A73175:315
Six sermons preachedSixe sermons preached
Six sermons preached by Master Henry Smith at Clement Danes Church without Temple bar. With two prayers of the same author hereunto annexed.Sixe sermons preached by Maister Henry Smith at Clement Danes Church without Temple barre. VVith tvvo prayers of the same author hereunto annexed.
London: printed by Richard for Robert Dexter, 1592
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
I am persuaded that if the lots were cast to see who troubles the ship it would fall upon the Lawyers, be not offended but amend for malice speaks not. A poor client cometh forth accusing one, and going home accuseth an hundred, for so many seeks to gain by him, so few seeks to further him, and so many seeks to hinder him, that all his gain is but labour and loss. For a small matter many will come to law, to strive for that which with reason might easily be attained without such contention, and others seek to enrich themselves with contending for a small matter at the law with their neighbours, yet in the end loose that they sought, and that they had beside: and so they contend and strive about a thing commonly till the Lawyer hath gained more by them then ⟨p. 168⟩the thing which is in controversy is worth. These are like the mouse and the frog, which strove so long about marsh ground till the kite came & took it from them both. Others will come up to law about a small matter, & therein so entangle themselves, that they cannot rid their hands of it, until it have almost undone them, like a silly sheep that is hunted of a fly which runneth from bush to bush, & every bush catcheth a lock of him, so that the poor sheep is threadbare ere he hath done and hath not a fleece left him to cover himself withal. So he runs from Court to Court to sue, to plead, till he have spent his cloak for his coat, were it not better to have cast lots for the coat at first? for the law is like a butlers box, play still on till it come to the candlestick. Therefore it is lawful for to end a controversy in a hard matter, to use this mean when other means have •in tried. Now whether it be lawful to cast dice (if lots may not be used as I have proved but in hard matters & weighty causes) when the thing is doubtful, and all good means are tried before to avoid strife: that question is decided which none but voluptuous 1men make question off• namely, whether dice-play be a meet exercise for a Christian soul. Solomon saith the lot causeth contention ⟨p. 169⟩2to cease, therefore lots are to end strife: but these lots make strife, §1