The reply to Some reflections on Mr. Asgill's Essay on a registry, for titles of lands by way of a letter to the author of the Reflections.
         Asgill, John, 1659-1738.
      
       
         
           1699
        
      
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             The reply to Some reflections on Mr. Asgill's Essay on a registry, for titles of lands by way of a letter to the author of the Reflections.
             Asgill, John, 1659-1738.
          
           [2], 39 p.
           
             Printed for John Atwood ...,
             London :
             1699.
          
           
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Asgill, John, 1659-1738. -- Essay on a registry for titles of lands.
           Land titles -- England.
           Land titles -- Registration and transfer -- England.
        
      
    
     
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           THE
           REPLY
           TO
           Some
           Reflections
           ON
           Mr.
           Asgill's
           ESSAY
           ON
           A
           Registry
           ,
           FOR
           Titles
           of
           Lands
           .
        
         
           By
           Way
           of
           a
           Letter
           to
           the
           Author
           of
           the
           Reflections
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Iohn
             Astwood
          
           ,
           at
           his
           Printing-House
           behind
           St.
           Christopher's
           Church
           ,
           in
           Thread-needle-street
           ,
           the
           backside
           of
           the
           
             Royal
             Exchange
          
           .
           1699.
           
        
      
    
     
       
         
         
         
           THE
           REPLY
           TO
           Some
           Reflections
           ,
           &c.
           
        
         
           
             SIR
             ,
          
        
         
           IF
           I
           may
           be
           intrusted
           to
           make
           an
           Abstract
           of
           my
           own
           Essay
           ,
           it
           is
        
         
           
             To
             Assert
             and
             Prove
          
           ,
        
         
           1.
           
           That
           Free-hold
           Lands
           in
           England
           may
           be
           incumbered
           in
           divers
           manners
           ,
           and
           in
           divers
           places
           ,
           which
           renders
           the
           Titles
           thereunto
           incertain
           ,
           and
           therefore
           is
           a
           Deficiency
           in
           the
           Law.
           
        
         
           2.
           
           That
           the
           Conveyances
           by
           Lease
           and
           Release
           ,
           lately
           invented
           upon
           the
           Statute
           of
           Uses
           ,
           being
           Clandestine
           Conveyances
           ,
           and
           now
           become
           the
           common
           
           Conveyances
           of
           the
           Kingdom
           ,
           doth
           occasion
           a
           Necessity
           of
           a
           Registry
           to
           prevent
           them
           .
        
         
           And
           Page
           11.
           
           I
           have
           Challenged
           the
           Inns
           of
           Court
           to
           shew
           ,
           
             That
             either
             the
             Common
             Law
             ,
             or
             Parliaments
             of
          
           England
           ,
           
             ever
             directed
             any
             Incumbrances
             to
             affect
             Lands
             but
             by
             solemn
             Livery
             and
             Seisin
             ,
             or
             Matter
             of
             Record
             ,
             and
             that
             therefore
             these
             Clandestine
             Conveyances
             are
             crept
             in
             ,
             contrary
             to
             the
             true
             Intent
             and
             Meaning
             of
             Parliaments
             ,
             and
             all
             the
             avowed
             Laws
             and
             Customs
             of
             the
             Kingdom
             .
          
        
         
           And
           this
           (
           I
           know
           )
           it
           was
           ,
           that
           gave
           you
           Confidence
           to
           single
           your self
           out
           ,
           as
           the
           Goliah
           of
           the
           Law
           ,
           to
           answer
           me
           :
           In
           which
           (
           Bully
           like
           )
           you
           Lugg
           out
           with
           a
           Threat
           in
           your
           Mouth
           .
           Promising
           ,
        
         
           1.
           
           
             To
             shew
             that
             my
             Arguments
             are
             advanced
             on
             Suppositions
             and
             Opinions
             in
             the
             Law
             ,
             which
             are
             in
             themselves
             either
             false
             or
             mistaken
             ,
             or
             at
             least
             very
             broken
             and
             imperfect
             .
          
        
         
           2.
           
           
             However
             they
             may
             be
             just
             in
             
             themselves
             ,
             they
             conclude
             nothing
             to
             the
             purpose
             ,
          
           viz.
           
             The
             Necessity
             of
             a
             Registry
          
           .
        
         
           And
           to
           Charge
           me
           with
           Falshood
           in
           the
           Matter
           of
           my
           Challenge
           ,
           you
           say
           ,
        
         
           Page
           22.
           
           
             That
             Lands
             were
             otherwise
             to
             be
             incumbered
             than
             by
          
           Livery
           and
           Seisin
           ,
           
             or
             matter
             on
             Record
          
           :
           And
           for
           this
           you
           instance
           ,
        
         
           
             1.
             
             
               By
               a
               Lease
               for
               Years
            
             .
          
           
             2.
             
             
               A
               Devise
               by
               Will.
            
             
          
           
             3.
             
             
               A
               Grant
               of
               a
               Rent
               Charge
               .
            
          
           
             4.
             
             
               A
               Release
               to
               a
               Disseizor
            
             .
          
           
             5.
             
             
               A
               Surrender
            
             .
          
        
         
           For
           Reply
           to
           which
           ,
           in
           affirmance
           of
           my
           Essay
           ,
           I
           say
           ,
        
         
           1.
           
           That
           to
           a
           Lease
           for
           Years
           at
           Common
           Law
           ,
           the
           Transferr
           of
           the
           Possession
           by
           Entry
           was
           Necessary
           to
           perfect
           the
           Conveyance
           ,
           so
           as
           to
           make
           the
           Lessee
           capable
           of
           taking
           a
           Release
           ,
           which
           is
           directly
           contrary
           to
           a
           Bargain
           
           and
           Sale
           for
           Years
           by
           the
           Statute
           ,
           of
           which
           I
           have
           Complained
           ,
           as
           being
           perfectly
           executed
           to
           this
           intent
           without
           any
           Entry
           .
        
         
           2.
           
           That
           to
           a
           Grant
           of
           a
           Rent
           there
           must
           be
           an
           Attornment
           ,
           which
           is
           the
           Seisin
           of
           the
           Rent
           ,
           and
           all
           the
           Possession
           that
           a
           Rent
           is
           capable
           of
           ,
           and
           by
           this
           the
           Tenant
           hath
           the
           same
           Notice
           to
           know
           to
           whom
           to
           pay
           his
           Rent
           ,
           as
           he
           hath
           by
           a
           Feofment
           of
           the
           Land.
           Tho'
           I
           Confess
           ,
           that
           in
           both
           these
           Cases
           of
           a
           Lease
           for
           Years
           ,
           and
           Grant
           of
           a
           Rent
           ,
           the
           Deeds
           themselves
           ,
           without
           any
           Entry
           ,
           are
           the
           initiating
           of
           a
           Title
           ,
           so
           as
           to
           give
           the
           Grantees
           a
           Right
           to
           have
           their
           Title
           perfected
           ;
           for
           the
           Lessee
           by
           Virtue
           of
           his
           Lease
           may
           enter
           ,
           and
           the
           Grantee
           of
           the
           Rent
           may
           Compel
           an
           Attornment
           ;
           and
           so
           may
           a
           Man
           by
           Articles
           and
           a
           Suit
           in
           Chancery
           compel
           the
           making
           of
           a
           Deed
           :
           But
           ,
           'till
           these
           things
           be
           done
           ,
           the
           Title
           is
           not
           perfect
           .
           But
           indeed
           in
           your
           Discourse
           of
           the
           Nature
           of
           a
           Bargain
           and
           Sale
           ,
           before
           the
           Statute
           ,
           you
           seem
           to
           value
           a
           Title
           to
           a
           Suit
           in
           Chancery
           ,
           as
           much
           as
           a
           Title
           to
           an
           Estate
           .
        
         
         
           3.
           
           As
           to
           a
           Release
           to
           a
           Disseizor
           .
           There
           is
           an
           actual
           Transfer
           of
           the
           Possession
           by
           Entry
           ,
           before
           the
           Release
           can
           operate
           ,
           and
           the
           Entry
           is
           as
           an
           Essential
           Part
           of
           the
           Conveyance
           as
           the
           Release
           ;
           for
           they
           both
           make
           but
           one
           Conveyance
           .
        
         
           And
           because
           I
           Observe
           ,
           that
           whereas
           I
           have
           in
           my
           Essay
           used
           these
           Words
           ,
           
             Livery
             and
             Seisin
          
           ,
           and
           some
           other
           Words
           ,
           as
           
             Records
             ,
             Titles
             ,
             Notices
          
           ,
           &c.
           in
           their
           large
           sense
           ,
           according
           to
           common
           intent
           ,
           you
           wou'd
           take
           Advantage
           of
           me
           ,
           by
           Commenting
           upon
           them
           ,
           according
           to
           their
           strict
           Signification
           in
           Terms
           of
           Law.
           I
           'le
           endeavour
           to
           explain
           this
           Controversie
           about
           
             Livery
             and
             Seisin
          
           .
        
         
           When
           a
           Deed
           is
           made
           first
           ,
           and
           the
           Possession
           is
           taken
           afterwards
           ,
           this
           the
           Lawyers
           call
           a
           Feofment
           .
        
         
           And
           when
           the
           Possession
           is
           taken
           first
           ,
           and
           the
           Deed
           made
           afterwards
           ,
           this
           they
           call
           a
           Release
           .
        
         
           Now
           because
           I
           won't
           contradict
           the
           Lawyers
           in
           their
           Terms
           of
           Art
           ,
           I
           neither
           did
           nor
           do
           say
           ,
           that
           both
           these
           are
           Feofments
           ,
           or
           that
           both
           of
           them
           are
           Releases
           .
           But
           I
           did
           and
           do
           say
           ,
           
           that
           according
           to
           common
           Sense
           ,
           they
           are
           both
           the
           same
           sort
           of
           Conveyances
           ,
           and
           are
           both
           executed
           by
           Livery
           and
           Seisin
           ,
           because
           there
           is
           an
           actual
           and
           visible
           Transfer
           of
           the
           Possession
           ,
           in
           the
           one
           as
           well
           as
           the
           other
           ;
           without
           which
           neither
           of
           them
           can
           be
           executed
           .
           But
           as
           in
           the
           first
           ,
           the
           Deed
           being
           already
           made
           ,
           there
           needs
           nothing
           more
           but
           Possession
           ;
           so
           in
           the
           latter
           ,
           the
           Possession
           being
           already
           had
           ,
           there
           needs
           nothing
           but
           the
           Deed
           :
           For
           the
           Law
           hates
           to
           do
           any
           thing
           twice
           by
           Circuity
           of
           Action
           .
           When
           a
           Man
           is
           in
           Custody
           of
           the
           Sheriff
           by
           any
           one
           Writ
           executed
           upon
           him
           ,
           he
           is
           in
           his
           Custody
           upon
           all
           other
           Writs
           then
           delivered
           ,
           or
           otherwise
           the
           Sheriff
           must
           let
           him
           go
           as
           fast
           as
           he
           takes
           him
           ,
           in
           order
           to
           take
           him
           again
           .
           And
           as
           Littleton
           ,
           Sect.
           460.
           saith
           ,
           
             It
             is
             in
             vain
             to
             make
             an
             Estate
             by
             Livery
             and
             Seisin
             to
             another
             ,
             where
             he
             hath
             the
             possession
             of
             the
             same
             Land
             by
             the
             Lease
             of
             the
             same
             Man
             before
             .
          
           And
           therefore
           did
           not
           you
           and
           your
           Admirers
           value
           your selves
           ,
           more
           upon
           Knowledge
           of
           Terms
           of
           Art
           ,
           than
           the
           Reason
           of
           doing
           
           Business
           ,
           you
           would
           not
           vaunt
           so
           much
           of
           your
           Victory
           over
           me
           in
           this
           Point
           .
        
         
           4.
           
           As
           to
           a
           Surrender
           ,
           I
           say
           ,
           that
           a
           Surrender
           is
           not
           an
           Incumbrance
           on
           Land
           ,
           but
           a
           Discharge
           of
           an
           Incumbrance
           ;
           and
           what
           I
           have
           said
           in
           my
           Essay
           ,
           is
           of
           the
           Manner
           of
           creating
           Incumbrances
           ,
           and
           not
           of
           discharging
           them
           .
           For
           a
           Judgment
           ,
           which
           is
           an
           Incumbrance
           upon
           Record
           ,
           may
           be
           discharged
           by
           a
           Release
           which
           is
           not
           recorded
           ,
           and
           so
           several
           other
           Rights
           may
           be
           released
           without
           Livery
           o●
           Record
           ;
           and
           therefore
           ,
           you
           might
           as
           well
           have
           instanced
           in
           any
           of
           them
           as
           in
           a
           Surrender
           .
        
         
           5.
           
           As
           to
           a
           Devise
           by
           Will
           ,
           I
           say
           ,
           That
           tho'
           the
           Makers
           of
           the
           Law
           ,
           32
           H.
           8.
           by
           which
           Lands
           are
           deviseable
           ,
           did
           not
           thereby
           particularly
           direct
           such
           Devises
           to
           be
           registred
           ,
           yet
           they
           knew
           that
           long
           before
           the
           making
           that
           Statute
           ,
           Wills
           were
           usually
           registred
           ,
           whereby
           all
           the
           Devises
           therein
           might
           appear
           .
           And
           as
           to
           what
           you
           say
           ,
           
             That
             Lands
             being
             by
             the
             Custom
             of
             several
             Boroughs
             ,
             deviseable
             before
             the
             making
             
             this
             Statute
             ,
             is
             a
             sufficient
             Answer
             to
             what
             I
             have
             said
             of
             the
             Custom
             of
             the
             Kingdom
             to
             the
             contrary
             ,
          
           is
           (
           by
           your
           leave
           )
           taking
           a
           Point
           of
           Law
           without
           asking
           :
           For
           
             the
             Custom
             of
             the
             Kingdom
          
           is
           the
           
             Common
             Law
          
           of
           England
           ,
           but
           the
           Custom
           of
           an
           Hundred
           particular
           Boroughs
           is
           not
           ,
           and
           therefore
           nothing
           that
           you
           say
           of
           them
           ,
           can
           be
           an
           Answer
           to
           what
           I
           say
           of
           that
           .
        
         
           I
           think
           these
           are
           all
           the
           Opinions
           in
           Law
           ,
           in
           which
           you
           would
           seem
           to
           charge
           me
           with
           Falshood
           .
        
         
           Now
           to
           follow
           you
           in
           your
           next
           Task
           ,
           which
           is
           to
           shew
           my
           Notions
           mistaken
           ,
           broken
           and
           imperfect
           .
        
         
           Page
           3.
           
           
             You
             say
             ,
             I
             have
             not
             enumerated
             all
             the
             ways
             ,
             by
             which
             Lands
             may
             be
             incumbered
             .
          
        
         
           Reply
           .
           Truly
           Sir
           ,
           nor
           you
           neither
           ,
           and
           (
           tho'
           I
           own
           you
           much
           more
           Law
           and
           Memory
           than
           I
           have
           )
           I
           'le
           give
           you
           'till
           the
           Publication
           of
           your
           next
           Reflections
           ,
           to
           make
           an
           Inventory
           of
           these
           Incumbrances
           ;
           for
           there
           's
           as
           many
           
           several
           ways
           of
           incumbring
           Lands
           ,
           as
           there
           are
           several
           species
           of
           Profits
           belonging
           to
           them
           ,
           as
           Herbage
           ,
           Pannage
           and
           Estovers
           above
           Ground
           ,
           and
           Mines
           under
           ,
           all
           which
           may
           be
           particularly
           granted
           ,
           and
           every
           such
           Grant
           is
           an
           Incumbrance
           :
           However
           ,
           I
           thank
           you
           ,
           for
           strengthning
           my
           Argument
           :
           For
           if
           the
           multiplied
           ways
           of
           Incumbrances
           ,
           are
           the
           cause
           of
           the
           incertainty
           of
           Titles
           ,
           the
           more
           ways
           the
           more
           incertain
           .
        
         
           Page
           3.
           
           
             You
             say
             ,
             my
             word
          
           Incumbrance
           
             doth
             not
             comprehend
             Conveyances
             of
             Land.
             
          
        
         
           Reply
           .
           For
           this
           I
           'le
           put
           you
           a
           Case
           ,
           (
           which
           when
           you
           have
           answered
           ,
           I
           'le
           answer
           the
           two
           you
           have
           put
           me
           )
           A.
           conveys
           his
           Land
           to
           B.
           and
           then
           makes
           a
           Deed
           of
           it
           to
           C.
           and
           Covenants
           with
           C.
           that
           he
           hath
           not
           incumber'd
           it
           ;
           Query
           ,
           Whether
           the
           Conveyance
           to
           B.
           be
           a
           Breach
           of
           the
           Covenant
           with
           C
           ?
           But
           I
           find
           this
           Word
           Incumbrance
           is
           unlucky
           to
           Registries
           .
           
           Major
           Gen.
           Ludlow
           in
           his
           Memoirs
           takes
           Notice
           ,
           That
           upon
           a
           Bill
           for
           a
           Registry
           then
           brought
           into
           the
           House
           of
           Commons
           ,
           the
           Lawyers
           kept
           them
           three
           Months
           upon
           the
           Word
           Incumbrances
           .
           I
           remember
           indeed
           (
           amongst
           the
           School-Boys
           )
           we
           had
           a
           nice
           Distinction
           in
           Magick
           ,
           between
           (
           two
           Compounds
           of
           
             Cumbo
             )
             Incubus
          
           and
           Succubus
           ;
           both
           which
           we
           had
           learnt
           to
           be
           the
           Possession
           of
           the
           Devil
           :
           But
           Incubus
           (
           it
           seems
           )
           is
           the
           Devil
           within
           a
           Man
           ;
           and
           Succubus
           the
           Devil
           lying
           upon
           him
           ;
           which
           the
           Country
           People
           call
           a
           Night-Mare
           .
        
         
           Page
           7.
           
           
             You
             expose
             my
             Ignorance
             of
             the
             Nature
             and
             Operation
             of
             a
          
           Bargain
           and
           Sale
           
             before
             the
             Statute
          
           .
        
         
           Reply
           ,
           To
           this
           I
           can
           only
           say
           ,
           that
           I
           never
           saw
           any
           Author
           so
           much
           Contradict
           himself
           in
           four
           Pages
           ,
           as
           you
           have
           done
           to
           this
           Point
           in
           your
           7
           th
           ,
           8
           th
           ,
           9
           th
           ,
           &
           10
           th
           .
           or
           else
           I
           can't
           understand
           them
           .
           I
           own
           (
           indeed
           )
           that
           (
           for
           Contradiction-sake
           I
           suppose
           )
           you
           
           have
           slatly
           denyed
           my
           Assertion
           in
           three
           words
           :
           But
           coming
           to
           argue
           upon
           it
           ,
           you
           have
           Confessed
           all
           I
           have
           said
           .
           Like
           Felons
           who
           plead
           
             Not
             Guilty
          
           (
           for
           Form-sake
           )
           tho'
           ,
           they
           know
           the
           Evidence
           will
           be
           against
           them
           .
        
         
           Page
           11.
           
           
             You
             Reprove
             me
             for
             saying
             ,
             that
             the
             Device
             of
             Conveyancing
             by
             Lease
             and
             Release
             ,
             is
             an
             Abuse
             of
             the
          
           Statute
           of
           Uses
           :
           
             Whereas
             ,
             say
             you
             ,
             the
             Statute
             hath
             (
             notwithstanding
             )
             its
             full
             Operation
             .
          
        
         
           Reply
           .
           So
           say
           I
           ,
           and
           more
           too
           ;
           for
           the
           Parliament
           have
           given
           an
           Inch
           ,
           and
           the
           Lawyers
           have
           taken
           an
           Ell●
           ;
           and
           I
           always
           understood
           too
           much
           use
           of
           any
           thing
           to
           be
           an
           abuse
           of
           it
           .
        
         
           Page
           13.
           
           
             You
             Correct
             me
             again
             ,
             for
             saying
             that
             the
             Statute
             for
             Inrollments
             is
          
           Eluded
           ;
           
             whereas
             (
             say
             you
          
           )
           page
           15.
           
             't
             is
             only
          
           Avoided
           .
        
         
           Reply
           .
           For
           this
           saying
           ,
           Sir
           ,
           and
           this
           
           only
           ,
           I
           heartily
           begg
           your
           Pardon
           ,
           and
           Knock
           under
           Table
           .
        
         
           Page
           15.
           
           
             You
             fetch
             me
             about
             again
             ,
             for
             saying
             that
             this
             Statute
             is
             avoided
             by
             the
             Lease
             and
             Release
             ,
             whereas
             (
             say
             you
             )
             the
             first
             Avoidance
             was
             by
             the
             Covenant
             to
             stand
             seized
             ,
             and
             that
             the
             Lease
             and
             Release
             was
             since
             invented
             ,
             instead
             of
             the
             Covenant
             to
             stand
             seized
             .
          
        
         
           Reply
           .
           But
           Sir
           ,
           they
           say
           in
           our
           Country
           ,
           That
           the
           Receiver
           is
           as
           bad
           as
           the
           Thief
           ,
           and
           the
           Truth
           is
           ,
           (
           as
           you
           say
           )
           that
           because
           the
           Lawyers
           found
           ,
           that
           this
           Covenant
           to
           stand
           seized
           would
           not
           do
           all
           manner
           of
           Business
           ,
           they
           invented
           the
           Lease
           and
           Release
           ,
           which
           hath
           done
           it
           effectually
           .
        
         
           
             But
             then
             you
             say
             ,
             It
             had
             been
             more
             proper
             for
             me
             ,
             to
             have
             instanced
             in
             this
             Covenant
             to
             stand
             seized
             ,
             which
             was
             the
             first
             Evasion
             of
             the
             Statute
             ,
             and
             is
             now
             out
             of
             use
             ;
             than
             in
             the
             Lease
             and
             Release
             ,
             
             which
             was
             invented
             afterwards
             ,
             and
             is
             now
             in
             use
             .
          
        
         
           Reply
           .
           By
           this
           ,
           Sir
           ,
           I
           perceive
           ,
           if
           you
           were
           to
           Lampoon
           the
           Fashions
           ,
           you
           would
           fall
           foul
           upon
           Ruffs
           and
           high
           Collars
           ,
           short
           Boots
           and
           long
           Spurs
           ,
           and
           let
           the
           Fopperies
           of
           the
           present
           Age
           go
           free
           .
        
         
           Page
           28.
           
           
             You
             find
             fault
             with
             my
             definition
             of
             Title
             ,
             as
             different
             from
             my
             Lord
          
           Coke
           
             '
             s.
          
           
        
         
           Reply
           .
           Now
           only
           to
           show
           Captious
           you
           are
           ,
           (
           for
           this
           signifies
           nothing
           to
           our
           purpose
           )
           my
           Definition
           is
           ,
           
             That
             to
             make
             a
             Title
             ,
             is
             to
             take
             the
             Property
             of
             a
             thing
             from
             one
             Man
             ,
             and
             put
             it
             into
             another
          
           ;
           and
           Lord
           Coke's
           is
           ,
           
             Titulus
             est
             justa
             causa
             possidendi
             quod
             nostrum
             est
             ,
          
           viz.
           
             The
             means
             whereby
             a
             Man
             comes
             to
             Land.
          
           And
           pray
           Sir
           ,
           can
           any
           Man
           have
           a
           better
           means
           to
           come
           to
           Land
           ,
           than
           by
           a
           Conveyance
           from
           him
           that
           had
           it
           before
           ?
        
         
         
           page
           28.
           
           
             In
             the
             same
             page
             you
             contradict
             me
             ,
             for
             saying
             that
             some
             Notice
             is
             necessary
             to
             all
             Title
             ,
             whereas
             say
             you
             ,
             by
             a
             Gift
             of
             Goods
             they
             are
             vested
             without
             Notice
             to
             the
             Donee
             ,
             and
             so
             is
             the
             Duty
             upon
             a
             Bond
             without
             Notice
             to
             the
             Obligee
             .
          
        
         
           Reply
           .
           Very
           good
           .
           But
           suppose
           the
           Donor
           or
           Obligor
           deny
           the
           Execution
           of
           the
           Deed
           ,
           must
           there
           not
           be
           some
           Witness
           to
           prove
           it
           ?
           and
           this
           is
           what
           I
           have
           said
           ,
           that
           there
           ought
           to
           be
           Notice
           to
           other
           Persons
           besides
           the
           Parties
           ,
           to
           evidence
           the
           Deed
           ,
           least
           the
           Seller
           deny
           it
           .
        
         
           And
           now
           Sir
           ,
           I
           thank
           you
           for
           giving
           me
           my
           Quietus
           from
           any
           more
           of
           your
           Animadversions
           upon
           my
           false
           or
           mistaken
           Notions
           in
           the
           Law.
           But
           ,
        
         
           page
           30.
           
           
             You
             come
             to
             the
             second
             part
             of
             your
             Task
             ,
             that
             my
             Arguments
             don't
             prove
             my
             Conclusion
             ,
          
           viz.
           
             the
             Necessity
             of
             a
             Registry
             .
             And
             this
             you
             
             would
             prove
             by
             Logick
             .
             For
             ,
             say
             you
             if
             Conveyances
             by
             Lease
             or
             Release
             be
             the
             only
             Grievances
             in
             the
             incertainty
             of
             Titles
             ,
             and
             that
             these
             were
             made
             by
             Elusion
             of
             the
             Statute
             for
             Inrollments
             ;
             therefore
             if
             a
             Provision
             were
             made
             for
             inrolling
             all
             Bargains
             and
             Sales
             ,
             as
             well
             for
             Years
             as
             Free-holds
             ,
             it
             would
             remedy
             the
             Mischief
             ,
             without
             registring
             all
             .
          
        
         
           Reply
           .
           By
           this
           you
           would
           confine
           my
           Argument
           to
           make
           good
           your
           own
           :
           For
           tho'
           I
           lay
           the
           blame
           more
           particularly
           upon
           Leases
           and
           Releases
           ,
           (
           as
           being
           most
           us'd
           )
           I
           don
           't
           by
           that
           quit
           my
           other
           Arguments
           ,
           or
           say
           there
           is
           no
           other
           Mischief
           :
           Nor
           will
           any
           Inrollment
           remedy
           the
           Mischiefs
           ,
           without
           giving
           a
           preference
           to
           Deeds
           so
           inrolled
           ,
           to
           Deeds
           not
           inrolled
           ,
           which
           is
           all
           the
           Registry
           offered
           :
           And
           whether
           it
           be
           called
           Registry
           or
           Inrollment
           ,
           doth
           not
           alter
           the
           Case
           .
        
         
           But
           pray
           Sir
           ,
           by
           the
           way
           ,
           give
           me
           
           leave
           to
           intrude
           a
           little
           upon
           your
           Trade
           of
           Reflections
           ,
           for
           I
           dare
           say
           ,
           no
           one
           that
           has
           read
           them
           ,
           but
           thinks
           either
           that
           you
           are
           concerned
           in
           some
           Office
           ,
           or
           Fees
           for
           Inrollments
           ,
           or
           write
           for
           some
           one
           else
           that
           is
           .
           And
           for
           what
           you
           hint
           against
           new
           Officers
           and
           new
           Fees
           ,
           I
           only
           say
           ,
           that
           I
           can
           make
           no
           Comparison
           between
           old
           and
           new
           Officers
           ,
           unless
           I
           know
           their
           Names
           .
           But
           for
           Fees
           ,
           I
           'le
           undertake
           ,
           that
           Deeds
           may
           be
           registred
           for
           half
           the
           Money
           they
           are
           now
           inrolled
           ;
           not
           that
           I
           am
           underbidding
           you
           ,
           but
           I
           observe
           you
           are
           concerned
           for
           the
           Subject
           .
        
         
           Pag.
           48.
           
           
             You
             tell
             us
             ,
             you
             have
             gone
             through
             the
             two
             Branches
             of
             your
             Design
             ;
             with
             what
             success
             the
             World
             may
             judge
             .
          
        
         
           Reply
           .
           Yes
           !
           very
           great
           !
           
             Jamque
             opus
             exegi
          
           .
           Welcome
           to
           the
           Butts
           Gentlemen
           .
           And
           now
           you
           are
           at
           leisure
           to
           Divert
           your self
           with
           me
           .
           And
           to
           begin
           ,
        
         
         
           page
           28.
           
           
             You
             are
             pleased
             to
             mention
             two
             considerable
             parts
             of
             my
             Essay
             to
             be
          
           Wit
           and
           Malice
           .
        
         
           Reply
           .
           To
           this
           I
           can't
           return
           you
           a
           less
           Complement
           than
           ,
           That
           your
           Reflections
           seem
           to
           be
           written
           with
           as
           much
           Wit
           ,
           and
           as
           little
           Malice
           as
           you
           could
           .
        
         
           page
           48.
           
           
             You
             say
             the
             Clergy
             think
             their
             best
             Answer
             to
             me
             ,
             is
             a
             silent
             Scorn
             and
             Contempt
             .
          
        
         
           Reply
           .
           Why
           then
           (
           I
           say
           that
           for
           'em
           )
           they
           have
           more
           Command
           of
           their
           Passion
           than
           you
           have
           .
        
         
           page
           42.
           
           
             You
             say
             ,
             I
             might
             have
             quoted
             Precedents
             more
             to
             my
             purpose
             ,
             than
             out
             of
             the
             Old
             and
             New
             Testament
             .
          
        
         
           Reply
           .
           By
           this
           I
           Conjecture
           ,
           these
           are
           the
           two
           last
           places
           you
           ever
           look
           for
           any
           thing
           in
           .
        
         
         
           page
           49.
           
           You
           say
           ,
           
             That
             I
             deserve
             to
             be
             admired
             for
             no
             other
             Reason
             ,
             but
             for
             daring
             to
             write
             what
             a
             wiser
             Man
             would
             tremble
             to
             hear
             .
          
        
         
           Reply
           .
           Why
           this
           may
           be
           !
           and
           yet
           Paul's
           Sermon
           was
           never
           the
           worse
           ,
           nor
           Felix
           ever
           the
           wiser
           for
           trembling
           at
           it
           :
           They
           who
           never
           think
           of
           these
           things
           by
           themselves
           ,
           are
           subject
           to
           such
           Quaums
           when
           they
           hear
           them
           from
           others
           .
        
         
           Hi
           sunt
           qui
           trepidant
           &
           ad
           omnia
           fulgura
           pallent
           .
        
         
           page
           50.
           
           
             You
             would
             be
             very
             severe
             on
             those
             words
             in
             my
             Preface
             ,
          
           I
           hope
           I
           have
           such
           a
           Warrant
           to
           search
           for
           Truth
           ,
           that
           will
           justifie
           me
           in
           breaking
           through
           all
           Crafts
           ond
           Sciences
           to
           find
           it
           ;
           as
           Hunger
           justified
           David
           and
           his
           Men
           ,
           for
           entring
           the
           Priest's
           House
           ,
           and
           eating
           
           the
           Shew-Bread
           :
           
             Because
             (
             say
             you
          
           )
           David
           
             was
             a
             King
             ,
             and
             Kings
             have
             Prerogatives
             ,
             and
             therefore
             might
             be
             justifyed
             in
             that
             which
          
           (
           perhaps
           )
           
             might
             intitle
             a
             Man
             of
             Mr.
          
           Asgill
           
             's
             Station
             to
             another
             Reward
          
           ,
           (
           Anglicé
           ,
           
             to
             be
             Hang'd
          
           .
           )
        
         
           Reply
           .
           Why
           then
           it
           seems
           't
           is
           but
           perhaps
           ,
           and
           so
           you
           are
           not
           positive
           ,
           but
           have
           made
           a
           Prerogative
           Case
           of
           it
           ,
           
             Whether
             a
             King
             's
             breaking
             a
             Priests
             House
             be
             Burglary
             ?
          
           As
           to
           that
           ,
           Sir
           ,
           tho'
           I
           don't
           Care
           to
           shew
           my self
           a
           Volunteer
           in
           Cases
           of
           Prerogative
           ,
           yet
           I
           dare
           give
           my
           Opinion
           in
           this
           Case
           ,
           That
           if
           David
           had
           had
           no
           Men
           with
           him
           ,
           nor
           any
           that
           would
           have
           come
           when
           he
           called
           'em
           ,
           the
           Priests
           would
           have
           made
           this
           action
           Burglary
           :
           But
           his
           addition
           
             of
             Men
          
           (
           which
           I
           have
           inserted
           in
           my
           Preface
           ,
           and
           you
           have
           left
           out
           of
           your
           Paraphrase
           )
           is
           very
           Material
           in
           this
           Point
           ,
           (
           as
           I
           humbly
           conceive
           )
           and
           quite
           alters
           the
           Case
           :
           Tho'
           after
           all
           ,
           David
           ,
           was
           no
           King
           
           at
           the
           time
           of
           this
           Fact
           committed
           .
        
         
           page
           44.
           
           
             You
             say
             I
             have
             made
             no
             provision
             for
             the
             Ignorance
             and
             Dishonesty
             of
             those
             who
             Transact
             Matters
             in
             Title
             .
          
        
         
           Reply
           .
           The
           whole
           Design
           of
           the
           Registry
           is
           to
           prevent
           Dishonesty
           :
           But
           for
           Cure
           of
           Ignorance
           ,
           I
           hope
           you
           don't
           expect
           it
           from
           me
           ,
           whom
           you
           have
           so
           often
           Charged
           with
           it
           ;
           and
           that
           you
           have
           Stiled
           me
           Gentleman
           in
           one
           Line
           ,
           and
           called
           me
           Impudent
           in
           the
           next
           ,
           puts
           me
           in
           Mind
           of
           the
           Civility
           of
           the
           Coif
           given
           by
           one
           Serjeant
           at
           Law
           to
           another
           ,
           at
           
             Salisbury
             ▪
             Assizes
             ,
             Brother
             !
             you
             are
             a
             Rascal
             .
          
        
         
           page
           49.
           
           
             You
             say
             ,
             I
             should
             not
             have
             Disclosed
             the
             Mysteries
             of
             my
             Trade
             .
          
        
         
           Reply
           .
           And
           yet
           in
           page
           4.
           
           You
           hint
           ▪
           that
           all
           I
           have
           said
           of
           the
           Priests
           and
           Lawyers
           ,
           is
           but
           a
           Transcript
           from
           Lord
           Coke
           .
        
         
         
           page
           52.
           
           
             You
             say
             ,
             That
             the
             Proposals
             of
             Registries
             ,
             having
             been
             still
             rejected
             by
             the
             Wisdom
             of
             our
             Fore-fathers
             ,
             is
             some
             Argument
             against
             it
             .
          
        
         
           Reply
           .
           There
           is
           no
           more
           a
           Species
           of
           a
           Registry
           ,
           than
           (
           Selden
           saith
           )
           there
           is
           of
           Kings
           ,
           who
           in
           some
           Countries
           are
           Hereditary
           ,
           some
           Elective
           ,
           some
           Annual
           ,
           and
           some
           for
           Life
           ,
           and
           all
           these
           invested
           with
           different
           Powers
           .
        
         
           I
           have
           seen
           some
           Proposals
           for
           Registries
           calculated
           for
           Rebellion
           .
           To
           burn
           all
           the
           Records
           ,
           Fore-close
           Men
           of
           their
           Rights
           for
           Non
           claim
           upon
           blowing
           a
           Horn
           ,
           levelling
           all
           Titles
           ,
           and
           beginning
           the
           World
           anew
           .
           And
           therefore
           the
           Rejection
           of
           such
           a
           Registry
           as
           this
           ,
           is
           no
           Argument
           against
           another
           otherwise
           calculated
           .
        
         
           And
           for
           those
           Gentlemen
           ,
           who
           are
           so
           complacent
           as
           to
           declare
           for
           a
           Registry
           in
           General
           ,
           and
           yet
           find
           fault
           with
           all
           that
           are
           proposed
           ,
           'till
           they
           shall
           please
           to
           define
           the
           Nature
           of
           what
           they
           would
           have
           ,
           I
           presume
           they
           must
           be
           thought
           to
           be
           against
           all
           .
        
         
         
           But
           as
           to
           rejection
           of
           Laws
           by
           precedent
           Parliaments
           ,
           we
           have
           several
           Examples
           of
           receiving
           them
           afterwards
           ,
           as
           the
           taking
           away
           the
           Court
           of
           Wards
           ,
           the
           Grant
           of
           the
           sole
           Trade
           to
           the
           Indies
           ,
           the
           Tax
           upon
           Paper
           ,
           &c.
           which
           last
           I
           especially
           mention
           ,
           because
           your
           old
           Friend
           ,
           
             Fabian
             Phillips
          
           ,
           writing
           against
           a
           Registry
           about
           fifty
           years
           since
           ,
           puts
           the
           Proposal
           for
           that
           and
           Stampt-Paper
           together
           ,
           as
           Badges
           of
           Spanish
           Slavery
           ,
           and
           you
           have
           resembled
           it
           to
           Thraldom
           and
           base
           Tenure
           ,
           and
           against
           the
           Freedom
           of
           Freeholders
           ,
           (
           
             Not
             to
             be
             at
             liberty
             to
             cheat
             Men
             of
             their
             Money
             !
          
           )
           Then
           ,
        
         
           In
           page
           43.
           
           
             You
             give
             another
             Political
             Hint
             against
             a
             Registry
             ,
             by
             which
             I
             know
             you
             mean
             that
             old
             Bugg-Bear
             .
             That
             a
             Registry
             under
             a
             Monarchy
             is
             dangerous
             ,
             by
             discovering
             Estates
             and
             Settlements
             to
             the
             Crown
             ,
             whereby
             to
             make
             them
             liable
             to
             Attainders
             .
          
        
         
           Reply
           .
           Why
           pray
           ,
           as
           the
           Case
           now
           
           stands
           ;
           Suppose
           a
           Man
           is
           attainted
           of
           Treason
           ,
           shall
           not
           the
           King
           have
           an
           Office
           found
           for
           his
           Land
           ,
           upon
           Evidence
           only
           that
           he
           received
           the
           Profits
           ,
           (
           and
           I
           hope
           a
           Registry
           don't
           furnish
           out
           that
           Evidence
           )
           and
           this
           puts
           the
           Heirs
           or
           Purchasers
           to
           plead
           and
           show
           their
           Deeds
           ,
           and
           sure
           those
           Deeds
           would
           not
           be
           less
           ,
           but
           rather
           more
           valid
           (
           in
           this
           Case
           )
           for
           being
           registred
           .
           And
           yet
           whoever
           hath
           a
           Mind
           to
           keep
           any
           Settlement
           secret
           ,
           need
           not
           register
           it
           ,
           for
           nothing
           can
           defeat
           it
           but
           another
           Deed
           register'd
           ,
           which
           can't
           be
           done
           ,
           but
           by
           the
           Grantor
           himself
           .
        
         
           And
           as
           to
           discovering
           the
           Monies
           of
           Mortgagees
           ,
           whereby
           to
           tax
           'em
           ,
           I
           should
           not
           be
           sorry
           to
           see
           that
           effected
           any
           way
           in
           ease
           of
           Lands
           ,
           tho'
           they
           may
           effectually
           register
           their
           Mortgages
           ,
           without
           discovering
           the
           Summs
           secured
           .
           And
           I
           believe
           ,
           there
           are
           not
           many
           Examples
           of
           forfeiting
           Monies
           at
           Interest
           by
           Attainders
           ,
           for
           Usurers
           are
           generally
           Old
           Men
           or
           Young
           Women
           ,
           who
           seldom
           are
           caught
           in
           Plots
           against
           the
           State
           ,
           or
           else
           such
           others
           who
           being
           
           easie
           in
           their
           Fortunes
           ,
           won't
           venture
           (
           upon
           any
           Revolution
           )
           to
           meet
           a
           new
           King
           so
           far
           as
           Brentford
           ,
           'till
           they
           have
           several
           Affidavits
           of
           the
           former
           being
           safely
           landed
           on
           the
           other
           side
           the
           Water
           .
           But
           ,
        
         
           page
           48.
           
           
             You
             have
             desired
             the
             Reader
             to
             take
             Notice
             ,
             That
             what
             you
             have
             said
             is
             only
             in
             Answer
             to
             Mr.
          
           Asgill
           .
        
         
           Reply
           .
           Why
           then
           !
           if
           the
           Reader
           finds
           more
           Jest
           than
           Earnest
           in
           my
           Reply
           ,
           I
           desire
           him
           to
           take
           Notice
           ,
           That
           it
           is
           to
           make
           it
           more
           suitable
           to
           your
           Reflections
           .
           And
           by
           this
           and
           your
           other
           Grave
           Sentences
           ,
           and
           General
           Cautions
           ,
           I
           suppose
           you
           would
           be
           understood
           ,
           that
           you
           could
           have
           wrote
           better
           on
           this
           Subject
           if
           you
           had
           a
           Mind
           to
           it
           .
           And
           therefore
           ,
           to
           give
           you
           a
           further
           Opportunity
           of
           shewing
           that
           Faculty
           ,
           I
           shall
           add
           something
           more
           to
           my
           former
           Assertions
           ,
           as
           Matter
           for
           your
           further
           Reflections
           .
        
         
           
           
             I.
             Assertion
             .
          
           
             
               That
               the
               want
               of
               a
               General
               Registry
               ,
               hath
               been
               the
               Occasion
               of
               multiplying
               Laws
               to
               prevent
               Frauds
               in
               the
               Titles
               of
               Lands
               .
            
          
           
             Proved
             .
             THat
             this
             was
             the
             Occasion
             of
             making
             this
             
               Statute
               of
               Vses
            
             ,
             27
             H.
             8.
             the
             several
             Statutes
             against
             Fraudulent
             Conveyances
             ,
             several
             Clauses
             in
             the
             Act
             29.
             
             Car.
             2.
             to
             prevent
             Frauds
             and
             Perjuries
             ,
             and
             all
             the
             late
             Acts
             against
             Clandestine
             Mortgages
             ,
             and
             to
             secure
             Purchasers
             ,
             appears
             by
             the
             Preambles
             of
             the
             several
             Acts
             ,
             which
             recite
             abuses
             by
             Secret
             Deeds
             ,
             Uses
             ,
             &c.
             which
             might
             have
             been
             prevented
             by
             a
             Registry
             ;
             for
             all
             Frauds
             in
             Titles
             came
             by
             Concealments
             ,
             and
             when
             they
             are
             Registred
             ,
             they
             can't
             be
             Concealed
             .
          
        
         
           
           
             II.
             Assertion
             .
          
           
             
               That
               besides
               other
               Inconveniencies
               which
               may
               and
               do
               arise
               in
               the
               Construction
               and
               Use
               of
               New
               Laws
               when
               they
               are
               known
               ,
               the
               very
               Multiplication
               of
               them
               is
               a
               Burden
               to
               the
               People
               by
               rendring
               them
               difficult
               ,
               if
               not
               impossible
               ,
               to
               be
               known
               by
               them
               .
            
          
           
             Proved
             .
             I
             may
             venture
             to
             hint
             at
             other
             Inconveniencies
             in
             New
             Laws
             ,
             when
             the
             Author
             of
             these
             Reflections
             ,
             Page
             53.
             saith
             ,
             
               We
               are
               not
               without
               Experience
               of
               some
               Laws
               in
               force
               ,
               whose
               Design
               (
               't
               is
               true
               )
               was
               the
               Prevention
               of
               Fraud
               ,
               and
               yet
               have
               furnished
               out
               more
               Business
               for
            
             Westminster
             Hall
             
               than
               the
               Mistakes
               they
               have
               prevented
               would
               perhaps
               have
               occasioned
               .
               Witness
               the
               Statute
               of
               Vses
               and
               Wills.
            
             Out
             of
             which
             these
             Clandestine
             Conveyances
             have
             been
             formed
             .
          
           
           
             And
             how
             many
             Debates
             have
             arisen
             in
             the
             Courts
             of
             Law
             ,
             about
             Deeds
             fraudulent
             or
             not
             fraudulent
             ,
             and
             in
             the
             Courts
             of
             Equity
             about
             Notices
             of
             Incumbrances
             ,
             Rights
             of
             Redemption
             ,
             &c.
             before
             they
             come
             to
             be
             settled
             and
             known
             as
             Judgments
             or
             Rules
             of
             Courts
             by
             the
             Lawyers
             themselves
             ?
          
           
             But
             for
             the
             meer
             Layity
             ,
             they
             can
             never
             come
             to
             know
             'em
             ,
             by
             reason
             of
             the
             multitude
             of
             the
             particulars
             ,
             and
             the
             distance
             of
             time
             between
             one
             Act
             and
             another
             ,
             and
             the
             comparing
             them
             together
             ,
             in
             order
             to
             understand
             them
             ,
             and
             so
             they
             run
             into
             the
             Breach
             of
             them
             without
             knowing
             it
             ;
             and
             therefore
             if
             that
             Question
             in
             Twyne's
             Case
             
               
                 Quaeritur
                 ,
                 ut
                 crescunt
                 tot
                 magna
                 volumina
                 Legum
                 ?
              
               
                 In
                 promptu
                 Causa
                 est
                 ,
                 Crescit
                 in
                 orbe
                 dolus
                 .
              
            
             had
             been
             inverted
             ,
             the
             Answer
             might
             have
             been
             inverted
             too
             
               
               
                 Quaeris
                 ?
                 ut
                 orbis
                 habet
                 tot
                 multae
                 exempla
                 dolorum
                 ,
              
               
                 In
                 promptu
                 ,
                 Causa
                 est
                 ,
                 jura
                 volumen
                 habent
                 .
              
            
          
           
             The
             difficulty
             of
             the
             Knowledge
             of
             the
             Law
             ,
             is
             not
             so
             much
             from
             the
             abstruseness
             of
             the
             Matter
             ,
             whereby
             to
             puzzle
             the
             Judgment
             ,
             but
             from
             the
             number
             of
             the
             Particulars
             ,
             which
             burdens
             the
             Memory
             ;
             for
             all
             Cases
             of
             Common
             Use
             are
             known
             as
             well
             to
             the
             Clients
             ,
             as
             to
             the
             Lawyers
             .
             There
             is
             not
             a
             greater
             Article
             in
             the
             Laws
             of
             England
             ,
             than
             
               The
               Descent
               of
               Lands
               to
               the
               Eldest
               Son
               as
               Heir
               ,
            
             and
             yet
             this
             being
             a
             common
             Case
             ,
             every
             Man
             is
             his
             own
             Lawyer
             in
             it
             .
             And
             were
             a
             Registry
             settled
             ,
             the
             Use
             of
             it
             would
             become
             so
             common
             ,
             that
             the
             Knowledge
             of
             the
             Law
             ,
             and
             Practice
             of
             it
             ,
             would
             become
             universal
             .
             Whereas
             the
             Law
             of
             Titles
             now
             lying
             dispersed
             in
             several
             Volumes
             ,
             which
             must
             be
             compared
             with
             one
             another
             ,
             't
             is
             a
             Discouragement
             to
             the
             Students
             of
             the
             Law
             themselves
             ,
             to
             enquire
             after
             them
             .
          
           
           
             The
             Multiplication
             (
             and
             consequently
             the
             Ignorance
             )
             of
             Laws
             ,
             is
             a
             secret
             Curse
             fallen
             upon
             Man
             ,
             which
             insensibly
             consumes
             his
             Estate
             ,
             without
             his
             taking
             any
             Account
             of
             it
             .
          
           
             The
             first
             Law
             delivered
             to
             Man
             was
             terminated
             in
             one
             single
             Point
             ,
             and
             that
             but
             a
             Negative
             ;
             
               Only
               of
               that
               Tree
               thou
               shalt
               not
               eat
               ,
            
             which
             being
             so
             short
             and
             plain
             ,
             could
             neither
             burden
             his
             Memory
             ,
             nor
             puzzle
             his
             Judgment
             .
             But
             Man
             refusing
             to
             hold
             his
             Life
             by
             so
             easie
             a
             Tenure
             ,
             he
             had
             (
             for
             his
             Punishment
             )
             delivered
             him
             a
             Law
             of
             a
             Thousand
             Commandments
             ,
             
               which
               neither
               we
               nor
               our
               Fathers
               were
               able
               to
               bear
            
             ;
             not
             from
             the
             difficulty
             of
             any
             one
             Precept
             ;
             (
             for
             they
             were
             all
             trivial
             Performances
             )
             but
             from
             the
             multitude
             of
             the
             Particulars
             ,
             and
             this
             very
             thing
             of
             it self
             (
             without
             any
             more
             )
             cost
             the
             People
             one
             5
             th
             .
             of
             their
             Estates
             ,
             (
             for
             so
             is
             the
             Value
             of
             Tithes
             computed
             )
             to
             maintain
             an
             Order
             of
             Preisthood
             ,
             who
             should
             apply
             themselves
             to
             that
             Science
             only
             ,
             and
             thereof
             upon
             all
             Occasions
             inform
             the
             People
             ,
             (
             who
             were
             otherwise
             employed
             .
             )
          
           
           
             And
             as
             this
             Law
             of
             Ceremonies
             and
             
               diverse
               Commandments
            
             was
             delivered
             for
             a
             Curse
             ,
             so
             the
             taking
             away
             the
             former
             ,
             and
             the
             Abridgment
             of
             the
             latter
             ,
             was
             the
             beginning
             of
             the
             Redemption
             of
             the
             World
             ;
             for
             
               the
               Ceremonies
               of
               the
               Levitical
               Law
            
             being
             taken
             away
             by
             the
             Death
             of
             Christ
             ,
             and
             
               the
               Commandments
               of
               the
               Moral
               Law
            
             being
             by
             him
             abridged
             into
             one
             Precept
             ,
             
               Do
               unto
               all
               men
               ,
               as
               you
               would
               they
               should
               do
               unto
               you
               ;
               for
               this
               is
               the
               Law
               and
               the
               Prophets
               :
            
             Every
             Man's
             Conscience
             became
             his
             own
             Lawyer
             .
             And
             thereby
             the
             Order
             of
             Priesthood
             became
             
               ipso
               facto
            
             dissolved
             ,
             as
             being
             useless
             to
             the
             World
             ,
             'till
             by
             degrees
             they
             rallyed
             again
             ,
             and
             getting
             into
             Synods
             and
             general
             Councils
             ,
             with
             Canons
             ,
             Creeds
             ,
             Articles
             ,
             &c.
             they
             at
             length
             split
             the
             Gospel
             into
             as
             many
             Items
             as
             the
             Law
             was
             before
             ,
             and
             thereby
             regained
             a
             pretence
             to
             the
             Tithes
             ,
             which
             however
             they
             could
             not
             get
             settled
             'till
             the
             12
             th
             .
             Century
             after
             Christ
             ;
             when
             the
             Decree
             of
             the
             Council
             at
             
               Lateran
               ,
               An.
            
             1179.
             or
             (
             as
             my
             Lord
             Coke
             saith
             )
             a
             decretal
             Epistle
             of
             Pope
             Innocent
             the
             
             Third
             ,
             An.
             1200.
             procured
             Tithes
             to
             be
             first
             appropriated
             to
             the
             Parish
             Priests
             .
          
           
             And
             if
             the
             Fees
             certain
             now
             payable
             by
             the
             People
             ,
             for
             the
             Knowledge
             of
             the
             Laws
             Ecclesiastick
             ,
             together
             with
             the
             accidental
             Fees
             paid
             for
             the
             Knowledge
             of
             the
             Municipal
             Laws
             of
             the
             Kingdom
             ,
             (
             as
             they
             come
             to
             have
             Occasion
             for
             them
             )
             were
             annually
             sumed
             up
             together
             ,
             their
             Total
             would
             strike
             deep
             in
             the
             Revenues
             of
             the
             Kingdom
             .
             Not
             that
             I
             propose
             to
             lower
             the
             Fees
             of
             the
             Church
             or
             the
             Law
             ,
             as
             far
             as
             there
             is
             Occasion
             for
             them
             :
             But
             could
             the
             Occasions
             of
             them
             be
             reduced
             ,
             I
             presume
             ,
             the
             Honourable
             Professors
             of
             either
             Science
             would
             not
             expect
             to
             be
             paid
             for
             nothing
             .
          
        
         
           
           
             III.
             Assertion
             .
          
           
             
               That
               as
               the
               Delay
               of
               a
               General
               Registry
               hath
               hitherto
               occasioned
               the
               Multiplying
               of
               Laws
               to
               prevent
               Frauds
               in
               Titles
               ,
               so
               the
               longer
               it
               is
               delayed
               ,
               the
               more
               Laws
               must
               be
               multiplyed
               for
               that
               purpose
               .
            
          
           
             Proved
             .
             They
             say
             a
             Registry
             signifies
             nothing
             'till
             forty
             or
             fifty
             Years
             after
             't
             is
             made
             ,
             and
             so
             they
             said
             fifty
             Years
             ago
             :
             But
             if
             instead
             of
             that
             ,
             it
             had
             been
             then
             settled
             ,
             we
             had
             now
             received
             the
             Benefit
             of
             it
             :
             And
             should
             that
             Objection
             prevail
             in
             other
             Cases
             ,
             we
             must
             neither
             plant
             Oaks
             nor
             Orchards
             ,
             but
             leave
             off
             Generation
             ,
             because
             our
             issue
             arrive
             not
             to
             Manhood
             'till
             One
             and
             Twenty
             .
          
           
             It
             is
             expected
             that
             Frauds
             in
             Titles
             will
             increase
             ,
             and
             consequently
             Laws
             must
             be
             multiplyed
             to
             prevent
             'em
             ;
             and
             
             when
             all
             's
             done
             ,
             it
             must
             come
             to
             a
             Registry
             at
             last
             ,
             after
             some
             more
             Cheats
             have
             inforced
             it
             ;
             and
             therefore
             in
             the
             mean
             time
             we
             are
             at
             double
             Charge
             ,
             in
             mending
             an
             Old
             House
             ,
             which
             must
             be
             New
             Built
             at
             last
             .
          
        
         
           
             IV.
             Assertion
             .
          
           
             
               That
               the
               Apprehension
               of
               Frauds
               in
               Titles
               draws
               a
               Suspition
               upon
               good
               Titles
               as
               well
               as
               bad
               ,
               and
               consequently
               doth
               depreciate
               the
               Value
               of
               Lands
               in
               general
               .
            
          
           
             Proved
             .
             One
             of
             the
             first
             Objections
             against
             a
             Registry
             is
             ,
             That
             Frauds
             in
             Titles
             are
             not
             so
             considerable
             as
             they
             are
             made
             to
             be
             .
             Suppose
             that
             true
             ,
             yet
             from
             the
             present
             impossibility
             of
             making
             Titles
             certain
             ,
             they
             are
             all
             suspected
             to
             be
             false
             .
             It
             may
             be
             said
             ,
             that
             Robberies
             and
             Burglaries
             are
             not
             so
             common
             ,
             as
             that
             Men
             should
             always
             ride
             armed
             ,
             or
             keep
             their
             Doors
             shut
             ,
             and
             yet
             they
             do
             think
             themselves
             obliged
             
             to
             be
             on
             their
             defence
             ,
             because
             they
             know
             not
             when
             the
             Thieves
             will
             come
             .
             Suppose
             there
             were
             the
             like
             Hazard
             in
             the
             Titles
             of
             Stock
             in
             the
             Bank
             ,
             &c.
             as
             in
             the
             Titles
             of
             Lands
             ,
             viz.
             That
             this
             Stock
             were
             transferrable
             at
             large
             out
             of
             a
             Registry
             ,
             and
             that
             every
             such
             particular
             Transferr
             ,
             together
             with
             general
             Incumbrances
             of
             Judgments
             ,
             Statutes
             ,
             &c.
             were
             to
             affect
             it
             ,
             as
             they
             do
             Lands
             ,
             and
             that
             the
             Conveyances
             of
             it
             were
             to
             be
             made
             by
             Lawyers
             ,
             with
             recitals
             ,
             
               And
               whereas's
            
             ,
             &c.
             shewing
             all
             the
             mean
             Assignments
             through
             which
             they
             came
             ,
             and
             a
             Set
             of
             Covenants
             afterwards
             for
             being
             lawfully
             seized
             ,
             &c.
             whether
             this
             very
             alteration
             of
             the
             Title
             ,
             without
             any
             thing
             else
             ,
             would
             not
             of
             it self
             depreciate
             the
             Value
             of
             Stock
             20
             
               l.
               per
               Cent.
            
             and
             yet
             perhaps
             there
             might
             not
             be
             one
             false
             Title
             in
             a
             hundred
             Transferrs
             .
             Why
             then
             if
             it
             be
             supposed
             ,
             that
             the
             Changing
             the
             Title
             of
             Lands
             to
             the
             Title
             of
             Stock
             ,
             would
             depriciate
             it
             so
             much
             ,
             I
             can't
             think
             but
             the
             changing
             the
             Title
             of
             Stock
             to
             the
             Title
             of
             Lands
             ,
             would
             much
             advance
             the
             Value
             of
             
             them
             ,
             and
             this
             Title
             to
             Stock
             is
             nothing
             but
             a
             Registry
             ,
             which
             doth
             take
             away
             the
             use
             of
          
           
             First
             ,
             All
             Recitals
             of
             main
             Assignments
             ,
             because
             in
             the
             very
             Accounts
             of
             the
             Registry
             it
             appears
             ,
             by
             whom
             all
             Transferrs
             were
             made
             .
          
           
             Secondly
             ,
             All
             Covenants
             for
             a
             good
             Title
             ;
             because
             the
             Registry
             it self
             shows
             it
             is
             a
             good
             Title
             ;
             and
             therefore
             in
             all
             Conveyances
             of
             Coppy
             holds
             ,
             and
             Fen-Lands
             in
             their
             Registry
             ,
             there
             's
             no
             Recital
             of
             things
             past
             ,
             nor
             Covenants
             against
             them
             ,
             because
             it
             always
             appears
             upon
             the
             Roll
             ,
             and
             this
             makes
             the
             Conveyances
             of
             those
             Lands
             so
             short
             ,
             being
             only
             the
             Words
             of
             Grant
             ,
             Parcels
             and
             Habendum
             ,
             and
             consequently
             the
             Titles
             are
             easier
             perused
             ,
             and
             less
             hazardous
             :
             For
             the
             very
             Length
             of
             Deeds
             doth
             of
             it self
             hazard
             the
             Titles
             ,
             by
             causing
             Mistakes
             in
             perusing
             them
             .
          
           
             Indeed
             I
             can't
             pretend
             ,
             that
             a
             Marriage
             Settlement
             ,
             whereby
             Lands
             are
             to
             be
             entailed
             on
             the
             Issue
             Male
             ,
             with
             provision
             for
             raising
             Monies
             on
             several
             Contingencies
             ,
             should
             be
             as
             short
             as
             a
             bare
             Transfer
             of
             Stock
             without
             any
             such
             
             Settlement
             of
             it
             ,
             nor
             can
             such
             a
             Settlement
             made
             of
             Stock
             ,
             be
             as
             short
             as
             a
             bare
             Transferr
             of
             Lands
             .
             But
             why
             all
             the
             Words
             of
             Grant
             and
             Habendum
             ,
             may
             not
             be
             as
             short
             in
             a
             Transferr
             of
             Land
             as
             of
             Stock
             ,
             I
             can't
             apprehend
             ,
             and
             then
             there
             can
             be
             no
             difference
             in
             the
             Length
             of
             them
             ,
             but
             in
             the
             Nameing
             of
             the
             Parcels
             .
             And
             therefore
             to
             say
             ,
             that
             a
             Registry
             of
             Lands
             may
             not
             be
             made
             as
             perfect
             ,
             and
             the
             Title
             thereof
             as
             readily
             transferrable
             as
             Stock
             ,
             is
             to
             say
             ,
             that
             the
             same
             thing
             can't
             be
             done
             within
             an
             Inns
             of
             Court
             ,
             as
             is
             at
             Grocers-Hall
             ,
             or
             the
             East-India
             House
             .
          
           
             To
             me
             the
             Transferr
             of
             Titles
             seems
             to
             resemble
             the
             Carriage
             of
             Commodities
             ,
             which
             is
             to
             be
             considered
             in
             the
             Price
             ,
             as
             well
             as
             any
             thing
             else
             .
             And
             if
             this
             be
             doubted
             ,
             and
             the
             Registry
             be
             rejected
             ,
             I
             could
             only
             wish
             ,
             that
             an
             Experiment
             were
             made
             ,
             to
             change
             the
             Titles
             of
             Stock
             ,
             Tallies
             ,
             Bills
             ,
             &c.
             (
             or
             at
             least
             of
             one
             Branch
             of
             them
             )
             into
             the
             Titles
             of
             Lands
             ,
             to
             see
             whether
             this
             Clogg
             on
             their
             Transferr
             would
             
             not
             make
             them
             as
             dead
             Commodities
             as
             Land
             is
             now
             .
          
        
         
           
             V.
             Assertion
             .
          
           
             
               That
               the
               Establishing
               a
               Registry
               in
               the
               Metropolis
               ,
               will
               be
               as
               convenient
               ,
               and
               less
               chargeable
               ,
               than
               to
               settle
               it
               in
               each
               County
               .
            
          
           
             Proved
             .
             
               That
               all
               Men
               should
               have
               Justice
               brought
               home
               to
               their
               Doors
               ,
               and
               their
               Business
               done
               near
               Home
               ,
            
             sounds
             popular
             .
             But
             tho'
             the
             Soil
             of
             the
             Lands
             lyes
             in
             the
             proper
             Counties
             ,
             yet
             the
             Transferrs
             of
             the
             Title
             follow
             the
             Lawyers
             ,
             and
             the
             Lawyers
             follow
             the
             Terms
             ,
             which
             are
             in
             the
             Metropolis
             ,
             and
             therefore
             the
             Transferrs
             of
             Titles
             ●●e
             generally
             made
             there
             .
          
           
             However
             this
             Registry
             don't
             alter
             the
             Execution
             of
             Deeds
             ,
             but
             leaves
             that
             to
             be
             done
             by
             the
             Parties
             ,
             any
             where
             ,
             as
             it
             was
             before
             .
             So
             that
             the
             
             additional
             trouble
             by
             the
             Registry
             ,
             is
             only
             the
             Transmitting
             the
             Deeds
             from
             the
             Place
             where
             they
             are
             executed
             ,
             to
             the
             Place
             of
             Registry
             ;
             and
             were
             there
             a
             Registry
             in
             every
             County
             ,
             they
             must
             be
             transmitted
             to
             the
             Place
             where
             that
             Registry
             is
             kept
             ,
             and
             the
             Party
             need
             carry
             them
             no
             further
             ,
             in
             order
             to
             register
             them
             in
             London
             :
             Because
             the
             Registers
             in
             London
             will
             find
             it
             their
             Interest
             to
             settle
             Deputies
             in
             every
             County
             ,
             who
             shall
             transmit
             and
             receive
             back
             all
             Deeds
             ,
             without
             trouble
             to
             the
             Parties
             .
             So
             that
             the
             Registry
             in
             London
             will
             be
             as
             convenient
             as
             the
             Registry
             in
             each
             County
             .
          
           
             And
             as
             it
             will
             be
             as
             convenient
             ,
             so
             it
             will
             be
             less
             chargeable
             .
             For
             should
             Registries
             be
             settled
             in
             each
             County
             ,
             there
             must
             be
             a
             General
             Registry
             in
             London
             ,
             to
             which
             the
             Entries
             of
             all
             the
             County
             Registries
             must
             be
             transmitted
             ,
             or
             else
             they
             would
             be
             of
             no
             use
             for
             Searches
             :
             And
             therefore
             ,
             all
             great
             Incumbrances
             which
             affect
             Lands
             ,
             are
             recorded
             in
             the
             Courts
             at
             Westminster
             .
             And
             't
             is
             Observable
             ,
             that
             the
             
             Office
             of
             Registry
             for
             Transferring
             Fen-Lands
             ,
             is
             kept
             in
             London
             .
          
           
             But
             as
             this
             Registry
             is
             calculated
             ,
             it
             may
             be
             first
             settled
             in
             any
             one
             place
             ,
             and
             from
             thence
             be
             extended
             ,
             or
             else
             suppressed
             ,
             according
             to
             the
             Experience
             and
             Success
             of
             it
             .
          
           
             FINIS
             .