AN EXPERIMENTAL ESSAY TOUCHING THE REFORMATION OF THE LAW OF ENGLAND Anno 1648. By an Impartial Well-willer to the Peace and Well-being of All.  
LONDON; Printed by Matthew Simmons in Aldersgate-streete. 1648.   

Concerning the LAW.  
TO reduce the Laws to brevity, let those matters which are the occasion of so many Laws, be taken away, and let every one that shall sustain any damage in the Commonwealth by it, have just recompense and satisfaction for it. The whole Matter of all Laws, is by Lawyers divided into Things, Persons, and Actions: by Things, they mean that which Men really have and possess of Goods and Lands: Persons are differenced according to their several Conditions in the Commonwealth, and so have several Legal Capacities, which Nature hath not produced; those which are differences in Nature cannot be taken away, but the other may in reference to the Laws, though such Distinctions may remain still in Common acception: And by Actions are meant the ways and means to acquire their Right, by Process of Law, according to Bargains, Contracts, Deeds, Wills, Trespasses, and Matters concerning the Pleas of the Crown, about Felonies, Treasons, and Matters of the Peace. If these Three General Matters were reduced to their true natural Singleness, a short room would contain all the Laws of any Commonwealth or Kingdom.  
The Common Law in England, consisteth of many Ancient Customs; and to rectify inconveniences in those Customs, as grievances have arisen, Statutes have been made from time to time in Parliaments, which hath caused a Multiplying of Laws, and several Statutes, about several Clauses in former Statutes, to the pusling of all people that are not Lawyers: and many Statutes have been made about particular Customs of some Towns and Cities in the Kingdom, which may be brought to one way alike throughout the Kingdom; and it would make men better acquainted with every ones Right, through all the Kingdom: so that every honest understanding Man would be as well able to judge of Right, as any Judge of the Law now is or can be.  
If there were a Law made, that whosoever did hurt another by Word or Deed, should make recompense to the Party hurt, according to the quality of the Offence: people would be more careful how they hurt any than now they are; when none know now, how to have recompense but a Lawyer, and that with more expense of Money and time, than most Injuries are worth: and if some people wrong one another, so they can keep without Compass of the Laws, they care not what they do.  
There are small payments out of Land, the omitting whereof, sometime causeth the forfeiture of the Land, and how ever pusleth those that are ignorant of the Laws that now are so many; these small Rents they pay by reason of that which is commonly called the Tenors in England, which were brought in by the Conqueror as to the Court of Wards, which though that be taken away, as to Knights Service in Capite, yet that slavery will remain upon People still, as to free Soccage Tenure, to their Great trouble under that Court, and under Inferior Manors: yes, though all Lands should hold by the freest Soccage Tenure that can be. But if all Tenors might be bought out by all owners of Land, for a sum of money ready down, and so their Land freed for Ever; as some Manors have been extinguished by selling all the Lands free to the Copyhold Tenants belonging to them, for Thirty year's Purchase, because of the Fines at Deaths and Alienations: their Lands might be bought thus, free of all Tenors whatsoever, and Land would be as free as it was to the Sons of Noah; in whose time it was from the Gift of God himself; as it is written; Deus dedit Terram filiis hominum; God gave the Earth to the Sons of Men. This would abolish and make void a great part of the Common Laws of England, and take away the grievance and burdensomeness of innumerable intricate Laws; it would abolish the Court of Wards utterly, without need of any Office to Record where Lands are holden, and without need of any Act of Parliament to do it, without wrong to the King: and all inferior Court Barons without wrong to mean Lords of Manors, to the Ease of the Subject for Ever: and so of 
a Tithes may be first Compounded for, and then bought out by the Landlords, at about 15 years' purchase, as Men shall come to be able: and trusties to receive the Money, and pay so much as the Rent cometh to for it, till so Much land be bought and settled for it, as will rend so much a year, for the Maintenance of the Scholars thot are to receive them.  Tithes in like manner, which belong to Parsonages & Vicuradges, which are appurtenant to Manors, as the Copyhold and  Lands are: and it is as much reason, all should be quite freed from the Inferior or mean Lords, as from the Lord Paramount, the King, and his Court of Wards: and then the Law would not hinder but that all might dispose of their Lands by Will.  
But whether Men die and make Wills or no Wills, 
b Some in every Parish for all businesses within the Parish: and some the Justices of the Peace for the County, for differences in Places at Distance: and all to bear their own charges and Clarks. Appeals might be to the Justices at every Quarter Sessions.  Indifferent Men might be chosen and appointed, either to interpret the Will in some short time, after the party's decease, or to dispose of the Estate of the Party, that made no Will, according to Equity, for the benefit of the Children and poor Kindred, as the Case should require: and this would take away all Controversies in Equity and Law, about Wills and Legacies, with little charge to the Parties, and it would lessen the Public charge for the poor; also it would so settle all Estates that few Evidences or Records, and those brief ones will need to be kept.  
If all Trespasses and Wrongs by Word or Deed were to be determined, upon or near the Place where it was done, by Conscientious Men, with full power to make the Parties come viva voce, and acquitt all Matters between them to that Day, and to be bound by Bond to satisfy so much Money as the Major part shall award in recompense; this would put an End to another great part of the Laws.  
If also all writings of agreement whatsoever were made very brief, without words of form as are now used, but plainly to express the Matter; and were entered in every Parish, in some Town-house of Records, where the Parties dwell, within a week after the writing made, or else the writing to be void (except for petty Matters, for some short time between neighbour and neighbour) there would be no need of going to London about Suits, nor any expense in Law at home: there would need no Court of Common-Pleas, nor Chancery, nor Dutchy-Court, nor any Court of Law: but a Court of Parliament.  
The Court of Parliament might from time to time make Laws, and see the Public Laws observed, which might be few and very brief, concerning the punishment of those that shall be found wilfully to judge unequally, when the Right is made so easy to be discerned. Also about Public Rates and Payments of Money, that all may pay according to their just proportion: for mending of public Highways, Bridges, Sea-banks, and Sluices. For keeping the poor; for setting People on work, that there may be no wanderers, nor beggars. For Marketts, that Measures be all one and the same throughout the Kingdom. For restraining common disorder in Inns and Alehouses, and other disorderly Meetings. Also for Ordering of Hawking, Hunting, Shooting, Fishing and Fowling; also the Militia and Arms of the Kingdom: that all that are able to find or serve in Arms be ready against all Insurrections or Invasions when the Parliament shall see cause. Also to order the Propagation of Common Civility, Learning and Christianity by Towne-Meetings 
d Instead of Catechising old People, which they cannot be brought to in any so profitable way as by Loving conference.  of Conference, for instructing and edifying one another, and Resolving, Doubts, every First Day of the Week, and to have the Scriptures read; also the Baptism and Supper of Remembrance Celebrated, in a discreet Christian way, without offence to any Doubting Conscience. To which End the Orders of Schools and Universities might be viewed, considered, and amended, from time to time, as experience shall teach, for the bringing up all that will study; that they may attain the highest wisdom, and ability to Teach in every Town and moderate the Conferences, that but one speak at once, (which may be done by a 
e Instead of Institution and Induction from the Bishop's courts.  Commission from the Parliament, as other Officers of the Commonwealth now have, and not otherwise, to avoid the intrusion of illiterate Men to be Moderatours: when the present Scholars that may do it now shall die or leave their Places) and in Resolving Doubts and Questions which shall be made, may not God stir up the Spirit of wisdom in many, in this way, as he did in Solomon, to Resolve hard Questions or Doubts, nay all Doubts and Questions, that any can make: now when they are cleared and Resolved, than Babel that Mother of Error and Confusion will fall, and all the Mysteries of God will be revealed: and we shall all rejoice in that measure, which God hath afforded in his several Gifts to All, and live in unity till the Trump shall blow and raise the Dead, and the whole Creation be restored, to the Glorious Liberty of the Sons of God.  
It were convenient, that there might be no Estate but Absolute, for Life or Inheritance, without Conditions and entails, whether given by Will, or purchased by Deed in writing, and this would shorten all suits about Estates.  
If none were to be put to Death for any thing, except for Treason, Rebellion, or Murder, but to make fourfold Restitution for Felonies; and if Men have not to Restore, they might be made to work in some place of Restraint, till satisfaction be made; then Men might not lose their lives for so trivial Matters, but have time to live and Repent; which Law would be full of Mercy to men's souls, agreeable to the Law of Love.  
The Lord Cooks four Parts of the Institutes are these: First, of Estates; Secondly, of Magna Charta, and other old Statutes; Thirdly, of the Plea's of the Crown; Fourthly, of the Jurisdiction of Courts: these which contain the whole sum of the Law, would all be rendered useless by the former Ordering of Matters: and instead of the vast Body of the Law, a few plain brief Laws, like a new Magna Charta might be made, and that to Conclude, that every one may have their Right, according to the Law of the Land, and the Law of Charity; this is Salus Populi & Suprema Lex. And the brief contence of all the Laws, might be printed in a Table or Little Book, for every one that can read to make use of: and if any inconvenience should happen to any, upon the change of such a present reducement of the Commonwealth, every one's Loss might be considered, and if the whole be gainers, they may in Reason give somewhat by way of Public Assessment, that will pay every one down in ready Money for a Recompense. And then all might have leisure to study the Mysteries of Art and Nature, in their several ways to maintain their Outward Life, and also the Divine Mysteries in their several ways of their Inward Christian Life.  
There will need no Forest Laws, if all Lands enclosed be bought Forest free, and Forests bounded with lasting certain bounds as Parks are.  
The Laws should be made as short and plain as could be, without the nice words, and Tautologies, or Repetitions of Law that are now used.  
Sir Francis Bacon saith, the best way to Reform a Commonwealth without disturbance, is, to reduce it to its first Principles, or Primitive Order. From whence many Customs have been introduced and made Laws, to the prejudice of true Christian honest Liberty, by the Corruption of the Times in a Commonwealth, but the Root and foundation of Law is very Good.  
The way to make the best Platform for a Commonwealth, were to send Letters into All Countries of the world, and have a short draught from thence, of all the Excellencies and Inconveniences of their Governments, & some appointed, to compare all those draughts with our Commonwealth, and then it might easily be mended, and made a better Commonwealth, than ever was in the world, by any humane appointment.  
Also, that all Lands in the Kingdom might be brought to the best improvement, and that all Lands, which hitherto have paid nothing, may bear a just proportion according to their equal value in Public Rates: all Commons and waste grounds might be surveighed and enclosed, and put into Farms, and the Rent employed for the good of the Town, or that poor people might have rather more than their portion severally enclosed to themselves, and the Rest to be enclosed according to every one's just proportion; and that little parcels of Land lying at so Great a Distance, as they now do in some Common fields, may by Exchange be laid together, for the best Convenience, and then enclosed.  
Also where there are ill Fences without Ditches for boundaries, which cause unjust encroachments upon others Rights, that Parties might be Ordered, to give or take a Ditch, and to fell and part Trees In Fences that are in Controversy, that Men might live together in Peace without wrong one to another for afterwards.  
All these things may be effected without an Act of Parliament, or Repealing of former Acts or Statutes, by Commissions to fit Persons in the several Parts of the Kingdom, with small charge; and when they are effected, things cannot be reduced to the present troublesome way, by any new Act or Statute whatsoever afterward.  
The main of these things may be settled in a Quarter of a year, without any great trouble to any Body.  
FINIS.   

Die Jovis, 6 0 Julii, 1648.  
ORdered by the Commons assembled in Parliament, That all the Letters and Papers from the Commissioners of England in Scotland, delivered by them to the Parliament of Scotland, or Committee of Estates, and such Letters and Papers as they have received from the Parliament of Scotland, or Committee of Estates, and communicated to this House, be forthwith printed and published.  
H: Elsing, Cler. Parl. D.Com.