Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	call_v	good_a	think_v	1,468	5	3.8318	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A75547	Arguments and materials for a register of estates		1698 (1698)	Wing A3638A; ESTC R208633	9,868	32

Match into their Family are cheated and which should the Publick take care of that you should cheat for it is litte better or that they and perhaps your self in your own turn should not be cheated in this matter shewing is proving sufficiently As to Settlements if voluntary they need not be Registred however he saw not the harm of it if even those were so but why Men should value themselves as clear Owners of Mortgaged Estates and none able to discover the contrary he was not capable of understanding And he thought among the many advantages by a Register it was not the least that Men of Estates as in their Conversation so also in their Negotiations would endeavour to preserve Honour and a fair Reputation and do nothing Senceless and Imprudent much less so ruinous to themselves and Families as the Trade of secret Usury at present is As for quarrelling with Titles he thought it a Cavil exagerated more for Argument against a Register than otherwise for who now hath a considerable Purchase Deed made but by Advice and the forming a Legal Assurance is not such a Mystery but it is practis'd by every Attorney and many Clergymen and some Alehousekeepers make them after Precedents and in small things not amiss perhaps when they are publick Men will take better care and go to Councellors as the old way was which with the Men of his Profession he thought no objection But here he fell from the Matter to complain of the Puzzles in Titles from Fines and Recoveries which he said served for litte in themselves but to keep up a Jargon and Misterious Science beneficial only to Men of Law and Officers but a vast Charge to the Subject and that it were well the Law were declared more intelligibly Here one being charged with another Objection interrupted him desiring he would leave that Matter and return to the good old Cause of a Register he replied he was just at it and straight declared his mind plainly that were he to rule he would have every Registred Deed have the force of a common Recovery Fine and Non Claim This let loose a heavy Charge upon him for seeking to supplant so many Officers and their Families who had bought and subsisted by the Business of Fines and Recoveries as also a Revenue the Crown had from them He said no he would have the Registry advance and not diminish the Interests of all the Officers belonging to the Courts of Justice but it should be in a direct plain way and not by Ambage and Trick that is he would have them made amends either by being made the Officers in the Registry if they thought fit to accept or else by Money at full Rates and so also the Interest of the Crown might be answered And he thought a very small I and Tax to be collected gratis which all Men would willingly pay would much more than answer that Occasion He added that he thought it another infelicity this Affair had in Parliament that besides the endeavours of Attorneys Scriveners and other Persons who esteem the Vicious practice of the Law their gain there are so many Officers of Courts and in places who are prudent deserving Men and have good Esteem and Interest but thinking their Freehold as they call it purchased with their Money at stake in the Cause oppose a Register with all their force which hath considerable Efficacy for Men are loath to supplant the Livelihood of others not underserving without compensation therefore whatever Taxes were imposed on other Occasions he would not have one wanted for this which he thought no less important to the Publick than any in hand As for the Lawyers he thought they were in a mistake apprehending a Register would curtail their practice it seem'd more probable it would increase it for if Wealth and Security grew from a Register which would scarce be denied Law-Suits would grow no less It was ever found that multitude of Dealing produceth Controversie and Wealth Pride and Obstinacy Some Counties of England formerly noted for Litigiousness now are very peaceable not from any late clearness grown up in our Laws but on the contrary from Great Charges and incertainty of Success Besides few Law-Suits for Land are now upon nice Questions of Conveyancing but upon Mortagages Descents Dormant Intails and the like The great Land Disputes now run upon Trusts and Equities in Chancery in so much that the Attorneys at Law are glad to turn Sollicitors there to be imployed But to conclude for it grew late he said a Register had probably succeeded in King James's Parliament but for one Accident which was a Jealousie that the Officers who must be named by the Crown would be of a Faction not proper to be general Inspectors of Mens Estates He thought the Jealousie not Adequate but so it was that hint whispered killed the Bill It is not so now said he but yet I fear Whispers which are often more venemous to good Businesses than open Opposition having been so fatal to that attempt may also be prejudicial to this Upon the whole Matter he would have it confidered that it is impracticable to frame a Register without Objection from possibility of Abuse or perhaps hard Cases in some particulars which latter may be remedied if thought fit by a power set up to relieve for some time Nay he allowed that many unforeseen Abuses would afterwards in practice appear which no Human Wit or Sagacity could prognosticate but he would not have this keep down a good Constitution for as he said it was an Objection of the same force against all Law and Jurisdictions whatever And to see how little danger there was of that sort in this now Discourst of Register look said he to the Fenns where is a Parliamentary Register establish'd and practic'd for many years and no Forgery Abuse or so much as a Grumble for any thing amiss that he though a Neighbour ever heard of yet in the survey of that Office Let that Example of a very great Benefit in the end little or no Abuse in the practice answer all the Fears and Jealousies conjured up by Partial Interests Yet said he for once grant that many and considerable Abuses may be are we to be without Parliaments to regulate and polish in time what perhaps cannot be digested in perfection at first Establish a Register lay a Foundation the Care and Prudence of the best Men will help by degrees to give it perfection and looking forward only there is no danger of any great harm from it to any particular Person whatsoever And the sooner this is done the better for in process of time it must and therefore will be Why then should this or the next Age want it For my own part I confess these Discourses so recovered tho imperfectly in Writing have engaged my Opinion most clearly that a Register of Estates is not only useful but almost necessary to be set up in England for the Security of Titles to Land and consequently that it is every Man's Duty to promote it And it lying not in my way to join in so good a Work at present otherwise than by making these Notes publick I have committed them to the Stationer to launch in Print hoping whatever the Nations share is he may be no loser by so doing Misera servitus ubi jus est vagum FINIS

of Law Authentick in Westminster-Hall Que serra arrect sa follie and so for laches c. And in latter Days the Chancellors have said in open Court They sat not there to relieve Fools However pittyful we now are to careless and supine Men it is a sad thing that for their Sakes the wise and vigilant should have no sure Footing and in his Opinion they never could have in England unless a Register of Estates of some sort or other were Establish'd You may imagine that this Emportment of our Lawyers was no less diverting then a surprise because we all expected he should have taken the side of most of his Profession to be against a Register and some could not forbear asking the Reason of his differing so much from them in a Cause generally thought very opposite to their Interests for many promoted a Register in pique to the Lawyers and they on the other side were observed to defend as if the Freehold of their Profession were at Stake To this said he I do believe some Lawyers are mainly from that Motive against a Register others are so really thinking unseen Mischiess may spring from it and so to the Publick as well as to their Profession but on the other side many and of those some Eminent Persons have been for it And I must agree considering both sorts generally speaking the most publick Spirited and disinterested in Practice have been and are for it and those who court Business most are against it And if we reflect how the Interest inclines we may conclude if Registers were not highly Usefull or rather necessary you should not have the single Voice of a Lawyer for it and that some have been so is a greater Argument Pro then all the rest opposing is Contra. He mentioned my Lord Chief Justice Hales that great Light of the Law whose subtlety and foresight suggested so many Casualites upon a Register that he was afraid of the manner rather than against the thing as appears by his little Tract on that Subject which hath been made publick wherein he concludes with some Cautions to be had in the Modelling which shews he was not altogether against it And he said He had also seen a Tract on the same subject by another Eminent Chief of his Time who is earnestly and clearly for a Register And he had converst with many others of the Profession of great Value who were much for it But he told us frankly He thought the Lawyers were to be made use of by the Parliament in a concern such as this is as by a prudent Client who Consults them but determines upon his own Reason and gains his Advantage out of their Skill by smiting with Doubts and Questions as for Fire from a Flint A Man that in all his Affairs will blindly steer himself by regular Counsel If by Lawyers shall be strangely intangled in his Business if by Physitians lose his Health A Prudent Man vers'd in general Business and a Lawyer do well together but either apart is not so well It is the same in all other Arts and Professions the Formality of their Imployments oft-times wants a Ballast of Prudence It was lately observed in the Chancery That the best Advocates at the Bar did not make the best Judges upon the Bench to say no worse For they were Bred and Practic'd even to an habit of Spinning Cavils and Exceptions Pro and Con. and could not forbear when they were above it The Parliament should use the Lawyers as their Council to put in Form but make their own Bargains and therein they have reason to expect their Councils best Endeavours according to their Profession to draw up and execute in the best manner they can contrive but should not to be ruled by them Pro or Con positively upon the main for that is matter of Policy and Constitution more than Law Bring any Business to a Lawyer he goes to work with it as with a Title studying Scruples and treats it with a world of Subtlety as if it were to be instantly Tryed or he were to move in Arrest of Judgment or Quash an Indictment A Legislator is a Spirit above a Chiccaneur and must have a more comprehensive Aim than serves to kick down an Indictment or a Declaration He concluded it was a peculiar unhappiness this matter had in Parliament that the Lawyers were so much hearkned too he thought the other Members ought to understand so much as not to hang upon their Tongues either way nor to have their Eyes blinded with misty Objections which Interest and Partiality will ever be raising As to the matter it self a great deal was said and I wish I could express it with as much satisfaction as I heard it but what I can Recollect follows I. That if he were to Rule every Man should be obliged to Register his last Conveyances but knowing what a Bugbear that is and how apt to startle Men he was content to quit it and that the Register should look only forwards and be as Seed Sown in good Ground to grow up and get strength gradually and that more out of Incouragement then Compulsion II. Therefore it should be Enacted That after a time to be prefixt all Conveyances Assurances Last Wills Instruments and Agreements concerning Lands except Leases at Rack and all Judgments Statutes Recognizances Originals Filed upon Bonds against Heirs and in Warran ' carta lis pendens in Cancellar ' and all other Acts and Processes which may in consequence affect Lands in Purchasers Hands shall be Registred in _____ days after the Date or Execution and the Deed or Instrument it self be accordingly Marked otherwise to be Void against all subsequent Purchasers This is the gross Body of the Design Whence Observe 1. That the Deed hath not its Legal Force from the Register but as formerly and as other Inrolled Deeds have only in Case of Loss the Register like Inrollments for Safe Custody will be a clearer Evidence then any is yet for Repairing them 2. That Men are compelled to Register only their Sales Mortgages or Marriage Settlements upon Consideration as for Gifts and voluntary Settlements they may Injoy their Dear Darling Secresie 3. That the puzzle and charge to Search in Three Four or Five Courts and in the Common-Pleas no less than in Three several Offices for Judgments besides the Rolls Chapel and with the Clerk of the Peace for Deeds Inrolled at the Fine-Office for Fines and Recoveries at the Statute-Office for Statutes and at the Inrollment-Office for Recognizances with other Places he named where the Business of the whole Nation is Collected all together all which should be done be every one who would deal upon Judgment and not upon Trust is intolerable and sometimes pretended but scarce ever was supposing it possible which he did not grant to be done compleatly 4. The Business of Records will be brought into a Searchable compass and order for they will be distinguisht by Counties where the Land to