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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
crafty Trades men soddering up themselves again by a composition or three or four shillings in the pound can tell on which side the loss and hazards do lye And the grand increase of Trade appearing by the Custome house books and the overstocking of Trade by so great numbers applying themselves unto it may declare that there is no defect in our Laws which may deserve such a scandal or needless reformation which will bring upon the people greater mischiefs or inconveniencies then it pretends to prevent or avoid when the loss of money by reason of the failings of securities or the insufficiency of Debtors by the pride and luxury of the times so greatly gone beyond that of former years or ages will appear to be more the cause of it then any the defects in our Laws and that the cry and clamour not unlikely to be designedly raised concerning the loss of debts and increase of suits and actions at Law is more than needs when if it shall as it may be evidenced upon search enquiry that of some thousands of writs and actions made out by our Courts of Justice amongst such a multitude of people and their variety of affairs that there are more then one half of them ended in one Term or two and a very few of the remainder unless for difficulty or by reason of the peevishness of some of the parties do seldome last to the years end and that if all the Commissions of Bankrupts taken out for seven yeares last past and the number of prisoners for debt which have layne a year undischarged in the Prisons of the Kings Bench and the Fleet Marshalsea the two Compiers in London and all the County and other prisons in England were taken it may give all unbyassed men cause and reason enough to believe that there is no such danger or loss in lending of money or getting it in again or that it is the cause of many suits or actions when if there could be any such fear of frauds they may without such mischiefs and inconveniencies better be secured by a short Act of Parliament to ordain all intails deeds of uses and Mortgages to be inrolled in His Majesties high Court of Chancery and that whosoever shall fraudulently Mortgage any land or wittingly conceal any former Mortgage thereof shall incurr the pains and penalties ordained in case of Praemunire or a forfeiture of the double value to the party grieved That Extremities will drive and necessitate men to seek releif and difficulties of Justice or obtaining it make a temptation of giving or taking bribes now put into a new disguise or Periwigg and called gratifications That the bringing down of money to 6 per Cent. hath as frequent Experiences may inform those whose Estates have been sucked into a Consumption by it made too many refuse to lend money without as much brocage as hath amounted unto 8 or 10 per Cent. and taught them to prey and work upon mens necessities by denying to lend money without Rent charges or Annuities which may bring them 12 or 14 per Cent. and hath brought into a kind of trade and improvement of mony that horrid usury and brocage now practised by taking of pawns and loan of money at 60 40 30 or 25 per Cent. which like Locusts and Caterpillers devouring every green thing have almost covered this impoverished Nation And that the hardning of mens hearts by such an inspection into all mens Estates and creating them by that means as many advantages as they please will when people cannot borrow moneys as formerly upon reasonable securities cause an increase of the Trade of Tally men who do now gain a great deal more than Cent. per Cent. by furnishing the Market-women and Heglers and the Cryers in the Streets and other necessitous people with Clothes Houshold-stuff or other necessaries and lending them money at 12 d. a week for every 20 s. That the nature of the Scots much differing from that of the English and the general poverty of that Nation causing the stricter tyes in their Bonds and Obligations and the grand severities used in them may be more agreeable to the Laws and Constitution of that people than the more rich and tender hearted English That the Laws and Customs of Holland and the United Provinces where they have few Gentry little Land many Burgers Towns and Corporations and where the Husband Wife Children and Servants do continually busie themselves in Trade and Merchandize may better endure the Notarial Acts not much used amongst them conveyed unto them by the Civil Law and the Registrings which the 200th penny paid to their States upon the sale of Houses doth in a manner necessitate but cannot amongst a people whose Trade and Stocks are ever busily imployed in their Herring-Busses or are ever sending out or taking in their personal Estates in Money or Goods to or from all the parts of the habitable World admit or give them so clear a Perspective as our men of the Registring Reformation dream of and yet when they are best of all pleased with it they as well as the Spaniards and other transmarine Nations are to confess that they have more Appeals and Staires of Contention to climbe in many of their Suits and Actions than we have in England and are not without as many Actions and Suits proportionably to the small extent of their Dominions and their many little Judicatories That those who alledge that our Laws are undervalued and slighted in the parts beyond the Seas and believed to be defective may well allow us to think well of our own and blame such opinions of Foreigners who censure our Laws when they do not understand the Language they are written in and when our learned Fortescue whose Exile in France in the latter end of the Reign of our King Henry the 6th gave him the opportunity of comparing the excellency of our Laws very much since adorned with an addition of many good Statutes and Acts of Parliament and the defects of the French did write his Book in the praise of ours and the dispraise of theirs That the Decrets of France and ringing out of a Bell in some parts of the United Provinces for a confirmation of Titles and quieting of future Claims do not operate so much or strongly as our Recoveries and Fines with Barres upon Non-claims do with less noise and disparagement And that if it were fit or could be reasonable for the people of England to experiment all those mischiefs and inconveniences which may as certainly as sadly happen to us as it did to the well-wishing Daughters of the aged Pelias who destroyed him against their will by letting out his old blood in their hopes of new yet the Registring Reformers can never arrive to any other end of their Proposals than that of getting Offices and Imployments to ruine or perplex the people When as that which they would undertake will prove to be impossible and unpracticable unless they