AN ESSAY To a further DISCOVERY OF Terra Firma: OR A PROPOSAL TO A more firm Ascertaining of Title in Lands. Hor. Epist. 2. Lib. 1. Certum voto pete Finem. London, Printed in the Year, 1663. AN ESSAY To a further DISCOVERY OF Terra Firma. LAnd, that in itself (unless by an Earthquake) is , yet is now adays become the most uncertain and unsteadiest Possession that is. And 'tis strange to consider, that what is always to be found in Eodem loco, in the very same place, yet men are afraid to venture thorough, lest they lose what they seem to get; and dare rather call Money, Plate, Jewels, and other Movables their own, (as having them, as it were, in a Manual Possession) than that other, notwithstanding that these are subject to many Casualties as the Poet very well observes; Horat. Serm. 1. — Noctesque diesque Formidare malos sures, incendio, servos, Ne te compilent fugientes— Which with a very little Periphrasis may be Englished thus, We Thiefs and Burn Night and Day may fear, And Servants Fugitive away may bear What we do get, and keep with so much care, They are subject (you see) to several accidents: And Land but to one, vizt. a bad Title, which indeed is of so much consideration, That Report tells us, My Lord Cook, (an upright man, that never gave his Hand to Corruption, as he was wont to say * Ful. of himself) a Friend of his requesting him, to convey him a good and sure Title, Replied, I cannot, unless you deal with an honest man: Caveat ergo Emptor, beware Buyer. Two ways there be, whereby we endeavour to secure ourselves: First, For the Seller or Morgager to take an Oath before a Master in chancery, That he knows of no Encumbrance, etc. and this is good, where there is a good Conscience: But you know who it is that says, Wise and Wary, men are to be deceived with Oaths. I think I need not be particular, how men are served in this kind, the whole Kingdom knows it too well: And if necessity urged, I could nominate a Kentish Gentleman, that was thus wiped of 500 l. and that by one who much desired not only to seem moral and honest, but (oh horrendum!) very Religious. A second way is to Enrowl, and that is good indeed, and yet may prove but a Sapientia Phrigia, a too late discretion; for if another have done the same before, I suppose one latter cautious person shuts the Stable door when the Steed is stolen. How advantageous would it be, if a sure course were taken to prevent these Frauds, that so good Title to what is bought, good Security to what is lent, might be made. It may be Objected, That search may be made into the Courts, where Inrowlments are usually Registered, from thence to be Resolved; But to this, give me leave a little to Reply, a man is 60 years of age, and entered on his Estate of Land at 21, he proffers me to sell or Mortgage, I am perhaps afraid that he esteems Jupiter's Stone (an Oath) no more than the dirt or stones under his Feet; If I will then search exactly, I have 39 years to go through, and that in several Courts. The search here is long, and there will intervene many thousand Records to encumber the Searcher, who being perhaps but a Second, and a Substitute, may therefore do it but superficially: No man doth one's business like ones self; but business may hinder a man, that happily, he cannot in person travail to London; or if he doth, he knows not well to perform it, and so must rely on others, who concerned no further therein than their Guerdon, may with the tediousness thereof become weary, and so not so wary as they ought indeed to be. Many times (and oftenest Lands are engaged, and no inrowlment thereof made; this may be carried as secret, and unknown from the World, as are the Founder and Sanctions of the Rosy-Crucians, then is my course (I confess) to inrowl, good; but in the interim, here is a large Ambitus, a Journey a great way about, and I may say, much search in vain, seeking that which is not to be found, never any Inrolment made. It is true, I ascertain myself of what I doubt of; but if this Purchase or Mortgage be inconsiderable, the Searches and Enrowlments may enhaunse it to a 25 years' Purchase. Therefore as in time of H. 44. 8. it was by Parliament Enacted, That Christen, Marriages, and Burials should in every Parish be Registered, in a Book for that purpose kept, to the end, that no man should be put by his Right, but should thereby know his age, be able to prove his lawful Descent, and decease of his Friends, etc. It is conceived, That a Book in like manner to be kept in every Parish, Signed and Attested by the Minister thereof, (who is, or aught to be, an honest, pious, and understanding person) and the Churchwardens, or rather (in stead of the last named, because they are oftentimes very plain and ignorant, and so of less validity) the two nearest Justices of the Peace, mentioning what Lands, how much, of what quality, whither Arable, Pasture, or Meadow, Marsh, Wood-land, etc. is Mortgaged or Sold, by such a man to such a man, together with the time and sum for what might be very convenient in this kind, whereby inspection and search might easily be made. And indeed, where should a man look for, and inquire for a thing, but where it is: Scaliger tells us, Rerum ipsarum cognitio vera è rebus ipsis est. Now as the Register in Churches (particularly of Burials) directs one to inquire to Wills, and their Probates, and to Letters of Administration (there being to these a time limited); so putting all into a most direct path, to find out the right of an Estate; even so would this Register direct to a sure and good Title. Neither would this at all be prejudicial to the inrowlments of the higher Courts above (for as I said before, that most frequently, at this day, (of most Deeds) no Inrowlments are made at all), but it should be as an Index to them, here being only the Heads and Contents, there in the Courts above the whole matter. Johannes * Ful. de Boston, a Monk of Bury travailed all England exactly, supervising the Libraries in all Religious Houses, and Wrote a Catalogue of all the Ecclesiastical Writers, as well as Foreign, as Domestical and Native therein to be found; and such his accurateness in his said Catalogue, as not only to tell the inchoative or first word in very Book, but to point at, and declare, in what places of the said Libraries the said Books stood: And truly such Parochial Registering might be an Index to the Upper Courts, as Johannes de Boston's Schedule or Catalogue was to the said Libraries. Another thing I might propose as praevious to this, and seems (to me) to be able yet further to ascertain and assure: It is a Custom as I have observed in Sussex and Kent, when scott's (as they term them) or Water-Taxes are to be Levied, to proclaim them three several Sundays, openly in several Churches, abutting the Marshes; so to give Notice to all concerned, to provide for the said Payments. And truly, I know not why any honest man should be loath or ashamed to have it known, That he hath occasion to either engage or sell Lands, for it seems (to me) all the harm he doth himself, is to proclaim himself a just fair and square dealing person, and so invites People the more to adventure to deal with him. I am sure of late, two Great and Honourable Peers, the Earl of Huntingdon, and the Earl of Carlisle, were so upright, that their Estates being entailed by Act of Parliament, (the first no doubt requiring it in his Will, and therefore his relict Lady, and his worthy Brother, the Right Honourable Baron of Loughborough, (one, who as a late Writer says, By his Virtues adds to the Dignity of his Extraction) both endeavouring it: The other himself then alive,) procured a like Act, to have power to sell part of their Estates to pay their Debts. And if these Great Parsonages, Peers of the Land, were so upright and open in their Deal, and no ways ashamed to have their Condition laid open to the Representative of the whole Nation, the Parliament; nay, nor were not (I dare say) grieved, when these things were inserted in the News Books; why should forsooth than frivolous and inferior persons be so extremely tender of their Reputation? Let them Mortgage or Sell never so often, at length some Body will take place and right, and then 'tis known; nay, and wors●, themselves known for Knaves. If they pretend it will discover their Estates and Conditions, I think I answer satisfactorily to that thus, Whilst things remain thus occult and obscure, we equally may doubt and fear all men, the upright man as well as the Knave, he that never mortgaged nor engaged, as well as him that hath: If so, than this hinders no particular man's Reputation; the truth is, (our Eyes daily see it) we dare not confide or trust one in another, without two or three Co-obligees, refusing Land security for personal; and were this way taken, a man's own Estate might be his Security, without troubling others. And indeed Mr. Hartlib (in his Legacy) treating about his bank of Lands, hints this Self security; How ere I am sure his said Bank (which were an excellent thing) could not stand without this proposed way (or the like) of mine. As the many inconveniencies before the time of King H. 8. procured the forerecited Act; So, Oh would the many Frauds, the Perjuries in this kind, the fraudulent Conveyances, the double and triple Morgagings, that are and yet may be committed, might cause an Act for the future prevention of them. One, somewhat more passionately then religiously says, That he thinks Knavery and Cheating the greatest Sin that was; if we sin against God (saith he) we can do him no harm; if we Sin against Him and ourselves only, (as in some sort of sins) we hurt not our Neighbours; but the Knave hurts all men: Other harms may be foreseen, but this of Knavery is ushered in by a dark Lantern; One says, Fur cursu fugitur, vel vi fortasse fugatur; Qui fugeris nebulo laqueum positurus in omnes. One escapes a Thief by flight, or else by force; But to prevent a Knave (I pray) what course. And yet this Knave shall scape better, notwithstanding the great wrong that he doth, than the poor Thief that steals for his Belly: The French Poet could many a year ago complain of this, says he, Le larron d'un escu, est pendu par Matheur, Le larron de dix mille est appelle Mounsieur. The poor unlucky Thief that steals a Crown Is hanged up, but he lives in Renown That by worse means hath swallowed thousands down. The High-way-man, and the Pirate at Sea, bereaves a man only of his present Carriage; nay, in the latter I have observed a kind of Generosity; these, although they have mer with Blows, yet give good entertainments and welcome, and oftentimes make a small Restitution as towards present necessity. But this Deceivour (of whom I speak) brings us into a worse Condition; for when he hath undone us, yet hath not he done with us, we being afterwards plunged into chargeable and vexatious Suits, and he esteems it a kind of injury that we set not down contented with our wrong, but put him (as he thinks, and calls it) to a trouble. It is a hard case, that when by honest Industry a man shall have got a sum of Money together, and is willing to lay it out (suppose) for a House to lay his head in, (such a one as he may call his own) or to buy Lands, thinking them more secure than his Cash, he should be eluded and deceived by a Knave, and Himself, Wife and Children undone, and such a Miscreant as did this, secure himself in Prison with the Money. It is a good way of Justice they have in France, if any make a fraudulent Break, if taken, they are hanged for it, if not taken, their Effigies is so served; and methinks there is much equity in it, such a one being a Grand Thief trading by wholesale, and those that Robb by the Highway, and break up Houses, being but Pettifoggers and retailers. But to return, there is in Lands a kind of Excellency above other Possessions, not only as I hinted before in the natural and proper stability thereof, but also in esteem and reputation. It was and is the Guerdon of Gracious Princes to deserving Subjects: Thus the Conqueror rewarded his Followers, but (in particular) thus the Ancestors of the Lord Eury were rewarded with Lands in Scotland, Subject to Edw. 1. Thus Sir John Copeland, that took David le Bruse, Stow. King of Scotland, was rewarded by Edw. 3. with 500 l. per annum, and thus the Lord Audley by the Black Prince; nay, 'tis also Guerdon of Piety and Service towards God (and of Temporal Rewards is most especially mentioned in Holy Writ); Thus was Abraham assured (several times) of the Land of Promise, and the Psalmist, Psal. 37. vers. 9, 11, 22, 29, 34. So often repeats it to the same effect: To whom also alludes our Saviour himself, in his Sermon upon the Mount, Matth. 5. & 5. And that this that is so dignified and ennobled, should lie open to the misuse and abuse of every base spirited person, seems great pity, and that there is not a restraint to them. A sure caution to it, so that what's in itself (to those that have it) so great a Temporal Blessing of God, might not by crafy unconscionable People be made a Snare and a Curse. And truly in the Wish of this, I think all sorts, qualities, and conditions of Men are concerned: First, Noble men; and truly though there be a great Awe and Respect to be used to them, above their Inferiors, as being Peers, and so near y related to their Sovereign, yet now and then they meet with such presumptuous Ones, as dare deceive them. Stow, Anno 13 Edw. 2. The Earl of Hereford bought of Sir William Bruce Knight, a portion of Land in the Marshes of Wales, called gower's, Roger Mortimer the Uncle, and Roger the Nephew, (not knowing of the foresaid Bargain) had also bought the said Ground of the said William Bruce: Also the Lord Mowbray, who had married the Daughter and Heir of the said William, claiming it by Inheritance of his Wife; last of all Hugh Spencer the younger had bought that Land, and turned them all out, wherefore the said Nobleses were sore moved, etc. Here it is plain, that by this covert close underhand-dealing, great and wise men were overreached: But to return, The Nobility have younger Sons, for whom they usually purchase; This proposed way (or some other) would also help them into a more secure proceeding in such purchase: but however, if it doth not concern the Nobility (because of their Greatness, and a better possibility they have of securing themselves) so much as it concerns others, yet may they please to remember, that who descend from them (I mean by their younger Sons and Daughters) ●ay Succedenti tempore devolve into but a Parity with the meaner Gentry. I am sure, in a Foreign Plantation, I know a young Gentleman (eldest Son to the eldest Daughter, of a most great and ancient Earl of this Realm) in a servile Condition, E. Linc. but the good nature of his Master took him from Field-labour, (presently after he was informed who he was) and made him his personal Attendant, I say then, that it concerns the Nobility remotely, and may be a Caveat to persons Eminent: whom God and the Prince's favour hath raised up from mean degree, that they remember that providence can reduce them: And if it doth not them, yet Sons of theirs, to a Parity with the lowest; and therefore should when promoted, consult Salus Populi, which ought to be Suprema lex. The Reverend the Bishops they are concerned, they are but Tenants for term of Life, and since the Reformation, being permitted Marriage, they must (in their thoughts) reflect on their Issue. Neither are they in a Condition of Grandeur, so well able to overawe the overbold presumption of deceiving Knaves, as the Peerage, being commonly descended of Lower Origos, and so their Offspring being afterwards but ordinary Gentry: A modern Author Observes, That of all the Clergy men's Sons of England, none mounted above the Degree of Knighthood, although of Ireland had their Sons Peers. As for the Gentry, I need only say thus to them; if Lords Spiritual and Temporal be concerned, much more they, the Reason's aforesaid serving well, also (nay more properly) to their Condition. I come, now to the Merchants and Mariners, Horace says, Epistol. 1. Lib. Impiger Extremos currit Mercator ad Indos, Per mare pauperiem fugiens, per saxa, per ignes. The sedulous Merchant to the Indies hies, Nor fears he Seas nor Rocks, nor Sols hot fries, But under Risosque of these hard want he flies. And to no other end; but as the Poet says elsewhere; — Senex ut in Otia tuta recedat. Serm. 1. That being old, He may in quiet ease himself upfold. But many times it falls out contrary, that all this Endeavour gets him money but to buy himself Vexation during life, which really is great pity, none gaining a Livelihood with greater hazard of Life, Health and Means, than these last. Lastly, As to the Commonalty, Horace tell us, — Nil sine Magno, Vita labore dedit Mortalibus— satire. 9 Lib. 1. To Mortals frail Nature hath nothing given, But what they for with Labour great have striven. This hard Dole of Labour falls especially on the Mechanic and Husbandman, who most usually have nothing whereon to build themselves, save only the sweat of their Brows. And truly such as God hath left to their Self-indeavour, if honest Industry hath afforded them beyond then from hand to mouth, (if there be a Curse upon him that removes his Neighbours Landmark (never so little) and leads the blind out of the way) how much more upon him that defrauds these wholly of what they thus honestly gain; and being dim-sighted in these things, (unacquainted beyond their Labour and Endeavour) shall take an occasion from thence to deceive them, leading them into the Woeful paths of an utter undoing. And therefore, the Superiors (I have) before mentioned, being not (sibi ipsis solum nati) not born merely for themselves, will (I hope) take notice of this Concernment also, in respect of the last mentioned, as well as themselves. FINIS.