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judgement_n act_n king_n parliament_n 3,280 5 6.9453 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A54691 The pretended perspective-glass, or, Some reasons of many more which might be offered against the pretended registring reformation Philipps, Fabian, 1601-1690. 1669 (1669) Wing P2013; ESTC R9264 8,649 18

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will not only undermine and overthrow a great part of our Laws and the excellent form and beauty of the fabrick and structure thereof in which the Liberties and safety of the peoples Estates do reside and lead into Captivity their Laws and Liberties but hinder and take away from the King his post Fines and profit of Alienations Green Wax Fines upon Original Writs and Seals in his Courts of Justice and Chancery amounting to about Forty or Fifty Thousand pounds per Annum Lay open and expose every mans Estate to Taxes and Assessements when as the Registring of all Mortgages and Alienations of Lands can make no perfect discovery of Incumbrances without the Registring of Judgements Statutes and Recognisances as well for the time past as to come Destroy or weaken the Trade of the City of London and divert the profit of above 15. or 16. adjacent Counties who have exceedingly improved their Rents and Estates by it That the Registrate moveable Bonds in Scotland had their original from the Caursini the Popes Brokers in England and from the miscalled Camera Apostolica in the Reign of our King Henry the third banished from hence by the cryes of the oppressed people and that to take as they do Registrate Bonds for Debts and keep them dormant for 6. or 12. months or a greater time after and afterwards Register them may so conceal Debts and Engagements and weaknesses of Estate as may rather increase the hazzard and damage of the lenders of money than prevent it That the Office of General Remembrancer of all Incumbrances hath several Parliaments in the Reign of King James troubled and attended them for a confirmation and could never obteyn it was refused and certified by Sr. Edward Coke and the Judges to whom it was referred to be against the Weal-publique missed of its purpose in the Parliaments of King Charles the Martyr was entertained by Oliver and his ignorant and mechanick party as a ready means to Level and overturn our Laws and make his Saints some seats or business of Judicature in the several Counties but went do further than its Embrio because his so called Parliament could not agree in 6 Moneths time what should be called Incumbrances and hath been rejected in a late Session of this Parliament And besides its ushering in of these and many other mischiefs and inconveniencies will be needless when every man which doth but know any thing in our Laws or hath ever bought or sold Land or sought to recover any which hath been aliened from him or had Intailes which his carefull Ancestors thought to have been an unalienable provision for him and his posterity docqued and cut off cannot but confesse that our Laws have from time to time been exceeding carefull and made it to have been a great part of their business to secure and protect Purchasors Bona Fide who are already as well if not more provided for in their Conveyances and Assurances as any Nation under Heaven and as far also as the care or wit of man could hitherto conceive it to be necessary by Feoffments with livery and seisin Fines and Recoveries Leases and Releases Demise and Redemise Warranties Bars and Non-claims Prescriptions Estoppels Entries tolled Judgements Statutes and Recognisances with Collateral security to perform Covenants discovery of Incumbrances upon Oath the Statute of the 27th of King Henry the 8. for transferring of uses into possession the Act of Parliament for Inrolling of Deeds of Bargain and Sale an Act to preserve the Estate of Tenants for years in a Recovery suffered by one in Reversion An Act of Parliament in the 2. and 3. year of King Edward the 6. for saving and allowing of Leases and other kind of Estates not found in any Inquisition or Office to intitle the King three or four Statutes or Acts of Parliament against Fraudulent Assurances or such as go about to deceive men of their Debts and another in the 27th year of the Reign of Queen Elizabeth ordaining a forfeiture of a years value of the Land by such as are parties or privies in or unto such deceipts the Statute made in the 23th year of her Reign for inrolling of Fines and Recoveries to avoid Errors in them three or four Statutes or Acts of Parliament concerning Bankrupts The Statute against forging of Deeds the Statute made in the one and twentieth year of the Reign of King James for Limitations of Writs of Formedon unto twenty years after the Title accrewed and another to quiet the Titles of all men against the King certain Cases only excepted which had been in sixty years quiet possession another that the Lands and Estates of men dying in Execution should be chargable with their Debts and another to make it Felony against such as should leavy Fines suffer Recoveries or acknowledge Judgements Statutes or Recognisances in other mens names with the Rule of expounding Grants strictly against the Grantors Debts to be payd before Legacies and Trusts to be voyd as against Creditors and many other ayds and assistances not here enumerated which the Laws have been at all times ready to contribute to such as shall timely or seasonably require or make use of them And the pretences of making Lands to sell at greater Rates for that as is alleaged the Titles are so fraudulent and Lands so doubly and trebly Mortgaged as men are supposed to be afraid to purchase or lend any money upon them and that Trade is greatly hindered by it when all the Securities which men can take for their debts are so deficient and that thereby many suites and contentions have arisen which otherwise would not have been may vanish and no more disturbe their Fancies When the Fines and Recoveries of 20. 30. or 40. years last past will Demonstrate plenty of purchases and a great deal of Land sold or aliened in every of those Counties And the Records and Decrees of Chancery being the Pool of Bethesda whither all men deceived by Mortgages or fraudulent Conveyances do come for relief can if compared with the number of Fines and Recoveries and Bargains and Sales that do pass in every year testifie that there is not much above one in every thousand that falleth into such a misfortune that in these late times the rich and gaining party by the sufferings and miseries of the loyal party have not been afraid to have Joyntures setled upon their daughters given in marriage with great Portions to take Rent charges and annuities for moneys lent by Chevisance and for more then the legal interest or have bought indebted Gentlemens estates and gained well by monies left in their hands to clear incumbrances and many times according to the latitude of their consciences compounded them to their own no small advantage and there is commonly as much difference between Trade and lending of mony as betwixt a Trades man borrowing of mony and one that is no trades man lending it When so many Commissions of Bankrupt issuing out every year and the