THE LAWS DISCOVERY: Or a Brief Detection of sundry notorious Errors and Abuses Contained in our English Laws, whereby Thousands are Annually stripped of their Estates, and some of their Lives.  
By a Wellwisher to his Country.  
LONDON: Printed by R. I. for G. B. 1653.   

Courteous Reader.  
I Am forced for my countries' good, to become vulgar in providing this Winding-sheet for the Author's large and learned Treatise, which otherwise I fear might pass unviewed, both in respect of its Volumn, and our present Affairs; howsoever, I trust National Utility will pacify the curious, and counterpoise particular Interests, whereby it may be rendered readier for thy acceptance.  
J. F.   

THe Author was a Gentleman born to a fair estate, by degree a Barrister, who partly through sickness, and partly for Conscience, deserted the Profession of our Laws as Epidemically evil; he spent divers of his last years in supervising the defects thereof: Amongst many Grievances wherein he desired redress, Personal Imprisonment for Debt was one, and Insufficiency of our Laws for charging the Debtors estate, another: Therefore several of these subsequent Proposals, tend chief for securing of Creditors out of the Debtors estate, whereby the Debtors person may go free.   

The Laws Discovery.  
I. WHereas the Lands of a Copyholder, who is a Tenant at Will, according to Custom, are not subject to extent in his life time, nor liable to his Debts in the hands of his Heirs. It were convenient that some Plenary Act were made for Redress hereof; securing the Lords fine, and preserving the Custom of the Manor.  
II. That Leases taken for other men's lives, whether in Possession of the general or special Occupant, may be sujected to payment of debts; the Creditor whose money bought the Lease, or preserved it from sale, hath better right thereto, then either of these Occupants. Such defects as these protect Heirs in Burrough English; also when Lands fall to the youngest son of a Copyholder; neither of these can be charged upon Ancestors Bonds, because not Heir-general at Common Law.  
III. That an Heir of Tenant in Tail, may be liable to his Father's Debts.  
iv That some remedy be used for payment of Debts, where Parents purchase Lands in their children's names, with other men's moneys.  
V That where Heirs-alien Lands before Action brought by the Creditor, they may pay such Debts, and not leave the Creditor to a suit in Chancery in such plain Cases.  
VI That the Creditor for securing his Debt, have liberty to charge the Heir, and Executor both together, because it is uncertain which is best able to pay; if he recover of one, the other may stay his suit.  
VII. That younger Brothers, and grandchildren enjoying Lands upon dissent, be liable to pay Debts.  
VIII. That Coheirs in gavelkind, where Brethren inherit equally, may all as well as the eldest, be liable to pay Debts; also that Lands left in trust for Children, be liable to payment of Debts.  
IX. That Creditors have liberty to extend more than half the Debtors Lands for payment of Debts, which cannot be done at present.  
X. Whereas rich Debtors get their Lands extended by one Creditor or other, thereby to defraud the rest; therefore, that as Leases, Goods, and Bankrupt Lands are sold, so where the Landed Debtor will not sell within convenient time; that the Creditors should have the Debtors Lands to sell and dispose of returning the overplus to the Debtor, or else that some other convenient remedy be used herein.  
XI. That there were some place in every shire for Registering all Leases, Bargains, Conveyances, Statutes, Judgements, Recognizances, and the like, which any way concern the Lands in that Shire; in former times care hath been used for Recording of Bargains, Sales, and Statutes, within six months, but none at all for Leases, Feeoffments, Deeds of Covenants to stand seized to Uses, with Leases and Releases after them.  
XII. That Writs to take a Debtor dirregible, particularly to one, and generally to all other Sheriffs or Justices within England.  
XIII. That the Privileges and Abuses of Palatines, which extremely hinder Payment of Debts, be laid by with us, as they are in Portugal.  
XIV. That in regard Attachments prevent Arrests and Bloodshed, they may be used as well in other parts of England, as at London.  
XV. That as was used by the Ancients against Sanctuary-men, so instead of Appearances, notice by Justices of the Peace, or the like, may be given or left; and in case of Contumacy the second or third time, Process may be made against the Offender. This would prevent those Grievances by Outlawry, also the great Expenses in Chancery, the Abuses in Palatinates' privilege, the Exchange and Fairs from Arrests avoided, Trials by Ejectione firmae, and Abuses by under Sheriffs.  
XVI. To prevent the Abuses practised in Wills and Administrations; that in every great Town or Hundred standing Commissioners should be chosen by the Neighbourhood (and sworn before some Justices) for seizing and selling of Estates, unless Executors, or the like, give sufficient security to such Commissioners for the absolute Payment of all Debts, and that all Debtors be paid alike; this course might very much help Orphans, also the just Payment of Debts and Legacies; likewise it were good some strict Laws were made against imbezzling any part of such Estates.  
XVII. That Insolvent Debtors be freed from imprisonment, or else detained some short time at the Creditors charge, till their cause be determined, and that their Estates be seized for satisfaction of Creditors.  
XVIII. To help the Creditor for Matter of Proof, that the Debtor, or what others the Creditor or Judges think fit, may be examined upon Oath, as in case of Bankrupt.  
XIX. For the encouragement of Merchants, and some special Manufactures, as at Antwerp some Immunities from Arrests, at least for small sums, be conferred on the Professors.  
XX. Whereas Poor Men can seldom put in Bail, for want whereof, they suffer unheard many month's imprisonment, till their day of hearing comes, and are thereby often utterly ruined; therefore for prevention, that the Plaintiff by his own Oath, or of some credible person allowed by the Judge, declare the truth of the Cause; wherein, if he failed the prisoner, giving Authority for his appearance, to be dismissed without Bail, or which is better, that the Judge be authorised to determine of Law, Fact, and Equity, to avoid the Formality and Charge of pleading.  
XXI. That no person be held to Bail, who hath offered to pay without Suit of Law, neither should his person be liable to Execution.  
XXII. Whereas by that barbarous and senseless Law of Pressing to death, Rich and Landed men are encouraged to Steal, and Accessaries wholly escape; therefore if such manner of Offenders were attainted by verdict, such inconveniences might be prevented.  
XXIII. Whereas by Clergy many times Murders, and notorious Thiefs, are but warmed a little in the hand, because they can read; and another for a Sheep, or trifle, is hanged not for his offence, but because he cannot read: Therefore it were requisite, That this senseless and barbarous Character, which admits of much knavery and cannot be read by every good and able Scholar, were banished, as well as French, Latin, and Court-hand, especially in such cases which concern men's lives.  
XXIV. That persons accused for life, be permitted Council, in regard their fears render them often, both speechless and unadvised; bare accusations are not such sufficient condemnations, as to deprive any (though innocent) of Council in such extremity.  
XXV. That there may be but one Statute for one Matter and Repeals made total not in part, so that men may know what is enforce, what not, and live under such Laws, as it is possible to know which now they cannot.  
XXVI. That Reversioners have free power to dispose of their Estates without the Tenant's consent: This would both prevent many Chancery Suits, and secure Purchasers.  
XXVII. That the Statute of Merton may be totally repealed, and thereby those Ancient Local Customs confirmed in behalf of the Tenants and Inhabitants.  
XXVIII. That the uncertain Fines of Copyholders may be reduced to a certainty, either of an easy yearly Rent, or moderate Fine; also that the like might be done in servile Tenors and Heriots; this would prevent many Chancery Suits and Oppression by Lords.  
XXIX. That the Suborver, as well as the corrupted witness, should be stigmatised and disabled for future Matters; also, that whosoever unjustly takes away another's Testimony by making him a Party should lose his Sure, if proved: This is an old Chancery trick.  
XXX. That Trial by Combat may be suppressed as a Reasonless Law, and unwarrantable by God's Word.  
 
I Have narrowly Epitomised the Author, partly because others have (especially Mr. William Leech) treated at large upon some of these grievances; And partly, that as a compendium of many necessary Mementoes, it might produce an Active Remembrance in all true hearted Englishmen, and Worthy Patriots of their Country.  
FINIS.