WE finde it necessary in all common-wealths, for subjects to live under the direction of Lawes, constitutions or customes publick­ly known and received, and not to depend onely upon the commandement and plea­sure of the governour, bee the same never so just or sin­cere in life and conversation. For that the Law once enacted and established, extendeth his execution to­wards all men alike without favour or affection: whereas if the word of a Prince were a Law, the same being a mortall man, must needs be possessed with those passions, and inclinations of favour or disfavour that other men be: and sometimes decline from the constant and unre­moveable levell of indifferency, to respect the man be­sides the matter, if not to regard the person more then the cause. Wherefore it was well agreed by the wisest Philosophers and greatest Politicks, that a dumb Lawes direction is to be preferred before the sole disposition of any living 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 treat of the validitie and inviolable observation of some lauda­ble (I might term them sacred) customes, being the prin­cipall joynts, and very sinews of all good Corporations and Fellowships, and being also the maintainers of a sa­cred [Page 48]unity and naturall amity between the husband and his wife, the parents and their children, which (as Ari­stotle the wise Philosopher termeth it) is the beginning of a City. For what is a City but a manifold and joynt society consisting of many housholds, and living under the same Lawes, Freedomes and Franchises? so I must needs confess them to be the procurers and causes of sundry good effects to the generall estate of the City wherein they be observed: as of the other side they may breed sundry inconveniences in such a City where the same are violated and broken with allowance and impu­nity. I will therefore shortly shew the nature of a cu­stome, and the difference which it holdeth from a pub­lick Law. And next I will declare how necessary the same are to manage the government, and to entertain the prosperity and traffique of this City: and namely that one good custome which I intend to speak of. Last­ly, I will endevour to answer those pretensed reasons, and colourable objections made against the precise mainte­nance and defence thereof.

First then I suppose that a custome which justly de­serveth that name, is of no less reverent regard and au­thority then a written Law, passed and allowed in Parlia­ment: which notwithstanding I do grant that there are certain differences between a Law and a custome: for the custome taketh his force by degrees of time, and con­sent of a certain people, or the better part thereof, but a Law springeth up in an instant, and receiveth life from him that is of soveraign authority to command. A cu­stome enlargeth it selfe by plausible entertainment, and acceptable circumstances of time and occasion, with ge­nerall liking and allowance, whereas a Law is com­manded [Page 49]and published by power and received by duti­full constraint, and that often against the good will of them that are bound by it, for which cause Chrysostome not improperly compared the Custome to a King, and the Law to a Tyrant. Moreover the custome doth nei­ther promise a reward for observation, nor inflict a pu­nishment for violation thereof: whereas the Law al­wayes importeth either a consideration of gain, or a terrour of punishment or damage, if the same be not a Law of enlargement or permission that disanulleth the prohibitions of a former Law. Finally a custome is applyed to the commodity of some one province, cir­cuit or City, and grounded upon a speciall reason of con­veniencie or commodity, See 34 H. 8. B. cu­stome, 59. A man may not prescribe or plead a custome per totam Angliam, for that is common Law and no custom otherwise if the cu­stome had been plea­ded to be in such a City or County, as Gavelkind Gl [...]t. Fee and such like. Borough­english. for those persons or place where it is observed: whereas the Law hath a generall reason, extended to the whole Nation bound by the same, without private consideration of the due impor­tances of any peculiar place or people. Therefore it is well said, and put in ure by the common Lawyer, Quod consuetudo ex rationabili causa profecta privat communem le­gem, That a custome grounded upon reasonable and honest consideration abridgeth or altereth the judge­ment 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 quality of such people, are to be allowed. For example; the custome of Boroughenglish, yet in force in sundry places of England, whereby the youn­ger sonne is to inherite his fathers land, hath taken strength by this reason, that the father may (if he be not careless and secure to do his children good) train up his elder Sons in some good Trade or Occupation by which [Page 48]they may be able to get their own living: whereas the youngest, by the impotency and tenderness of his yeers, may be perchance unapt and unable for such instruction. And so the Custome commendable that provideth for the reliefe of the young and impotent. Also by an old custome of this Land, in sundry Boroughs and Towns, Lands were devisable by Will, though the Lawes of England pronounced such devises to be void; But see now the Stature of 32 H. 8. c. 2. and 34. H. 8. c. 5. of Expla­nation. and the reason was, for that inhabitants of Boroughs or Cities, whose traffique and Trade resteth much upon mutuall trust and credite, are oftentimes indebted at the time of their death. Wherefore it was thought meet, that they might devise their land for the due satisfaction of their creditours, which to do, they were enabled by the cu­stome. In Kent and other places of this land, the cu­stome of Gavelkinde is maintained, which importeth an equall division of the inheritance to be made among all the brethren: a custome partly grounded upon a naturall consideration, for that all the Sonnes hold the like ob­ligation of nature and desert with their Parents, in the which they have an equall interest: and also suffered to take place in Kent, and other places of this Land, in those dayes most inclinable to rebellion, to the intent to en­feeble their forces, and to bring their great houses and families to impuissance and decay, thereby to disable and discourage them from such unlawfull and violent at­tempts.

And to come neerer to the matter, this famous and renowned City of London hath many laudable and anci­ent customes: which though they derogate and differ much from the rules of the common Law, yet have they been not onely approved by inviolate experience of sun­dry [Page 51]ages, but also have been of old ratified and confirmed by sundry Acts of Parliament, & Charters of Princes, and namely by the Statute of Magna Charta, Magna Charte. ca. 9. by these words following, Quod civitas London habeat omnes libertates suas antiquas & consuetudines quas habere consuevit, which is, That the City of London have all their ancient liberties and customes which they have used to have. The words following for other Cities, &c. be, Quod habeant omnes libertates & liberas consuetudines suas, which signifieth, that they shall still retaine their liberties and free customes, that is to say, their freedomes and immunities, as to bee discharged of toll, pontage, and such like: Whereas the City of London hath provision made by that estatute, for all usages and customes whatsoever. Verily as the City of London beareth oddes, and prerogative over other Ci­ties in Engl. being the Metropolis or mother City there­of, so are the inhabitants of it no less necessary then pro­fitable members of the Commonwealth, in transport­ing our commodities into other lands, and enriching us with the benefits and fruits of other countries. The Ci­ty of Rome, and Citizens of the same had that preroga­tive as in other things, so also in their executions for causes capitall, that they should not be crucified, being a death of great torment and infamy, but onely beheaded. The benefit of which custome Saint Paul claimed and ob­tained in the time of Nero: pretending that hee was a Citizen of Rome. The said Citizens also by the dignity and reputation of their City were not for any transgres­sion or offence to be fettered, whipped, or scourged, which priviledge likewise the said Saint Paul took hold of, who being oppressed by the calumnious accusations and outcries of the Jewes, was by commandement of [Page 52] Claudius Lysias the Captain to be examined by torture of whips, Acts. 22. what was the cause of that generall murmure and exclamation of the people against him: yet Saint Paul by alleaging that hee was a free man of Rome, not onely delivered himselfe from the injury and rage of the people, but also made the Captain much afraid of que­stion or punishment for the indignity offered unto him, so great was the Majesty of that City, and so reverent the reputation of all such as were accounted members thereof. Athenaeus termed Rome in those dayes very fitly, Epitome totius orbis, an abridgement of the whole world, for the continuall concourse and resort of all Na­tions thither. We may derive thence an argument for our purpose, that London being worthy that title, Epi­tome totius Angliae, in respect of the necessary repair and frequent assembly of all estates therein, whether it be for Justice by the Lawes of this Land, which are here admi­nistred, or by trade of marchandise, which is here so great that it may bee termed totius occidentis emporium: and chiefly because of the favourable and often sojorn of our most royall and gracious Soveraign, whose Majesties chamber this is as it alwayes hath been of her most noble progenitors: the same is no less worthy of sundry prehe­minences which by Custome and Charter it enjoyeth a­bove other Cities of this Land.

We finde in our Law Books, that the Scholers of Ox­ford claimed a priviledge by custome, 43 E. 3. fo. 17. Vide Brook, Preser. 8. to have prefer­ment of any house or lodging, that was to be let in the City of Oxford, and the same was allowed in the Com­mon place in Westminster, where Justice Finchden a man of great reckoning at that time said, that it is reason that they which are principall Instruments of great good in [Page 53]the Commonwealth, should have beneficiall customes for the maintenance of their societies: the like reason (saith he) serveth for the Merchants of the staple in West­minster, and also for the Justices of Assises, or Justices in Eyre, to have the like prerogative. Also it is not un­fit to remember, that the Barons of the Land have di­vers prerogatives above other subjects, that is, they shall not be sworn when they pass upon their Peers, and if they bring an appeal, the defendant shall not wage battaile against them, and they are exempted out of all returnes in Juries, and shall not be sworn in Leets, and all in respect of their dignity, and for the necessary use of them in government of the Commonwealth. So that persons of needfull employment in the estate, have al­wayes been favoured in all their honest customes or pre­scriptions, and especially the Citizens of London, and the rather for the great presumption and opinion con­ceived of their experience, who being trained by hard education, in great use of service and affairs: and also by their travaile and traffique beyond the Seas, by conti­nuall negotiation with other Nations must needs (by all reasonable likelihood) procure unto themselves great judgement and sufficiency, to manage a politick Regi­ment in their City, according unto that verse of the Poet Homer in the beginning of his Treatise of wise Ulysses his adventures remembring his travaile into sundry Nati­ons and Cities.

The sense whereof may be well expressed in Eng­lish verse without rime thus:

Which opinion of their policy and experience con­ceived and approved by the noble Princes of this Land in all ages doth evidently appear by the manner of their government, whereat strangers do no less envy then ad­mire seeing so populous a City, containing by true esti­mation more then 500 thousands of all sorts of Inhabi­tants, managed not by cruell Viceroyes, as is Naples or Millain, neither by proud Podestà, as be most Cities in Italy, or insolent Lieutenants or Presidents, as are sun­dry Cities in France, (whose Presidents are noble men or Captaines, having their persons environed with a guard of Souldiers, and holding their Cities possessed with a Garrison, as well in the quietest calm of peace, as in the hottest combustion of war:) but by a man of Trade or a meer Merchant, who notwithstanding, during the time of his Magistracy, carrieth himselfe with that honourable magnificence in his port, and ensignes of estate, that the Consuls, Tribunes or Pretors of Rome, (namely, when as the same was reduced to a Monarchy) much less the Podestà of any City in Italy, never bare the like represen­tation of dignity, and that not onely in peaceable seasons but in time of greatest warre: for such credit the Prin­ces of this Land have still reposed in their fidelity and wise direction, that we have few examples in any Chro­nicle of any noble man or other appointed to assist the Lord Mayor in his government, much less to be sole Ruler or Lieutenant for the time, were the state never so troublesome, and the affaires of never so great conse­quence and importance.

And to adde a little more in proofe of the singular [Page 55]good conceipt had of their service to the Common­wealth, and that the same hath in all ages from the Con­quest given them prerogative above other Cities of this Land, 7 H. 6.32. we read in the vii. yeer of Henry the vi. that in nativo habendo brought by the Lord to recover his vil­lain, it was adjudged a good return made by the Sheriffe of London, that such was the Custome of London, that a villain having remained there the space of one whole yeer and a day, could not bee fetched or removed out thence. For so great is the prerogative of that place, that it giveth protection to the villain or bondman a­gainst his Lord, while the said bondman shall be resiant there. Likewise it was taken for a good custome in the City of London, that no attaint should be maintained for a supposed false verdict given in that City. 7 H. 6.32. and the same case was ad­judged in 2 E. 3. In the which case the Sheriffe of London made return upon a writ of attaint sued against a Londoner, that such was and had been alwayes the custome of the City, that no at­taint should be allowed against any Commoner or other Citizen of the same, for which cause he might not salvis libertatibus without impeachment of their liberties, serve or execute the writ. Then was there a writ directed out of the Chancery to the Justices of the Kings Bench with express commandement to allow to the Mayor, Sheriffes and Citizens all their liberties, immunities and customes, and further out of that writ was a Venire facias directed to the Mayor and Sheriffes, whereby was day given them to come and make declaration of their cu­stome, at which day the parties plaintiffe and defendant being present, the Mayor and Sheriffes had full allow­ance of their customes, the Sheriffes were holden excused for their return, and the parties writ was abated, and [Page 56]himselfe punished by imprisonment for his vexation. I have here at large remembred this case, to the end it may appear both what credit and opinion of conscience and truth, the Law ascribed to the Citizens of London, and also how carefull and vigilant the Mayor and She­riffes have alwayes been to preserve and uphold their cu­stomes, although sithence that onely custome was for especiall causes abrogated by the Statute of 11. 11 H. 7. c. 21. H. 7. and an attaint given in London. Moreover, we finde it re­corded in M. 2. E. 3. that whereas a Citizen of London brought an appeal of Robbery, M. 2 E. 3. cor. pl. 157. and the defendant would have tryed his innocency by battail, as he may in sembla­ble case against another man, Wilby then Justice answer­ed him, that he was not to have allowance of battaile in an appeal commenced by a Citizen of London, for that by custome of their City they were exempted from it. The like appeal was sued P. P. 20 E. 3. cor. pl. 125 20. E. 3. wherein the defen­dant made offer of the same Triall. And although hee that sued the appeal, would have joyned battaile without regard of this franchise, the Lord Mayor with the rest of the Corporation sued a writ out of the Chancery, recit­ing their custome or franchise, and prayed allowance of it in disturbance of the battaile. 20. E. 3. Coron. 125.

If a free man or free woman of London be committed to Ludgate, they are to be excused from the ignominy of Irons, if they can finde sureties to be true prisoners, and if the sum be not above an hundred pounds. Upon the like reason is that custome established for the liberall and milde imprisonment of the Citizens in Ludgate, where­by they have indulgence and favour to go abroad into a­ny place by Baston as we term it, under the gard and su­perintendency of their Keeper, with whom they must [Page 57]return again to the Prison at night: a custome verily, though quarrelled with by some, and supposed to be the hinderance and delay of Justice, and oftentimes a mean to defraud men of their true debts and executions, yet the ground thereof being well examined, it wanteth not a sound maintenance in the course of reason (as I think.) For the prescription or custome is but a mitigation of the extremity of their imprisonment, serving rather for the expedition of their discharge, and speedy satisfaction of their creditours, then for any other purpose: so that this scope and licence in proper construction and sense of Law, cannot be termed an enlargement or liberty. For to remain in the materiall Prison in the night, and to go forth out of the same in the day, under the restraint and controll of a continuall Keeper, is alwayes an imprison­ment, though exercised with greater mildness and leni­ty. And divers causes there are to warrant the same in London rather then in other places: the one is for that the City of London standeth chiefely upon the traffique and intercourse of Merchants, and the use of buying and sel­ling of their sundry commodities, which is not alwayes performed by themselves, but by their factours and ser­vants, and oftentimes one factour or agent serveth the turn of many Merchants, whereby hee is pressed to sun­dry and severall accounts. Wherefore to the end the prisoners may enform themselves upon their mutuall reckonings, both what they owe, and what is due unto them, and also that upon conference and account with their agents returning from other countreys, they may be made acquainted with the increase of their adven­tures or commodities, it is necessary they should have places of meeting, which will not be so convenient in a [Page 58]close prison, the same being no place of assembly or free accesse (especially it being no common duty in the Gaoler to permit any person to come among his priso­ners for any such occasion) and if the Gaoler were bound to endure and suffer such common and voluntary repair unto his prisoners: yet will it be no fit place for Mer­chants to treat and negotiate their causes, which cannot be well determined without their Books of accounts, and witnesses of their contracts, and oft must the same bee decided before the Masters of their Trades or Compa­nies. So that this custome made in furtherance of mutu­all accounts, Vide 4 E. o. com. 36. doth very much enable the prisoner to procure his liberty and pay his debt. Also if the priso­ner be poor and of himselfe unable to pay, this tolerati­on of their going abroad with the Keeper, is a good meane for him to procure the Alms, and reliefe of other charitable people, thereby the sooner to purchase his li­berty. Whereby it appeareth what reckoning the Law maketh of them, in consideration of their great hazzard by Sea (through danger of shipwrack or piracy) and ad­venture in strange Countreys (by falshood and negli­gence of Factours) or by wars between Princes, the in­conveniences and mischiefes whereof, are not so offen­sive or prejudiciall to any, as to Merchants, whose con­dition as it may by a fortunate voyage be much enriched and advanced: so may it by any of the mischances aforesaid, be so empaired and overthrown, that it may turn himselfe, his wife, and family to utter calamity and distresse. Therefore as the hope and comfort of the wife (having commonly no assurance of joynture in the City, nor expectation of dower as other women have) and also of the children (being for the most part born to no great [Page 59]patrimony, other then that which their fathers shall by their vertuous industry acquire) doth onely depend up­on the fortune of their husbands or fathers travaile, it hath laudably and conscionably been observed for a cu­stome, and is yet by the wiser and better sort religiously regarded that when any Citizen of London dyeth, his wife shall have the third part of his goods, and the chil­dren another third part, equally to be divided among them, according to the proportion of his goods, and himselfe another third part to dispose by his last Will and Testament at his pleasure. A partition so reasona­ble and grounded upon so good consideration, (the qua­lity and estate of the Londoners considered,) that if it were not approved by custome, but to be proposed in the wisest and highest Court of Parliament, whether it were fit to have the force of a Law, I think no man (unlesse he were a Timon by nature, or a Diogenes by disposition) no man I say possessed with common humanity would gain­say or impugn it. Doth not the common Law now in force give the husband presently by the intermariage, all the goods and chattells of his wife, though the same bee of the value of 10000 pounds, so that when shee is once his wife, the Law disableth her to give or dispose any thing that was hers before? And shall not the husband be bound by semblable Obligation of reason to leave his wife the third part of his goods, and if the Law be in that respect defective (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 uncharitable or cautelous, and unkinde practises by deed of gift, or otherwise, shall disappoint or defraud the same: especially here in London, where the good estate of men, [Page 62]for the most part consisteth in movables, by reason of their continuall Trades and Exchanges, so that their wives cannot assure themselves of their dowry common­ly called thirds, as they might if their husbands were seis­ed of Lands in Fee-simple. Also the comfortable socie­ty between husband and wife, is of that pretious estimate and honourable reputation before God and man, that there may not possibly a more sacred and strait conjun­ction be imagined among the children of men. Charon­das the Philosopher calleth them Homosipios, which signi­fieth, fed with the selfe same food. And Epimenides a­nother Philosopher calleth them Homocapnos, which is as much to say, as using the selfe same smoke, and the selfe same manger, and as it were drawing the selfe same breath. Finally, the Scripture giveth expresse charge to each man to tender his wife with extraordinary good of­fices by saying, Matth. ca. 19. Mark. cap. 10. 1 Cor. ca. 7. Ephes. ca. 5. Thou shalt leave thy Father and Mother, and cleave to thy wife. If the force of custome did not enforce the matter, these onely considerations were suf­ficient to prove, that there should be nothing private, nothing peculiar, nothing proper, but every thing in common, every thing equally interested between the husband and the wife. The like though not equall affe­ction is commanded by the Apostle to the Col. 3. by the Fathers towards their children. You fathers be tender and loving unto your children, and discourage them not.

But let us see what account our common Law hath made of the like customes, founded upon the love and af­fection between man and wife. It was used of ancient time in Gavelkinde Land, and hath received the allow­ance and judgement of a good and lawfull custome, 8 H.M. 3 Pres. 60. that if the husband be attainted and executed for a Felony by [Page 63]him committed, 8 E. 2. It in can. Preser. 50. yet shall his wife for the solace of her losse and desolation have her dowry of his Land, and also the heire shall inherite the same according to that old saying: P. 35 H. 6.58. The Father to the Bough, & the Son to the Plough: al­though the common law by rigorous imputation to make man more fearfull to offend in crimes of such quality, extendeth the punishment though not to the persons of the wife and children, yet to their fortune so farre as it may turn to their utter impoverishment and discomfort.

In the City of York there is a custome, that the husband may enfeoffe his wife of such Land as he shall purchase, which though it bee against the rule of the common Law (which disableth the husband to convey any Land to his wife) by feoffement or deed, 12 H. 3. Pres. 6.1. yet by force of the custome it was adjudged to be lawfull and effectuall. Al­so the custome of many places in England is, that the wife shall enjoy the whole Land of her husband in name of her dowry, as it appeareth by M. Litt. himselfe, Litt. ti, Dower. and the husband cannot by any cautele or devise defeat her there­of. And in some other Countries they have the moity or tone part, and generally by the common Law the third part. In Northwales the custome is so beneficiall for wives, (that although they be sure of their thirds of such Land as their husbands shall chance to be seised of at any time during the mariage) yet are they to have the moity or tone part, not onely of his goods and movea­bles, but also of his Leases, be the terms thereof never so long. 14 Eliz. Not many yeers ago the custome of Taundean was alleaged and allowed by the Court of the Kings Bench, that the husband or wife whether so ever of them did happen to over-live should have the inheritance or Fee-simple Land of the other by survivor, a custome ve­rily [Page 62]neither contrary to reason nor repugnent to Religi­on, as no well disposed or good husband can deny, when he entreth into consideration of those holy duties and good observances that are commended and commanded in holy Scripture. Read the Epistle to the Ephes. ca. 5. If then these customes bear sway in sundry places, and are publickly approved by judiciall sentences, what Citizen will be so senselesse, what Lon­doner so loose; what Merchant or other free man so in­considerate; and unregardfull of his own good estate, and so ready to defile his own nest, as once to attempt or practise the violation or breach of so good a custome? What is he who seeing the Estate of London is preferred before other Cities of the Land, by the benefit and means of their most profitable customes, that will give a dangerous example to abrogate the same, and to call their usages in question? A custome, if it have been once notoriously discontinued, or interrupted, loseth the title and appellation of a custome, and by instance given of the time when it was disused lacketh a great part of his au­thority. Then unnaturall or at least wise unadvised is that Citizen which to serve his private humour bringeth a generall custome either into question by his fraud, See before in the case of Robbe­ry, how carefull the City was to a­void this danger and to preserve their cu­stome, and and in the case of the attaint be­fore 7 H. 6, &c. 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 City by their Coun­fell in her Majesties Courts of Westminster, claiming the benefit of their customes, may be encountred and con­fronted, with a counter plea given by themselves, that such of their own Aldermen and commons have by their deeds and devises either disaffirmed or disanulled the same. A practise as of great condemnation in them that do it, so no doubt of great oversight and incircumspecti­on in them that suffer it.

But somewhat to satisfie the idle cavils pretended to the contrary, saith some one, is not the generall Law of England sufficient to manage the government of Lon­don as well as of all other Subjects, but that Londoners must have private customes and usages of their own? This objection made by the enviers or enemies of the wealth of London (howsoever they make shew to the con­trary) rather deserveth a hisse then a reply, and is suffi­ciently confuted in the former discourse.

But it is further urged by some hard husbands, My wife is froward and undutifull, and hath not deserved it. Shee is a fool and cannot rule it. She will marry again, and enrich some other with the fruit of my travaile. Wherefore I think it necessary to abridge her of that liberality which the custome doth extend. Also my chil­dren be evill enclined, disobedient or untractable, or some of them be. Wherefore I may with reason deprive them of the benefit of this custome. First to answer the undutifulness, I wish thee whosoever thou art to sum­mon and convent thy selfe to the tribunall seat of thy inward minde, as Saint Augustine saith, Aug. in lib. confess. and to make con­science thy Judge, thy cogitations the Witnesses, thy actions the accusers, thy memory the register or record to give in evidence: 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, (as Saint Paul saith) or provoke her to impatience which the same Apostle forbiddeth in these words, 1 Corinth. ca. 7. Col. ca. 3. You husbands be loving to your wives, and no way be bitter unto them. Peter E­pist. 1. ca. 1. Which also S. Peter remembreth in advising husbands to dwell with their wives sincerely and according to know­ledge in doing honour unto them as to the weaker Ves­sell. [Page 66]Let it I say be examined in the consistory of thy conscience whether thou either by thy fault wittingly, or negligently by thy default, or by thy unkindness undu­ly, hast caused her being the weaker vessell to bee the more intolerable. If thou find thy selfe condemned by thy conscience, let remorse be thy executioner, and a­mendment with kindness towards thy wife be thy pe­nance: but if thou finde thy selfe guilty of no want of af­fection, love or good carriage of thy selfe towards her, so that her undutifulness proceeded of her selfe: yet I pray thee remember the benefits which God hath given thee by her means, whether they be gifts of fortune in bet­tering of thy estate, or eschewing of sin, by her lawfull and comfortable company, or the blessing of children, a soveraign good in this world, thy children being the monuments of thy life and being upon earth, and the re­payrers of thy decay. And let these favours and graces enjoyed by her company cover and countervaile her o­ther imperfections whatsoever. Follow therein the ex­ample of the wise Socrates, who being demanded how he could endure the continuall scolding and vexation of his wife Xantippe, likewise asked of the other why he suffer­ed the cackling and unpleasant noise of Hens and Tur­keyes in his house, Because said the other they lay Egges and breed Chickens for me: and so said Socrates Xantippe beareth me Children, which good turn alone covereth and dispenseth with infinite defects. Callicratides the Athenian being demanded why hee a man so nobly de­scended, but having matched with a base Thessalian wo­man, yet by his last Will bequeathed unto her all his sub­stance, leaving his other friends and kinsfolkes unregar­ded: because (said he) she is my wife, meaning that shee [Page 67]who was by his judgement and choice made worthy to be his wife, should bee unworthy of nothing that was his. Which may also satisfie that second point of supposed folly in the wife, & want of discretion to marshal so great a proportion of wealth, as the custome will give her. Wherefore wouldest thou mary with a fool, if thou thoughtest her unworthy of the rights of mariage? then seeing thy choice hath estopped thy Testimony of her folly, thy duty towards thy wife shall binde thee to fa­vour and conceale her weakeness, and to perform that which the custome pronounceth to be convenient. It can­not be evill bestowed upon her, whose right by custome demandeth it, and whose estate and imperfections have need of it, whereas if the husband may be permitted by this colour to defeat his wife, many inconveniences and disorders might ensue.

First a generall custome, Leges se accommo­dant ad ea quae fre­quentius non quae raro acci­dunt. Bartolus. which is as also a generall Law, never provided for such rare accidents as seldome fall in experience, but for things that ordinarily and com­monly happen, should be broken, to the generall scan­dale and offensive example of all through the inhability of one, which were a thing unreasonable. Likewise then might husbands, (if that were admitted for a just allega­tion) easily devise and publish that or some other imper­fection to be in their wives, and thereby bereave them of their right. No more then it is a just counterplea or barre to a womans dower to alleage that she is a fool, no more is the imputation of such simplicity honest and sufficient to exclude her from her Portion. No it is well said and maintained for a Maxime in the Common Law, Better it is to suffer a mischiefe then an inconvenience. Lesse harmfull and hatefull it is for a man to swallow [Page 66]twenty of these light offences, and to digest sundry of these pretensed scruples, then by violating of a custome no lesse common then commendable to leave to posteri­ty an odious memory and obloquie of his name.

The last objection against wives is no lesse ridiculous then Tyrannicall, grounded upon an unjust desire to re­strain them from mariage. Mariage is an honourable Ordinance of God, fit and necessary for all persons dis­posed thereunto, to the avoiding of sinne, and mainte­nance of a comfortable and sociable Christian life. To restrain or prohibit the same either in maides or widows, (as Saint Paul saith) is the doctrine of divells. Tim. ep. 1. ca. 4. 43 E. 3.6. And to indent or condition with any that he or she shall not ma­ry, is a condition limited against Law, and by the same pronounced unlawfull and unreasonable. Make it thine own case, admit thou didest match with a wealthy wife, whose furniture and riches hath increased thy Estate, if God should call for her, wouldest thou in a kinde memo­riall of the benefits attained by her meanes, make thy selfe a votary to live unmaried? Do those which mary great Heires being women, and after their wives deaths enjoy their whole inheritance by the curtesie of England, making their wives heires to expect during their lives, take it for any matter of conscience or scruple to mary again? Unlesse it be in some place where the force of the custome and the benefit of the living joyned together work a contrary resolution in some husbands: which cu­stome annexed to Gavelkinde Lands in Kent and other places is of this quality, 16 E. 3. aid 129. 19 E. 3. aid 144. that the husband shall after the decease of his wife be Tenant by the curtesie of her land as long as he remaineth unmaried, whether he have issue by her or not: but upon his next mariage shall utterly [Page 69]forgo all his interest therein. A custome therefore the lesse unreasonable because the restraint of mariage of the one side is countervailed by the beneficiall favour of the other side to have the land by the curtesie without issue, and also for that hee is to deprive the next Heire of his wife, who perchance hath been maried with him but few moneths or dayes, of the profit and commodity of the whole Land during his life. But chiefely because it is a custom grounded and grown in continuance to such reli­gious observation and regard, that it seemeth an offence of conscience to infringe it. But in our case sithence there is neither custome nor conscience to warrant thy will, why shouldest thou then seem to quarrell with the law­full liberty of thy wife, if she survive thee, she being weak by kinde and education, and thereby lesse able to direct her occasions, and govern her estate without a compani­on and coadjutor? no, on Gods name referre her to her own choice and conscience therein, and make it no pre­tense and colour to abridge her of her right, because shee seemeth inclinable unto that, which God hath ordained, and all men and women do embrace. As to the fear and suspicion pretended, that another in matching with thy wife should be enriched by thy travaile, what should move thee to make that superstitious account of thy goods when thou art gone? Were they any longer thine, then while thou hadst life and licence to employ them? Thou must needs know and acknowledge besides thy daily experience, by the very Etymologie and significa­tion of the word, the true nature and quality of the thing. These worldly goods are called temporall, be­cause they serve one but for a time; they are termed transitory, for that their property is fleeting from one [Page 70]owner unto an other; they are named moveable or cur­rent, because all their grace and credite is in running and removing into divers hands, according to that rude and old (but yet true) Latine rime.

Then sithence thy wealth hath waited upon thee all thy life long, wouldest thou require the same to rest at thy devotion after thy death? If that seem impertinent and unprofitable unto thee, then relinquish this care and suf­fer the goods of this world to have their naturall course and condition, which is to be still in exchange, passage, and posting from hand to hand, serving all men, ut pere­grinationis viaticum, Hierony­mus in E­pist. That is, A Pilgrims charge or defray­ment in his journey, as Saint Hicrome termeth it. And address thy minde to the desire of such goods as are nei­their temporal, transitory, current nor moveable, but per­petuall, permanent, constant, and not onely immutable but inestimable.

But finally to satisfie the last objection against thy children, I wish thee to look back unto that I have said, that thou mayest not for a private injury or displeasure, seem as much as lyeth in thee to supplant and abrogate a publick custome, to the no lesse prejudice then offence of a great number that have interest therein. In enrich­ing thy Son, thou dost discharge the duty of a naturall fa­ther towards him, which if hee prodigally or wickedly mispend or abuse, he carryeth his own condemnation and [Page 71]proveth a wilfull enemy to himselfe. Luke 2.25. The good father mentioned in the Gospell, who at the suite of his un­dutifull and disobedient Son, (that would needs abandon the service and attendance on his father to run the course of an extravagant Libertine with lewd company) gave him a great portion of his wealth, is not any way blamed by our Saviour for that indulgence, but rather recom­mended to all posterity as a true Pattern of a kind father. Saint Paul commandeth the father to be well affected to his children, and no way to discourage them. Col. c. 3. What may breed greater discouragement or discontentment in any childe, then to see himselfe by the place of his birth, and the good fortune of the City intitled to the commodity of a good custome, and yet injuriously by his own father, (whose affection should be alwayes occu­pied and earnest in procuring the good of his children) disappointed of his hope & defrauded of his right. And as well as some having just cause of displeasure against their Sonne and childe, may in this unlawfull and disorderly sort practise their revenge, so may some other inconsi­derate and wilfull father upon a conceipt taken against a good Sonne and of singular desert, for that he concur­reth not with him in some humour or disposition, most wrongfully distresse and undo him by such a president. Thus the mischiefes objected on the one side are light and of small moment, whereas the inconveniences ap­parent on the other side be manifold and of dangerous consequence.

I will not vouchsafe to answer that undiscreet Sarcas­mus or bitter scoffe that some use, We may play our wealth at dice without offence to the custome, wherefore should wee not then dispose the same from our wife and children by our [Page 72]deeds of gift? This amounteth to as much as if a maried man would say, I may commit felony or treason, and be attainted and hanged therefore, and then the Law giveth my wife no dower, nor my heire no patrimony, then why should I not in reason use my discretion with the Land without incumbrance by the one, or injury to the other? Match these two cases together with judge­ment, and thou shalt perceive they have a sensible con­currency in their address and application to this purpose. It is well said by the Poet.

The example of one wilfull or wicked act giveth no just countenance or allowance to another. Let so much said to thy objections take some place to alter thine hu­mour, or at least be a preparative for thine own reason in the fear of God to purge thee of the same.

But to conclude this short discourse with one consi­deration of great importance, I wish thee to consider, that this City of London is and hath been happily pre­served in this flourishing prosperity by the wise and po­litick consent that all and alwayes the particulars have had to increase the generall good estate thereof, thinking it their duty as they got and acquired their substance in this City, so also to spend and defray it in the same: in­somuch that whatsoever falleth from the one commeth and groweth unto another, and by alteration of private fortunes (as chances and changes of times doe require from one Citizen to another) the generall estate hath flourished, and never wanted particular men of wealth and ability to sustain the offices and functions of the City. Upon which consideration by most laudable and antient Custome, the Lord Maior and Senate of Lon­don [Page 73]have been and are intitled to the tuition and custody of young Orphans and their goods, and likewise are made acquainted by ordinary good means of inventaries taken and produced, what substance and wealth each man dyeth possessed of, to the intent that although that man which by his good travaile and Trade hath grown to be rich among them, be departed hence, yet his goods may remain as among his wife and children in use and property, so to the generall strength of this City in ac­count and reckoning. For wee often see that one rich mans wealth passeth to the increase of the good estate of another Citizen, either by mariage of the widow, or of the Orphan: so that the City though deprived of a member or inhabitant, yet is not destitute of such as may discharge his employment and place. Whereas if this pernicious practise and uncharitable liberty might take root by deeds of gifts and cautelous conveyance to strangers, not onely the wife and children may be di­stressed, but also the state of the City much weakened, and in danger of a great disreputation and decay, from that that it hath bin and yet is. For if it be adjudged law­full in one, of what degree soever he be, it is neither im­possible nor unlikely, that the same will be used by ma­ny, and consequently may be practised by all: which if it befall, what will become of the happy condition of this City, it is not hard to conjecture. I mean not to extend my speech to the prejudice of any true debts that a man oweth without fraud or collusion, seeing the cu­stome very providently careth for the discharge thereof, but my purpose is to disswade men from evill example, from insolent violation of good customes, and from o­dious and unseemly practises of deceit and evill meaning [Page 74]towards their wives and children: Which perswasion I would wish all professors of the Law seriously and care­fully to use and enforce to their clients, being Citizens of London, as in good conscience and discretion they ought to do.

Blame not my bold enterprise (gentle Reader) nor reprove my simple censure herein presented unto thee, An Apo­strophe to the Reader, and the motive of this Trea­tise. which might I know both for the matter & manner of it have been by any other, and perchance by my selfe more largely and effectually delivered: if the opportunity of my leasure might have answered the quality of the argu­ment which I had in hand. But fearing lest I should with too long a discourse in so plain a proposition breed more lothsomness then liking, I would not, for want of leasure I might not, and if I had had time at will I mind­ed not (seeing for any urgent occasion, the error being yet fresh, the practise rare and not grown to an enormi­ty, I needed not) but in a word or two to make thee ac­quainted with the cause that moved me to addresse these few reasons to thy gentle view, So it happened, that I being in company and conference with some persons (though otherwise wise & wel-affected, yet in this matter strangely conceited) it chanced that the lawfulnesse and conveniency of this custome came in question and de­bate among us, and was by some of them (being men for sufficiency, of great opinion, and for countenance and credite of good apparance and regard in the City) so pressed with objections, that the most part of those which were present seemed to encline to that perswasion. Wherefore lest the authority of the men might the soo­ner seduce the simple multitude unto their error, and for [Page 75]that I thought it a charitable policy to prevent the perill in the prime, before it grew to a festering sore or incura­ble evill, according to the Poet Ovids advise,

I thought good to apply this simple Receipt of reason to the minds of all such as shall chance to be distempered be these disswasions: hoping that they will yeeld me that friendly requitall of good construction, which my offer­red good will may seem to deserve: and although I keep my selfe unnamed, and unknown, it may please them to have this opinion of me, no more favourable then reason­able, that he which is well devoted to the defence of good customes, is rather to be justified in his good mean­ing, then condemned or held suspected of any sinister conceipt.