CERTAIN PROPOSALS FOR Regulating the Law, to make the same more plain and easy to be understood, and less Chargeable and expensive then heretofore.  
FIrst, I take for an undeniable principle, that the Law which so much concerns every man, ought not to be a Mystery, but as much as possible be made most prospicuous and evident to the meanest capacity, nothing being more unjust then for a man to be judged by a law of which he was avoidable ignorant. For if we consider the rise and original of all Laws, because men knew not when they did well, when they did evil, what was theirs what not theirs; they instituted Laws to the end every man might know his Duty and the penalty of transgressing. Moreover, it is a maxim in our own Law, that ignorance thereof excuseth no man, but every man is presumed to be conusant thereof. And it is a true saying, Misera est servitus ubi jus est vagum aut incognitum, It is a miserable slavery where the Law is incertain or unknown; a wonder it was to all wise men even to the ingenuous of the Professors of the Law themselves, that the Law should be kept so close locked up in an unknown tongue, when the reason why the Laws were first written in that brackish French, was because that Language was then best understood of those whom those laws most concerned (viz.) the Normans.  
Therefore blessed be God, it hath been and still is the Wisdom and Integrity of the PARLIAMENT, to make the Laws so plain and obvious to every understanding, that every man might know his duty and his property.  
The Laws of this Land are either Criminal or Civil; as for the criminal Laws they are not so many or mysterious, but with a little study a man may attain to a competent knowledge thereof; but for the Civil laws, especially those which concern Lands, they are infinitely Intricate, mystical, and expensive. Now because when a Disease is known it is half cured, that which I conceive is the cause thereof, is multiplicity and diversity of Tenors, and Conveyances, together with the secret and clandestine making of Conveyances. There are not so little as Ten several ways whereby men may convey estates of Inheritance, upon every of which depends such innumerable quirks and intricacies, all of them having several operations, that men which make it their whole studies all their lives long, can hardly if at all come to some reasonable knowledge thereof.  

Now that which I propose for the Remedy of this evil is—  
1. THat all Estates of Inheritances as well  as Copyhold, might be but of one Tenure, to wit, Fee simple. Entails, my L. Cook being Judge, having so fettered and entangled men's Estates, that infinite are the controversies which do ari●e thereupon. And to the end no man might be a loser hereby nor any man's Property destroyed, certain Commissioners not of the same County might be authorised to Assign and apportion to every Lord of Manor, some part of the Tenancy in lieu of his chief Rents, Heriots, and proquisites of Courts, etc. in case the Lord and Tenant did not agree between themselves.  
2. That there might be but one kind of Conveyance for all Estates of Inheritance (viz.) a Feoffment in fee executed with Livery and Seisin, or atturnment and intolement in the proper County.  
3. That every Lease longer than for Seven years, and all Wills that concern Lands, should be by writing to be enrolled likewise as aforesaid.   

If this were done, I am persuaded the Law—  
1. Would be reduced into one considerable volume, which now a small Library doth not contain; and there being but one Tenure and one kind of Conveyance, every man almost without Herculaean labour might attain to some competent knowledge thereof. And I would gladly know, why there should be so many sorts of Conveyances when one will serve the turn; unless it be to make the Law more mystical.  
Frustra fit per p●ura quod fieri possit per pauc 〈◊〉 ora.  
2. The excessive expense and chargeable ceremonies of Fines and Recoveries, would be saved.  
If in like manner all Conveyances were enrolled, then would there be plain dealing above-boord, the Commonwealth (1.) should be sure of their Escheats and forfeitures upon any Treason committed or otherwise.  
2. Purchasers should deal upon sure grounds, and not purchase a multitude of suits and troubles, in stead of an estate.  
3. Farmer's should be sure of their bargains, when they are sure their Landlords have good estates.  
4. Creditors should be sure of their Debts, whereas now men of very great estates in Lands, so convey and entangle them, that a Creditor can take no advantage against them.  
5. Men upon Marriages of their Daughters shall be much more sure of Jointures; and in general, in all Contracts and bargains there would be much more certainty, which is the mother of quiet and repose; whereas now who sees not the innumerable controversies do arise upon secret and clandestine Conveyances: also what abundance of Suits are commenced upon supposition that they have right but cannot come to know the certainty, because they can not come to sight of Evidence. How many poor Widows, Orphans, and others lose their right by reason their Evidences are imbezeled. These and many more mischiefs would be remedied by enrolment of Conveyances in the County.  
Now next of all let us consider what may be the Inconveniencies which may arise hereupon.  
And first it may be objected, that for Copy-holds the alteration would be very great; and that all Copie-holds pass by Surrender which do amount to as much as the Enrolment mentioned.  
For answer thereunto it is confessed, That Copie-hold Estates by reason thereof, are not liable to fraudulent Conveyances, and therefore there do not so many suits arise concerning Copie-holds as of . Yet notwithstanding, they being not extendible for Debts (which is a thing very unreasonable in my judgement, that a man should have any Estate not liable to the payment of his Debts) but chief, because they retain in them as yet more of Villeinage and slavery, by reason of the arbitrary Fines, Herriots, Oaths, and suits of Court due to the Lord than is well consistent with the Freedom and liberty of Englishmen. And to the end the Law might be the more easy and plain to be understood, and all occasions of Controversies as much as possible might be removed. I suppose it best that as aforesaid, all Estates of Inheritance of Copie-hold might be made free, and all lesser Estates made only liable to certain Rents, as of  lands.  
2. It may be objected, That it would be inconvenient to take away Entails, whereby some would lose the benefit of Reversions after those estates ended. As to that we know every Tenant entail at this day may at his pleasure make it Fee-simple. And for any thing else may be said therein, my Lord Cook in his first Institutes, fol. 19 b. shall answer for me in these words. (When all Estates were Fee-simple, than were Purchasers sure of their Purchases, Farmers of their Leases, Creditors of their Debts, the King and Lords had their Escheates, Forfeitures, Wardships, and other profits of their Signories; and for these and for other like causes, by the wisdom of the Common-law, all Estates of inheritance were Fee-simple; and what Contentions and mischtefes have crept into the quiet of the Law by these fettered Inheritances, daily Experience teacheth us.) So that for this change there is a sufficient Precedent, the ancient Common-law of this Land, and the advice of him who knew the Laws of this land aswell as most that ever studied the same, (viz.) the Lord Cook.   

Then also concerning the Inrolments aforesaid,—  
1. It may be objected, That a man cannot borrow money upon a Mortgage without letting the Country know thereof; now as for that I conceive it no great matter, if he that is rich be so esteemed, and he that is poor be so reputed.  
2. But then the main objection will be, There be many Conveyances which if examined would be found defective, whereby Estates which have long continued in a Family might be carried away to others. which in stead of ending Controversies would beget new.  
For answer to which, that admit it were so, yet that would be but only for the present, and after the first Suit it would be settled for Posterity. Moreover, it would but help those to possession to whom the Law had given most right.  
But for remedy of such like Inconveniencies, was a profitable Statute made in the 21. year of King James, (viz.) That after 20. years quiet Possession, no action should be commenced, unless in case of Infancy, Coverture, or the like; which Statute if it were enlarged and put in execution would salve that sore sufficiently.  
The next Proposal for to remedy delays in Suits▪ and to take away excessive Charge; is to take away Arrests in the beginning of suits. It would require a volume of itself to show the excessive expense▪ the great delays of Justice, the briberies and extortion by Sheriffs and Bailiffs, the batteries, barbarous cruelties, and many times Murders, and many other inconveniencies which do flow from this wicked fountain of Arrests.  
As for Example; a Nobleman or Great man, owes me 10, or 20. l. perhaps for wages or some other thing, for twice it may beaten times my debt, I cannot get him arrested, and until he be arrested I can never so much as proceed in my suit; and if after disbursement of a great sum, I get him apprehended I shall have some five shillings allowed towards it by the Court. So if a man live in some Privileged places, or rather which usurp such privileges there they secure themselves, and be their Estates never so great can by no means be laid hold on to pay their just debts. It would be too tedious to give instances of skulking wand'ring persons, and of some that secure themselves by the company of lewd and desperate fellows, that they can not be apprehended without abundance of charge and oftentimes danger of life; these Mischiefs are so well known that I need not further set them forth. I appeal to many men's experience, whether if the arrest of divers persons would not cost them more than all the charges of Suit besides, nay and their proper Debts to boot; and how many year's men may wait through the corruption of under-Sheriffes and their Bailiffs, before they can get a Debtor arrested, when if they were once taken the suit would come to Execution in three quarters of a year at most without much charge.  
Now for remedy hereof, I suppose a sufficient Summons might serve turn well enough, and so in default of not Answering, the Plaintiff upon proof and evidence-given might proceed to Judgement and Execution. For my own part I confess. I see no satisfactory reason but that every man, aswell as Tradesmen, might be brought within the Statute of Bankrupts. All that ever a Tradesman hath must be sold to pay his Debts; and why other men's Estates who are as justly indebted, as they, should not; in true reason I do not understand. The Law seems to me, too mild and remiss against the estates of Debtors, and against their persons as much too rigid and severe.  
Another Proposal is, that Experience doth show what very great delays and intolerable charges arise, from being tossed from Court to Court, (viz.) from Chancery to Common-law, and so back again; nay, I am persuaded that not one cause of ten, especially if of any consequence, but first or last comes into the Chancery merely for delays; by which means peaceable minded men, will rather give away half their right then be troubled to sue for it.  
Now the remedy hereof, I suppose might be to empower the Common-law Courts with equitable Jurisdiction, that the same Court might aswell determine the Equity, as the Law of every case.  
Another thing very necessary would be, That the Act for relief of Debtors might extend to persons which now are, or hereafter shall be Imprisoned.  
Lastly, it were to be wished, That the Committee for the Regulating of the Law, would procure some learned in the Laws who might be well Feed for their pains, to argue and set forth before them the Inconveniencies on the one side with the profit, and commodity on the other which may arise on these or the like Alterations their work would be much more easy, and they themselves the better able to ponder and judge what is fit to be done; it would not be Time, labour, or money ill spent, to procure good and wholesome Laws for ourselves and Posterity.   
Finis.