme
as
much
as
lyeth
in
thée
to
supplant
and
abrogate
a
publicke
custome
,
to
the
no
lesse
preiudize
than
offence
of
a
great
number
that
haue
interest
therein
.
In
enriching
thy
sonne
,
thou
dost
discharge
the
duty
of
a
naturall
father
towardes
him
,
which
if
he
prodigally
or
wickedly
mispend
or
abuse
,
he
carieth
his
owne
condemnation
and
prooueth
a
wilfull
enemie
to
himselfe
.
The
good
father
mentioned
of
in
the
gospel
,
Luke
.
cap.
15.
who
at
the
suite
of
his
vndutifull
&
disobedient
sonne
,
(
that
wold
néedes
abandon
the
seruice
and
attendance
on
his
father
to
runne
the
course
of
an
extrauagant
libertine
with
lewd
companie
)
gaue
him
a
great
portion
of
his
wealth
,
is
not
any
way
blamed
by
our
Sauiour
for
that
indulgence
,
but
rather
recommended
to
all
posteritie
as
a
true
paterne
of
a
kinde
father
.
S.
Paule
commaundeth
the
father
to
be
well
affected
to
his
children
,
Colloss.
cap.
3
and
no
way
to
discourage
them
.
What
may
bréede
greater
discouragement
or
discontentment
in
any
childe
than
to
sée
himself
by
the
place
of
his
birth
and
the
good
fortune
of
the
citie
intitled
to
the
commoditie
of
a
good
custome
,
and
yet
iniuriously
by
his
owne
father
,
(
whose
affection
should
be
alwaies
occupied
and
earnest
in
procuring
the
good
of
his
children
)
disappointed
of
his
hope
and
defrauded
of
his
right
.
And
as
well
as
some
hauing
iust
cause
of
displeasure
againe
their
sonne
and
childe
,
may
in
this
vnlawefull
and
disorderly
sort
practise
their
reuenge
,
so
may
some
other
inconsiderate
and
wilfull
father
vpon
a
conceipt
taken
against
a
good
sonne
and
of
singular
desert
,
for
that
he
concurreth
not
with
him
in
some
humor
or
disposition
,
most
wrongfully
distresse
and
vndoe
him
by
such
a
president
.
Thus
the
mischiefes
obiected
on
the
one
side
are
light
and
of
small
moment
,
whereas
the
inconueniences
apparant
on
the
other
side
be
manifolde
and
of
dangerous
consequence
.
I
will
not
vouchsafe
to
answere
that
vndiscrete
Sarcasmus
or
bitter
scoffe
that
some
vse
,
We
may
play
our
wealth
at
dice
without
offence
to
the
custome
,
wherefore
shoulde
wee
not
then
dispose
the
same
from
our
wife
and
children
by
our
déedes
of
gift
?
This
amounteth
to
as
much
as
if
a
maried
man
would
say
,
I
may
commit
fellonie
or
treason
,
and
be
attainted
and
hanged
therefore
,
and
then
the
law
giueth
my
wife
no
dower
,
nor
my
heire
no
patrimony
,
then
why
should
I
not
in
reason
vse
my
discretion
with
the
land
without
incumbrance
by
the
one
,
or
iniury
to
the
other
?
Match
these
two
cases
togither
with
iudgement
,
and
thou
shalt
perceaue
they
haue
a
sensible
concurrencie
in
their
addresse
and
application
to
this
purpose
.
It
is
wel
said
by
the
Poet
,
Nil
iuuat
exemplum
quod
litem
lite
resoluit
.
The
example
of
one
wilfull
or
wicked
act
giueth
no
iust
countenance
or
allowance
to
an
other
.
Let
so
much
saide
to
thy
obiections
take
some
place
to
alter
thine
humor
,
or
at
least
be
a
preparatiue
for
thine
owne
reason
in
the
feare
of
God
to
purge
thée
of
the
same
.
But
to
conclude
this
short
discourse
with
one
consideration
of
great
importance
,
I
wish
thée
to
consider
,
that
this
citie
of
London
is
and
hath
béene
happily
preserued
in
this
flourishing
prosperitie
by
the
wise
and
politicke
consent
that
all
and
alwaies
the
particulers
haue
had
to
increase
the
generall
good
estate
thereof
,
thinking
it
their
dutie
as
they
gotte
and
acquired
their
substance
in
this
citie
,
so
also
to
spend
&
defraie
it
in
the
same
:
insomuch
that
whatsoeuer
falleth
from
the
one
commeth
&
groweth
vnto
an
other
,
and
by
alteration
of
priuate
fortunes
(
as
chaunces
&
changes
of
times
do
require
from
one
citizen
to
another
)
the
generall
estate
hath
flourished
and
neuer
wanted
particular
men
of
wealth
&
habilitie
to
sustaine
the
offices
&
functions
of
the
citie
.
Vpon
which
consideration
by
most
laudable
&
auncient
custome
,
the
L.
Maior
and
Senate
of
London
haue
béene
and
are
intitled
to
the
tuition
&
custody
of
young
Orphanes
and
their
goods
,
&
likewise
are
made
acquainted
by
ordinarie
good
meanes
of
inuentories
taken
&
produced
,
what
substance
and
wealth
ech
man
dieth
possessed
of
,
to
the
intent
that
although
that
man
which
by
his
good
trauaile
&
trade
hath
growen
to
be
rich
among
them
,
be
departed
hence
,
yet
his
goods
may
remaine
as
among
his
wife
&
children
in
vse
and
propertie
,
so
to
the
generall
strength
of
this
city
in
account
&
reckoning
.
For
we
often
sée
that
one
rich
mans
wealth
passeth
to
the
increase
of
the
good
estate
of
an
other
citizen
,
either
by
mariage
of
the
widowe
,
or
of
the
Orphane
:
so
that
the
citie
though
depriued
of
a
member
or
inhabitant
,
yet
is
not
destitute
of
such
as
may
discharge
his
employment
and
place
.
Whereas
if
this
pernitious
practise
&
vncharitable
libertie
might
take
roote
by
déedes
of
giftes
&
cautelous
conueyance
to
strangers
,
not
only
the
wife
&
children
may
be
distrested
,
but
also
the
state
of
the
citie
much
weakened
,
&
in
danger
of
a
great
disreputation
and
decay
,
from
that
that
it
hath
béene
and
yet
is
.
For
if
it
be
adiudged
lawefull
in
one
,
of
what
degrée
soeuer
he
be
,
it
is
neither
impossible
nor
vnlikely
that
the
same
will
be
vsed
by
many
,
and
consequently
may
be
practised
by
all
:
which
if
it
befall
,
what
will
become
of
the
happie
condition
of
this
Citie
,
it
is
not
hard
to
coniecture
.
I
meane
not
to
extende
my
speach
to
the
preiudice
of
any
true
debtes
that
a
man
oweth
without
fraud
or
collusion
,
séeing
the
custom
very
prouidently
careth
for
the
discharge
thereof
,
but
my
purpose
is
to
diswade
men
from
euill
example
,
from
insolent
violation
of
good
customes
,
and
from
odious
and
vnséemely
practises
of
deceipt
&
euill
meaning
towardes
their
wiues
and
children
:
Which
perswasion
I
would
wish
al
professors
of
the
Lawe
seriouslie
and
carefully
to
vse
and
enforce
to
their
clients
,
being
citizens
of
London
,
as
in
good
conscience
and
discretion
they
ought
to
doe
.
An
Apostrophe
to
the
reader
,
and
the
motiue
of
this
treatise
.
Blame
not
my
bold
enterprise
(
gentle
Reader
)
nor
reproue
my
simple
censure
herein
presented
vnto
thée
,
which
might
I
knowe
both
for
the
matter
and
manner
of
it
haue
béene
by
any
other
,
and
perchaunce
by
my selfe
more
largely
and
effectually
deliuered
:
if
the
opportunitie
of
my
leasure
might
haue
aunswered
the
qualitie
of
the
argument
which
I
had
in
hande
.
But
fearing
least
I
should
with
too
long
a
discourse
in
so
plaine
a
proposition
bréede
more
lothsomenesse
than
liking
,
I
would
not
,
for
want
of
leasure
I
might
not
,
&
if
I
had
had
time
at
will
I
minded
not
,
séeing
for
any
vrgent
occasion
(
the
error
being
yet
fresh
,
the
practise
rare
and
not
growen
to
an
enormitie
,
I
néeded
not
)
but
in
a
worde
or
two
to
make
thée
acquainted
with
the
cause
that
moued
me
to
addresse
these
fewe
reasons
to
thy
gentle
view
.
So
it
happened
,
that
I
being
in
company
&
conference
with
some
persons
(
though
otherwise
wise
and
well
affected
,
yet
in
this
matter
strangely
conceipted
)
it
chaunced
that
the
lawefulnesse
and
conueniencie
of
this
custome
came
in
question
and
debate
among
vs
,
&
was
by
some
of
them
(
being
men
for
sufficiencie
,
of
great
opinion
,
and
for
countenance
and
credite
of
good
apparance
and
regarde
in
the
citie
)
so
pressed
with
obiections
,
that
the
most
part
of
those
which
were
present
séemed
to
encline
to
that
persuasion
.
Wherefore
least
the
authoritie
of
the
men
might
the
sooner
seduce
the
simple
multitude
vnto
their
error
,
&
for
that
I
thought
it
a
charitable
pollicie
to
preuent
the
peril
in
the
prime
,
before
it
grewe
to
a
festering
sore
or
incurable
euill
,
according
to
the
Poet
Ouids
aduise
,
Principijs
obsta
sero
medicina
paratur
,
Cum
mala
per
long
as
inualuere
moras
.
Withstand
at
first
the
springing
euill
With
medicins
fit
therefore
,
Too
late
it
is
to
take
the
cure
Of
old
and
festred
sore
.
I
thought
good
to
apply
this
simple
resceipt
of
reason
to
the
mindes
of
all
such
as
shall
chaunce
to
be
distempered
by
these
disuasions
:
hoping
that
they
wil
yéelde
me
that
friendly
requitall
of
good
construction
,
which
my
offered
goodwill
may
séeme
to
deserue
:
and
although
I
kéepe
my selfe
vnnamed
,
and
vnknowen
:
it
may
please
them
to
haue
this
opinion
of
me
,
no
more
fauourable
than
reasonable
,
that
he
which
is
well
deuoted
to
the
defence
of
good
customs
,
is
rather
to
be
iustified
in
his
good
meaning
,
than
condemned
or
held
suspected
of
anie
sinister
conceipt
.
FINIS
.