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A29443 A Briefe discourse declaring and approving the necessary and inviolable maintenance of the laudable customes of London namely, of that one, whereby a reasonable partition of the goods of husbands among their wives and children is provided : with an answer to such objections and pretenced reasons, as are by persons unadvised or evill perswaded, used against the same. 1652 (1652) Wing B4579; ESTC R36620 17,189 31

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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 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 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 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 Dic mihi Musa virum captae post temporae Troiae Qui mores hominum multorum vidit urbes The sense whereof may be well expressed in English verse without rime thus All travailers do gladly report great praise of Ulysses For that he knew many mens manners and saw many Cities 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