CERTAIN ASSAYS Propounded to the consideration of the Honourable COMMITTEE for regulating the proceed at Law.  
Whereby it is made evident that most Cases now determined in Chancery and other Courts of Equity, may be reduced to Trial at Law.  
To the great ease and benefit of the COMMONWEALTH.   printer's or publisher's device 
LONDON, Printed for Thomas Creak. 1652.   

TO THE RIGHT HONOURABLE the COMMITTEE appointed for the regulating proceed at LAW.  
May it please your Honours,  
TAking to consideration the great delay and charge that continually happens to the Client by prolix and costly suits in Equity, and considering the flourishing condition of the Common Law, even in the Swording times of the three first Edwards, and for some good space after, when few, or rather no suits were determined in an equitable course: and finding the inconveniency of them at this day, which no man can wonder at, when the Lord chief justice Fairfax in their infancy complained 
21 E. 4. 232.  against them, and the pleaders or Counsellors that promoted them, the same having been more proper for actions of the Case at Law. And also observing the great care former Parliaments have used to reduce causes from Equity to Law, as appears by the Act of 27. H. 8. of transferring uses, 13 Eliz. for suppressing frauds, and divers others; and having formerly published some Proposals in order to regulating the proceed at Law, many of which you have been pleased to take into consideration, hath made me to adventure upon your clemencies this once more, by submitting these second considerations to your judgements, assuring myself that by your patronage and favouring the same with your eye and labours, something may thereby be produced to the benefit of the Commonwealth, and the Common Law cleared of many aspersions (by the ignorant) cast upon it, by reason of the delatory and costly proceed in all Courts of Equity. Which is the greatest of the ambition of him that herein is  
Your most humble servant and wellwisher, S. D.   

The Assays follow:  
1. FIrst it is propounded that all Coppyholds be made Freehold, and Commissioners may be assigned into all Counties, with rules for the setting down rates between Lord and Tenant; and that all Lands, etc. may be devisable and descendable at Common Law.  
2. That the execution and perfecting of all Contracts and agreements for Lands, etc. may be compelled at Common Law upon Action of the Case as now in Chancery, with damage only to be taxed for the delay; and that all mean Estates and privyes may be bound that are either parties to the suit or the judgement by Scire facias.  
3. That uses and trusts be transferred of Leases for years, debts, goods, etc. as it is now of Freeholds by 27 H. 8. with some provision that the Lessees estate may not merge in the Freehold to the prejudice of the party.  
4. That Legacies may be sued for, Morgagers and obligers relieved against forfeitures, and Tithes recoverable at and by the Common Law as formerly proposed.  
5. That such proof of Deeds, etc. wanting, lost etc. may be allowed at law, as is now in equity.  
6. That special actions of the case may be brought at Law in all equitable cases, according to the Lord Fairfax his advice in the 21 H. 4. 23.  
7. That the states of Joyntments, etc. may not survive, and they and coexecutors may have special actions of the case against each other for all Equitable injuries.  
8. That imperfect and deficient conveyances made upon valuable and good consideration may be allowed at Law according to the intent of the parties expressed or proved, and that an action of the case may lie against the party and his heirs, etc. to compel them to make good the same.  
9 That Joint-sureties may have actions of the Case against each other for contribution, and against the principal in the nature of a Writ de plegiis acquietandis to be discharged from engagements.  
10. That non compos mentis may have the plea in his own person.  
11. That waist and remedy for Rent may be had by the Purchaser against the Tenant, after notice; and the Reversion pass as well without as with attornment, in all cases.  
12. That union of possession within memory, and above 60 years, may not prevail against usage by all the time of present memory, but that prescription therein may be allowed.  
13. That where deeds, etc. belong to two or more, and are kept by one in trust for the rest, and not produced upon reasonable request, upon trials, etc. (charges being tendered) for the defence of the common title, that an action of the case may lie to recover the deeds and damage.  
14. That detinue may lie for deeds, etc. though the date be not known, and that like Action may lie for the trustor against the trustee; for deeds, etc. and that the release or discharge of the trustee without consent of the trustor may not be valid, where either the trust is expressed or known.  
15. That assigns of Statutes, Judgements, Recognizances, Bonds, Bills, Debts, etc. made for valuable consideration, and not for maintenance may sue the same in their own names, and discharge them at pleasure; and that the release or discharge of the assignor after notice shall not be valid; and that if the assignor notwithstanding such notice shall sue, etc. garnishment shall lie, and interpleading, as is now used in detinue, etc.  
16. That upon bills of discovery the plaintiff may proceed no further then to Bill and Answer, and to examine the defendant upon Interrogatories, if the Case or party desire it, and then the Answers to be used at Common-law.  
17. That Depositions of witnesses in perpetual memory may presently be published and used upon Trials for the ease of the Client, where the witnesses be sick, impotent, far distant, or do not appear upon due service, or for other reasonable cause.  
18. That Costs and Damages may be given to the parties, where they are stayed by Injunction, for delay or upon unjust or untrue surmises, as was anciently; as appears by 21 E. 4. 74. and the same to be ascertained by the oath of the party, or other competent witnesses.  
19 That Fee-farmes, Heriots, etc. may be good in Law, as they were before the Statute of quia emptores terrarum, and are at this day decreed in equity.  
20. That in case any Court of Equity shall proceed in any cause wherein there is or shall be proper remedy at Law, that then the Courts of Law m●y prohibit them as anciently, and that the party upon the prohibition may recover Costs and damage for the vexation.  
Lastly, because the Proposer of these Assays knoweth his own weakness and unworthiness to propose any thing of this kind; and knowing how apt humane nature is to err, and to transcend its due bounds; and these his Assays being the first of this nature that hath been proposed, and being willing to offer his mite at the After of so worthy a work, humbly and hearty desires the Reader, that if he find any thing herein that he conceives may be inconvenient, that he will then either in private or public make his Animadversions, with his reasons; or if he shall think fit to add, or propound any more rationally, as it will be a very acceptible work to the Commonwealth, so it shall thankfully and hearty be subscribed to by his very humble servant,  
S. D.   
FINIS.