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A06266 A breefe discourse, declaring and approuing the necessarie and inuiolable maintenance of the laudable customes of London namely, of that one, whereby a reasonable partition of the goods of husbands among their wiues and children is prouided: with an answer to such obiections and pretensed reasons, as are by persons vnaduised or euil persuaded, vsed against the same. 1584 (1584) STC 16747; ESTC S108799 17,003 50

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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 alteratiō 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 frō 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 frō euill example from insolent violation of good customes and from odious and vnséemely practises of deceipt euill meaning towardes their wiues and children Which perswasiō 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