CERTAIN PROPOSALS OF Divers ATTORNEYS of the Court of COMMON-PLEAS, For the regulating the proceed at Law, and remedying some Inconveniences: Whereby the Client will be much secured, the Process shortened, the greatest part of the charge of most Suits abated, many unnecessary Suits in Law and Equity prevented, and the Creditor and Purchaser well provided for: and thereby Lending, Trade and Commerce advanced: Which is the end and desire of the Proposers. Presented to the Honourable  for the regulating proceed in Law Decem. 5. 1650.  
LONDON, Printed for W. Lee and D. Pateman, and are to be sold at their shops in Fleetstreet. 1650.   

TO THE RIGHT HONOURABLE the COMMITTEE assigned by Authority of Parliament for regulating the proceed at LAW.  
May it please your Honours,  
The humble Proposers observing some unnecessary charges and delay introduced by the corruption and multitude of Offices and Officers, which still increased, besides some inconveniences that the corruption of time had produced, the same being more obvious to them than others by reason of their experience in the practice of the Law: for remedy thereof consulted how to apply themselves to the Parliament, and to that purpose had several meetings together, wherein the Proposals now presented to your view were agreed on, as things that would conduce much to the ease, benefit, and safety of the Suitor, security of Creditors and Purchasers, make good provision against the most general inconveniences, prevent many frivolous and unnecessary suits, both at Law and in equity, shorten the process in many, and ease the charge in all; and (which is not the least of their ambitions) take away those aspersions that seem to blemish that Law, the Law of England, which they humbly conceive to be the most perfect Law of any humane Law in the World; a Law that admits Nullum absurdum, that admits nothing against the Laws of God or nature, against reason, or repugnant to any other Learning, wherein all matters of fact are adjudged and tried by twelve able discreet and indifferent neighbours to the place where the matter of fact arises, and the matters of Law are debated, adjudged, and determined by as many of the most ancient, grave, and learned Lawyers of the whole Common wealth, who for their great experience, integrity, and wisdom, are first deservedly called to the state and degree of Sergeants at Law, and after to be Judges; and the process of this Law is so quick, that it seldom happens any cause at Law depends above three or four Terms; but covetousness, the root of all evil having built some Floodgates upon the channel thereof, whereby the course hath been obstructed, stopped, or diverted out of its due course, and thereby more care taken to catch the Fish for the benefit of the Officers, then for the dispatch or advance of the Clients business, and the Proposers being unwilling to trespass upon the Freehold of others by pulling down the Wares themselves, have by the drawing the channel a nearer way in some Cases, and in other upon a lower flat, have nevertheless so ordered the business, as they humbly conceive that most of the Grist will be ground without paying Toll at those unnecessary Milnes. And because Reformation wrestles with many difficulties, it being hard to find an Ephesus without some Demetrius, or some Critic that will conclude the Shrubs seek the fall of the Cedars, hoping thereby to advance their own tops: the Proposers have been very tender not to propose any thing that may in the least degree seem to advance their own Interests, but many things that will turn to their particular loss, they always preferring the public good before their own particular interests. Neither have they rashly herein proceeded, having at least spent ten months in the conception, digesting, considering on, and composing of what they now present to your more grave considerations; and as they are not the issues of rash brains, so they have not passed without perusal and correction of many others of good judgement and experience, and are now to live and die under your Honourable censures: whereby if you shall receive any light to the furthering the good work in hand, or the Republic any benefit the Proposers have their wished ends, and humbly therein submit themselves and these their poor labours to your better judgements, by the hands of the most humblest of  
Your Servants, S. D.   

The humble Proposals of divers of the Attorneyes of the Court of Common-pleas, as the same were agreed on at their last general meeting held at Staple-Inne upon Friday the 24 day of May, Anno Dom. 1650.  
1. 
These Fines are the 200th part of the thing demanded, be it land, debt, or damage, and must be paid at the Plaintiffs entrance into his suit, though he never recover any thing.  They humbly propose and conceive that Fines upon Original Writs are against the Fundamental reason of the Common Laws of this Realm, which never imposeth Fines upon any but offenders: But these Addere afflictionem afflictis, are exacted of the party injured, who comes to sue for Justice, when the party delinquent too oft escapes the punishment. And therefore they humbly propose that the same may be taken away, and no more paid or demanded.  
2. They humbly conceive that the mean Process in suing to the Utlary are unnecessary, 
This is proposed to prevent the chatge and delay which the Client is now at, who must be two Terms in sueing to the Utlary, and is besides the delay put to the charge of three Capias, which are commonly sued forth altogether, and returned altogether in the Sheriff's name, but by the Attorney, but by this course of suing to the Utlary the process will be a Term shorter, and 5 s. 10 d. less charge, besides the Fine, if fineable and the proceed by way of Summons will case us of common Bailyes, and make sure that suits will come to issue in two Terms.  and do tend only to charge and delay: And therefore they humbly propose that upon two summons being made in Writing to the Defendant personally, or left with some discreet person (viz. some person of Sanae memoriae, and above the age of fixteen years) of his family, by the Sheriff or his known Officer, and returned served by him upon Record, the party Plaintiff may proceed to judgement in all personal actions in manner following, without appearance of the Defendant. (That is to say) the first Summons to appear being made by seven days before the day of appearance in form aforesaid, the party Plaintiff may enter his declaration in Court; and in case no appearance be made thereunto within eight days, that then a new Summons in the nature of a Scire facias briefly containing the matter of the Declaration to be awarded upon the Imparlance Roll to summon the Defendant to appear at a certain day to come against him, at which day if the party do not appear within eight days after and plead, and the Sheriff return him summoned by seven days, in form aforesaid, that then Rules having been duly given in Court to that purpose, judgement shall be given against such Defendant by his default: and that in all personal actions issues may be returned upon the Venire facias, 
The proceed to trial upon the Venire facias will bring many causes to trial a Term sooner, and will ease the charge about 4 s. 11 d. in a Cause.  & Writs of nisi prius awarded, and trials had, & tales de circumstantibus granted thereupon as formerly upon the habeas corpora & distring as jurat, provided the Jury be returned ten days at least before the trial of the cause, and that no essoign shall or may be allowed upon the return of any of the said Writs of summons or venire facias; and in all other process the ancient course to be observed which is only proposed by way of supplement, 
It is not proposed that the Writ of Capias shall be taken away first, because many persons have no certain places of abode. Secondly the way of summons being a new manner of proceeding, the proposers doubt the success may not answer their intentions and expectations. Thirdly, because in some cases the party plaintiff may have just cause to require special bail, of which if deprived, he would be in danger to lose the benefit of his suit, and therefore the proposers humbly conceive it better by finding out nearer and cheaper ways to bring the old road to be neglected, then to deprive the suitor of the old before he hath experience of the new.  and not to take away the ancient course of proceeding by way of Capias and Exigent, if the case require it. But if so, than the Exigent to be awarded upon the return of the first Capias, as formerly upon the plur. Capias, and as it is now used after judgement. And for encouragement of the Sheriffs in the due execution of the said process, They humbly propose that the like Fees may be paid upon the Venire facias for summoning the Jury, as formerly upon the Distringas jur. & habeas corpora, and that two shillings four pence may be paid for every Summons to be made, the sheriff undertaking to do the same in due time, viz. four pence for a Warrant, twelve pence to the Bailie that makes the Summons, and twelve pence for the Sheriffs' regard; And that he shall receive likewise twelve pence for the return of every Summons duly made; and that the plaintiff may lay his Action in the proper County where the cause of Action shall arise, notwithstanding the Summons go out into a foreign County, where the parties dwell, and that without the delay of testatums, and that so all succeeding process may issue into any County without testatum.  
3. They humbly conceive the recovery of Rents, 
The Process In Replevin at this day is so delatory, that if the Plaintiff will (who upon the matter is defendant) he may delay the Avowant two or three years, for after long delay in the County Court, he may make a long and delatory defence after removal, and descend to issue and trial, and then become Nonsuit, whereupon the avowant shall have a Returna bahend. the Process whereupon will spend well nigh a year, and then the Plaintiff may sue a second deliverance which supersedes the avowants Process and puts him to a new proceeding to trial, which will spend a great part of another year; but by the course proposed, three Terms will dispatch the business, as in other cases.  Services, damages for Trespasses, and other duties by way of distress, is both a ready and ancient course, and prevents many unnecessary suits, but by the intricate and prolix process thereof, the same is very much abused, and from thence neglected. They therefore humbly propose, that a nonsuit in a Replevin may be perem ptory against the Plaintiff; and that if the same shall happen upon trial, the Jury sworn for trial of the issue may inquire of the Avowants damage. But if otherwise then a Writ to inquire of damage to issue, and final judgement to be thereupon given in both cases, and that against the Defendant like process may issue by way of Summons, and judgement had as aforesaid, without the unnecessary proceed in the County Court.  
4. They humbly conceive that the long delay, that real Actions admits is the occasion, 
One halfe of all trials on Ejectments fall off upon some defect or other in these points which reach not at all to the merits of the cause.  that all titles, where the entry is not taken away, have of late been tried in Ejectments, which for that purpose are very useful; but there being so many circumstances in sealing the Lease, entry and ouster necessary to be proved upon trial, that many trials have, and continually do miscarry thereby to the great delay and damage of the Client; they therefore humbly propose that all Ejectments shall be brought against the present Tenants and occupiers of the Lands in question, against whom such process by way of Summons shall issne, as aforesaid: And that upon trial of the issue the Lease, entry and ouster shall be admitted, and the title only insisted upon, and that for the better settling Possessions according to right; and by the Common Law it may be provided, that if any person or persons after any possession shall be delivered by Writ of hered. 
This is proposed to settle the possession by the Common Law, for at this day after the Client hath settled the title at Law, which often proves tedious enough, he cannot settle the possession without a Decree in Chancery, and here is no provision made for those that enter to make Leases for trial of titles, because they may proceed by Summons against the Tenant of the Land if they will, according to the second Proposal.  facias possessionem, or other legal process shall again oust the party, or voluntarily distribute the possessions so delivered without legal process warranting the same, that then a Writ in the nature of a Writ Redeseisme may issue to the Sheriff to re-establish the possession in the plaintiff, and to give damage, etc. as in case of Redeseisme hath been used.  
5. They humbly conceive that the Common Bar and new assignment in actions of trespass, 
The Common bar and new Assignment puts the Clients in every Action of trespass quare clausum fregit, that comes to trial to at least twelve shillings charge and may be supplied by three or four words in the Declaration, and put the Client to no charge at all, and the recital of the Writ in many Actions almost doubles the charge to the Client, and is useless.  quare clausum fregit, and the recital of the Original Writ in actions of trespass, and upon the Case, and several other actions are superfluous things, and infinitely increase the charge of the Client: They therefore humbly propose, that in all Actions of Trespass, quare causum fregit, the place may be assigned in the Count, And that for the future there may be no more recital of the Original Writ, other then in the form ensuing, (that is to say) A. B. attach. fuit ad respondend. C. D. de placito tr. or de placito tr. super casum, or the like, as is observed in the Upper Bench; and the Originals in all personal actions to be made accordingly without repetition of the special matter.  
6. They humbly conceive, 
Many Judgements are daily reversed for want of Originals, which sometimes happens because the Attorney rather than he will pay a post Terminum or more, which is twenty pence a Term, he will hazard his Client's cause, which Fee was originally intended as a punishment upon the Attorney for his neglect; but it turns too oft to the destruction of the Client: and therefore the Proposers have proposed the punishment to return to the Client's relief and not destruction. Other times this mischief happens because an Attorney pethaps may forget in due time to sue out the Original, and after when he sees the default, he would amend it, but the Creditors holding a course for their own benefit that no Original Writ can be sued forth returnable of a former Term, but within the first week of the ensuing Term, the Attorney is therefore restrained to do his duty to his Client.  that by reason Original Writs are not duly sued forth and filled, many judgements are daily reversed, and in the time to come are subject to the like inconvenience by the carelessness neglect or forgetfulness of the Attorney or Clark, or to save post Terminunis which turns much to the prejudice of the Client: And therefore they humbly propose that from henceforth there may be no restraint, but that the Plaintiff may at any time before the want thereof assigned for Error, sue forth and file any Original Writ, or other Writ to make good or warrant any judgement. And that for the fyling of original Writs no post Terminum be demanded or paid; and that then, if any Judgement happen to be reversed for default of Original Writ, the Clerk or Attorney in whose default the same shall be, shall and may be fined in such sum to be paid to the party grieved, as the Court shall (having respect to the quality of the offence) think meet and impose.  
They humbly conceive also that the not due fyling of Warrants of Attorney, 
The Warrant of Attorney originally seemed of good use, but now it. is only filed by the Attorney, and is of no use at all, but puts the Client to some charges and much hazard, for that the want thereof is sufficient cause to reverse a Judgement, and the fyling now of no use.  which through forgetfulness or carelessness is often neglected, is very dangerous to the Client, and yet of no benefit or use at all, and therefore they humbly submit it to the judgement of the Parliament whether the same be not fit to be discontinued, and the penal Statutes for the enjoining thereof repealed.  
8. 
This is the most unreasonable charge upon the Client that can be invented, which is the tenth part of what damage soever the Plaintiff recovers: as if the Defendant upon a bargain promise to give the Plaintiff a 1000 li. which he recovers in damage, the Prothonotary shall have 100 li. and doth nothing for it, nor can justify the giving of any costs for it was originally, as is conceived exacted by the Clergy as a personal Tithe, the Clergymen being the Clerks that Writ to all or the most of the Courts at Westminster.  They humbly conceive, that Damage Clear is both a great and unreasonable burden to the Client, who after a long and tedious suit, must have his Debt or other duty Tythed; a duty anciently belonging to the Clergy, but is now converted to an improper use (as they humbly conceive) And therefore they humbly propose, that the same may be taken away, and no more paid or demanded.  
9 They humbly conceive, 
The ordinary charge of a Fine comes to about three pound, besides the fine and post sine, which is the fourth part of the yearly value, and the ordinary charges of a recovery, comes to about 4 l. besides the five, which comes to a tenth part of the yearly value, but if done by attorney, and not in person, amounts to much more, and these so dangerous too that the carelessness or knavery of an Attorney, or Officer may leave them at fast and lose, and the satisfaction a purchasor can receive by them is nothing at all, for that no man, but the parties privy can tell of what Lands they be sued forth off, when as a deed enrolled may be enrolled in both offices, for a ten or twenty shillings charge that shall contain all certainties, and subject to no error: and though Statutes by reason of the general Office may be found, yet purchasers shall never be secured against judgements and recognizances without such course; perhaps it may be objected, that many that own moneys, and make mortgages, would be loath that their conditions should be known; and that it would be a hindrance to commerce and trade; to which it is answered, that it is better that such commerce should be lost, whereby much honest trade will be advanced, for that men will freely and frankly trade, lend, buy, etc. when they know they cannot be cozened in their assurances, but here as in all other cases, the proposers leave fines, and recoveries, being very ancient and authentic conveyance to the Client to use, or not to use.  that Fines and Recoveries for cutting off Intails are both a great charge to the Client, and very dangerous in point of Error, and the same contain not any such certainty of the lands, as were necessary to satisfy and secure Purchasers and Creditors, and that also Intails are very dangerous to them, and were first obtained, and since continued to avoid forfeitures, which they humbly conceive, is not proper to a well governed Commonwealth; and therefore they humbly propose, that Tenant in tail may be empowered to alien, as if he had the absolute Feesimple; and that as well the Lands of the Tenant in tail; as also the Copyhold Estate of Copyholders may be subject to their debts in whose hands soever they come, as other Freehold Lands in Fee simple are, and that such Alienation by Tenant in tail, and all other Estates made of any Lands, Tenements, or other Hereditaments, or of any rent, or other profit issuing out of the same, shall not be valued as against any creditor or purchasor for valuable consideration, before the same be enrolled in some enrolment Office to be established in the proper County, and transcribed, and also enrolled in some general Office of inrolments in or about London or Westminster, and to be of effect as against such purchasers and creditors only from the time of the enrolment thereof, and that Offices be erected as well for the doing thereof, as also for the brief entering, enrolment, and recording of all Judgements, Statutes, and recognizances, to the execution whereof any Lands, Tenements, or other Hereditaments is or shall be subject or liable; and they likewise to be of force as against such Purchasers, and Creditors from the time of the enrolment only, and that reasonable Fees may be settled by the sheet containing certain numbers of words for the doing of the same. And they humbly propose, that such deeds enrolled shall be of the same effect as Fines are, and were either at common Law, or by any Statute, Feme coverts being duly examined by the Recorders or Registers (who they desire may be men of great integrity, judgement, and worth;) and one Justice of Peace, as formerly upon the taking the acknowledgement of fines hath been observed. 
If the Client because he can get no Process served upon the Defendant be forced to utlaw him, and then be forced to seize his Land to force him in, the profit goes into the Exchequer, and the Client loseth all, or else shall be put to the charge of a Lease which will lie him in above 20. Marks, and 4 l. or thereabouts yearly to continue it, and then if the party plead some feigned Title, or reverse the Utlawry, all is lost, and it is desired, that if the Parliament conceive it fit, that this Proposal be reduced to a Law, that care may be taken in the penning it, that the Exchequer Clerks may not evade it, for that lowable Laws will not hold them.   
10. And whereas the Client is often enforced to utlaw the Defendant by reason he absents himself; and after a long chargeable, and tedious suit, is put also to seize the Defendants Estate, and expects thereby to receive the benefit of his suit, when contrary to the poor suitors expectation, the whole benefit is swept into the Exchequer. They therefore for remedy thereof humbly propose, that the Plaintiff in such cases may have the benefit of all seizures upon Utlawries till his debt, or other damages with reasonable costs be satisfied and paid; and that to that end Process may issue out of the Exchequer, by which the Sheriff may be authorized, and commanded to deliver all such Goods, and Chattels, and satisfy and pay all such moneys by him to be levied to the Plaintiff, until he be satisfied of his debt or damages, with reasonable costs to be assessed by the said Court; and that afterwards the Sheriff be accountable in the Exchequer, for the profits, 

The Parliament having already observed the inconveniences of Writs of Error have provided some remedy against the mischiefs of them, but the proposers having contrived this proposal before that was published, and finding (as they conceive) that the new Act will not produce that good effect that was intended, they have presumed to proceed upon their former grounds, and humbly present these Cases which they conceive are not provided for by the said Act.  
1. The new Act only remedies after Verdict, and they humbly conceive other Cases are within the same mischief, and deserve as much favour, for that those that come to trial are most commonly frivolous wrangling Actions, when the other are for securing debts upon bond, and often of great value.  
2. It is that no Writ of Error should be a Supersedeas, etc. And they conceive that it only takes away the Supersedeas by the Writ of Error, but not that which is cursitorily made upon the Wit of Error.  
3. Admitting it doth take away all Supersedeas, which they humbly conceive was intended yet because the Act doth not appoint what Court shall make the execution, they humbly conceive that Act avails little, since the Common Pleas, or inferior Court, after the Record removed cannot make out execution, nor the upper Bench till it is affirmed.  
4. The New Act gives double costs but because it doth not give execution for them, it is humbly conceived the party is put to his action of debt for them wherein he shall have no costs  
5. It provides that nothing shall be moved in arrest or stay of Judgement but matter of substance appearing in the Declaration and proceeding after, so that they conceive all matter deborst le Record is excluded, wherein though the intention of the Parliament was good, yet it is conceived that if the party be surprised for want of notice, or that a Jury miscarry themselves in giving their Verdict, and many other accidents of like nature, within the strict letter cannot be allowed in arrest of Judgement, which it is humbly conceived was not intended to be restrained by the Parliament.   as before times hath been used.  
11. And also when as the Client having run over all the Process and having obtained Judgement, and expecting his execution thereupon, Writs of Errors are often brought for delay, which though we humbly conceive our former proposals will make good provision against, yet the same being a Supersedeas, and admitting long Process, it is often more costly and dangerous to the Client, than all that hath proceeded; and though they humbly conceive appeals just and useful, yet to prevent the inconveniences thereof, they humbly propose, that no Supersedeas upon a Writ of Error be from henceforth made forth or allowed, but that the Court where the original Judgement was entered, may make forth execution, as though no such Writ of Error had been brought, or record transcribed, unless the party prosecuting the same deposit in Court, the money or other duty recovered, or give sufficient Bail, to satisfy the Judgement with the costs and damage awarded, in case the same Judgement be affirmed, or the Writ of Error discontinued or abated, or the Plaintiff therein nonsuited; and that the death of any party to the said suit shall not discharge such bail; and that from henceforth no Writ of Error shall be received or allowed, unless the same by returnable within eight days, if there shall be so many in Term; and if there shall not happen to be eight days in Term, then at the first return of the next ensuing Term; and that the Plaintiff in such Writ of Error shall without any scire facias, assign his Errors within four days after the return of the said Writ, whereunto the Defendant in the said Error may if he will appear gratis, and be at liberty to allege dimunution, or join in issue, and proceed to the examination of the Errors; and that in case Judgement be affirmed, and it appear any such Writ of Error shall be brought merely for delay, or that the matter assigned shall not be difficult, or abide argument, than the party Plaintiff in the said Writ of Error, to pay to the Defendant for his or their delay therein triple costs, and damage; and in case of nonsuite or discontinuance before argument, double costs, and in case of abatement, or in such cases where the matter shall be difficult single costs and damages; and that the parties may have thereof like execution as for the principal debt, or damages.  
12. They humbly conceive it fit, 
There is (by reason the Civil Law hath no compulsary Process) no remedy, but in Chancery for Legacies, where if the Legacy be small, it is quickly spent with a great overplus.  that some legal course were provided for the recovery of Legacies, and that the Client should not be forced to an equitable course in Chancery for every petit Legacy, the remedy whereby often proves worse than the disease. They therefore humbly propose, that an Action of debt, Trover, detinue, or other action, as the case requires may lie at common Law for the same, and that therein the thing demanded upon due proof made upon the trial may be recovered with costs and damages, and like defence, and process may be had therein, as in such other Actions are, or shall be used at Common Law.  
13. 
As the Law now stands, the heir may defeat all creditors, for if he fear the debts of the Ancestor, he may alien the same day his Ancestor dies, and leave the creditor no medium to bring his action, and though it is true that fraud may be averred, yet few frauds are hard to be proved.  They humbly conceive it very hard to the creditor, that the bare alienation of an heir should defeat him of a just debt, the same being often done merely in fraud, when perhaps the creditor's money purchased the Land descending; and therefore they humbly propose, that an Action of debt may lie against the heir in all cases, as well after as before alienation, and that his Person, Goods, and Land, may be subject to the execution for the debt of his Ancestors upon specialty, to the value of the Land descending in Fee simple, or Fee tail; and that such action, and this proposal, may (if the Parliament shall conconceive meet) be extended to the heirs of Copy-holders', as well as Freeholders.  
14. 
Many persons run into debt to buy Land, gain liberty in prison, and there live upon other men's Estates, and laugh them to scorn, which this it is hoped may provide against.  They humbly propose, that in case any debtor shall continue in prison upon any execution or Process of Law for due debt, above a year, or continue outlawed after judgement above a year after notice thereof, that then at the prayer of the Plaintiff, a Writ in the nature of a fierifacias may issue out of the Court, from whence the Process issued, whereupon he continued so in prison, directed to the Sheriff, whereby the said Sheriff shall be empowered to levy the said debt and costs by the sale of the Lands, Goods, Tenements, and other estate, which such debtor shall have in possession, use or trust in the hands of another, and satisfy the creditor therewith so far as the same will extend, and then the prisoner thereupon to be discharged. And whereas the Creditor is often defrauded of his just debt by the frauds, and coven of Executors, and Administrators. For remedy thereof they humbly propose, that in all cases, where Executors or Administrators shall suffer Judgement by Nihil dicit, nonsum informatus, or confession, that Assets shall be presumed, and execution issue immediately against their Persons and estates, and that upon all Trials of plene administravit, the defendant shall exhibit a true Inventory, and the Judge before whom such Trial shall be had may be authorized to examine such defend. or defendants upon oath to the truth of the same, or other wise Assets to be presumed, provided that in case the party defendant shall happen to besick, or have necessary occasion to be absent at the time of the said Trial, that then if the defendant or defendants shall come be-before fore any Judge of the same Court where such cause shall be depending before the said Trial, 
At this day if an executor give Judgement by default, the plaintiff must either procure the Sheriff to return a devastavit which will not be had but by bribes and security, or else he must proceed by way of inquiry, which is a very questionable way, and as seems very dangerous for defendants for if an Inquest of office find assetts, the defendant hath legally no remedy, though in strict Law he hath no way to avoid it, having no day in Court after judgement, nor attaint against the Jury; and now because the Civil Law hath no compulsatory process, it is hard to charge Executors or Administrators with an Inventory, and those that are then delivered in are carelessly received, and the oath for the truth thereof too often not duly administered.  and exhibit an Jnventory, and be examined to the truth thereof upon oath, or shall come before any two Justices of the Peace of the County where such cause shall be tried, giving the plaintiff or his Attorney notice thereof, and shall there exhibit an Inventory, and be examined upon oath to such reasonable questions as the plaintiff or his Attorney, or such Justice on his behalf in his absence shall propound concerning the truth thereof, that then such Inventory shall be as effectual as if the same had been exhibited in form aforesaid upon Trial of the said cause, and that the Judges and Justices aforesaid may be empowered to administer and examine upon oath as aforesaid.  
15. They humbly propose, 
The present inconvenience concerning Tithes is very great, the Civil Law not having power to proceed, and the Common Law only for predial Tithes, wherein though triple damage be given, yet because there is no costs they are not worth suing for, unless of some considerable value, and Justices of Peace, few of them being Lawyers, cannot well judge therein.  that in case the Parliament shall think fit to continue payment of Tithes, that then an Action of debt, detinue or trespass may lie generally at Common Law for the same, as well before setting forth as after, wherein damage and costs may be recovered, as in other like Actions at Common law.  
16. They humbly propose, that for the avoiding of unnecessary and frivolous suits at Law, that it may be enacted, that if any Attorney or Solicitor shall deposit in the defence or prosecution of his Clients cause any other or larger sum or sums then so much as the charge thereof shall surmount unto in Easter Term, Trinity Term and the short Vacation, or in one other Term and Vacation, that then such Attorney or Solicitor shall be without all remedy to recover the same against the Client at Law.  
17. And for the further avoiding of the frivolous suits at Law, 
In Replevin at Common-law tender of amends before impounding in all cases was a good bar, and by the Statute 21. Jac. in trespass, for involuntary trespasses tender of amends is made a good plea being done before Action brought; but because many times impounding and actions are made and brought perhaps before the Defendant hath any knowledge of the trespass, this proposal is presented: But for voluntary trespasses it is conceived fit to leave them at the Common Law to prevent greater inconveniencies.  they humbly propose, that tender of sufficient amends with costs for all involuntary Trespasses may be a good bar in all Replevins and Actions of Trespass brought for the same, so that the same be done before the Rules be out for pleading in such Action.  
18. And for the relief of distressed Widows that have no Jointures, 
By the Common Law the Widow cannot intermeddle with the Inheritance of her husband till her dower assigned or recovered by Action, and the process is so delatory therein, as that she may perhaps be two or three years before she shall have her Dower assigned by Law, besides the great charge, and twenty accidents may abate the suit to set her how to begin and lose her costs, as death of Tenants, marriage, entry upon any part of the Lands, etc.  they humbly propose, that it may be lawful for them to hold and enjoy all the Lands whereof the husband died seized of any estate in Fee-simple, or Fee tail in Demesne in common with the heir, until such time as the heir shall assign her or them Dower to the value of a full third part thereof in severalty, and that of all Rent and other Inheritance and services whatsoever, whereof she is Dowable, and the husband dies seized, she may take and seize, or have and maintain all Action of Debt, or distrain and avow for a third part thereof, until such assignment. And that this proposal may extend to Coppyhold Lands where the wife is Dowable, as well as Freehold.  
19 And for the avoiding many unnecessary, 
At Common Law solvit ad diem, or nil debet is no plea to a simple obligation or Bill, because the same is not of so high a nature, so that if the plaintiff were knavish in all the cases in this proposition, he might force the Defendant into Chancery, where both Plaintiff and Defendant spend on the Defendants part.  prolix, and costly suits in Equity, they humbly propose, that to all Bills, Bonds, and other specialties for payment of money, or delivery of goods, or ware which are paid or delivered, and accepted by the Plaintiff, though not at the time and place, nil debet per primam may be a good plea for the Defendant. And that in all other cases the Defendant may plead or allege quae prist à payer, and tender in Court the principal debt, or other duty, with Interest and charges; or if part only be paid, or delivered and accepted, the Defendant may be admitted to allege the same, and allege priest à payer, or deliver for the residue, and tender in Court the residue of the debt or other duty, with interest and costs; and that in both cases the Plaintiff shall accept thereof, or be clearly barred of his Action in case he shall take issue thereupon, and it be found against him; and that like pleading and tender may be allowed and received upon Mortgages within seven years, or some other certain time or number of years after forfeitures; and that after such time elapsed no Mortgage may be redeemable either at Law or in Equity.  
20. And further they humbly propose that to take away occupacy, estates for life may be deviseable, 
By the Law at this day, if a man that holds for another man's life happen to die, and have not assigned over his Estate, he that next happens possession, though a stranger, in strict Law goes away with the state; wherein though the Law directs the state upon very just ground, viz. that in equali jure melior est conditio possidentis, yet because many inconveniences happen hereby, this Proposal is submitted to judgement.  and in fault thereof discendable to the heir, and make the heir subject and liable to the debt of his Ancestor, to the value thereof.  
21. And lastly, where as the Parliament hath lately enacted, that the Defendant may in all eases plead the general Issue, 
For if the Defendant being an Executor shall plead non est factum to a Bond, which is conceived to be the general Irsue, the plaintiff shall be put to prove the Bond sealed and delivered, that the Defendant administered, and hath assets, and then the Defendant may prove payment, or that the Bond was made per dures etc. and many other cases are brought within the same mischief.  and give the special matter in evidence, which they humbly conceive may be of great benefit and ease to the Defendant, yet it may be of infinite inconvenience to the Plaintiff, who thereby will be necessitated to very great charge in bringing to the trials of such Issues many witnesses that otherwise might have been spared; besides the many dangers that will inevitably fall upon the Plaintiffs, to the loss or hazard of their causes. For the preventing of which mischief, it is humbly proposed, that by way of supplement to that Act it may be provided, that in all cases where the Defendant shall plead the general Issue, and intends upon the trial to rely upon any special matter, the Defendant or his Attorney pleading such plea, shall upon the tender of the said plea, or at least fourteen days before the trial of such Issue, give a note in writing under one of their hands to the Plaintiff or his Attorney of the contents of such special matter, whereupon the Defendant will rely at the trial of the said cause, and to be concluded to give in evidence any other special matter whatsoever, and that the Defendant may not upon any trial rely upon two special matters of justification; and that that act may not extend to Replevins, nor that the Plaintiffs put to prove any thing in relation to the maintenance of his Action, that such special matter had admitted, if duly pleaded.  
FINIS.