Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	judge_n	law_n	2,710	5	5.1476	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25990	An essay on a registry, for titles of lands by John Asgill ...	Asgill, John, 1659-1738.	1698 (1698)	Wing A3928; ESTC R40287	16,041	48

Law marks Felons in the Hand that none may trust them And yet after all this there is a Provision intended in the Bill for this Registry whereby any one may Conceal the Uses declared of his Estate yet so that there shall be some Notice taken of the Deed by which the Uses are declared that the Owner of the Land shall be incapable of Selling or Mortgaging his Estate 'till he doth produce that Deed whereby a Purchaser or Lender cannot be defeated Fourth Assertion That all Objections made against this Registry upon Account of Reducing the Practice of the Law are one good Reason for it PROVED The practice of the Law in Civil Causes is divided into three Sorts First The transferring of Titles which is called Conveyancing Secondly The shewing forth and defending these Titles in Forms of Law and this is called Pleading Thirdly The arguing upon these Conveyances and Pleadings when they come in contest before the Judges and this is called Practice at the Bar So that the Practice of the two latter doth arise from the Errors or Incertainties of the former Were the Titles of Lands once made certain which they may be by a Registry and no otherwise I know what I think of the future Gains of the Law The profit of the Law arises from the Incertainty of Property and therefore as Property is more reduced to a certainty the profit of the Law must be reduced with it the Fall of the one must be the Rising of the other Actions of Slander and Battery and Causes on the Crown-side would scarce find some of the Circuiteers Perriwiggs and yet if we observe Evidence they stand obliged to Disputes in Titles for many of these Theif and Whore Kick and Cuff are very often the Effect of forcible Entryes Trespasses and serving of Process in which the Title comes frequently in Question But the reducing this part of the practice of the Law are things not seen as yet The Proximus ardet will fall upon the Conveyancers and that not by altering the Forms of legal Conveyances or taking them out of their hands or putting any stop to the Dealing in Lands for that will be encreased but by exposing their manner of practice in this Conveyancing part of the Law For as it was numbered among the Sins of one of the Kings of Israel that he made Priests of the meanest of the people so it is the misfortune of the people of England that Conveyancers are frequently made out of Old Attornies or Noblemens-Lease-makers fumpt up in Bar-gowns Two Qualifications are necessary to a compleat Conveyancer First That he be incapable of dispatching Business so fast as he should Secondly That he doth not dispatch it so fast as he can Not to speak of bantering their Clients with their seeming Care and Caution in delaying their Business shewing great Trunks of old Writings in their Chamber calling to their Clerks before them for one Lord's Settlement and another Ladies Jointure to tell what great Clients they have and when they come to be paid they reckon their Fees by longitude and latitude I have seen an original Mortgage of one Skin bred up by a Scrivener in six Year to one and twenty by assigning it every Year and adding one Skin to every assigment by Recitals and Covenants As Cows after three Years old have one wrinkle added to each Horn for every year after which shows their Age And I am informed that one Deed of sixty Skins was heaved out of a Conveyancer's Office the other Day At this rate in a little time the Clyents must drive their Deeds out of their Lawyers Chambers in Wheel-barrows These Assignments and Re-assignments of Securities have been a pretty sort of Perquisites especially if they have but an old Judgment or Statute kept on foot these are certain annual Incomes I knew two Serjeants at Law Usurers made it their common practice every Long Vacation to swop Securities with one another to make their Mortgagers pay for the Assignments and doing this without Advice of Counsel they once Merged an old Term and thereby spoiled their Title to secure their Fees which as to them answers the Character given of these Graduates by a Forreign Historian Est in Regno Angliae genus hominum doctorum indoctissimum communiter vocat The Learned Serjeants at Law Now I cann't think but these Conveyancers and Assigners would be ashamed to produce such things to a Registry and that therefore they must either abbreviate their Conveyances or loose their Practice But whether this Registry will make these Reductions 1. Of the Length of Conveyances 2. The Incertainties of Titles And 3. By Consequence the other Practice in the Law I cannot tell However I hope it and believe some of them fear it But if the Cryes of Monks and Fryers had been regarded we had never heard of the Dissolution of Monasteries and if the Clamours of Masters of Request Clerks and Eschaetors had prevailed the Court of Wards and Liveries had been standing at this day And yet perhaps most of these had either purchased their Places or were bred up to that part of the Law only Fifth Assertion That the Assurance of the Title and Dispatch of Business by this Registry will be more than equivalent to all the Charge in Registring the Incumbrances PROVED The Certainty of Titles being the main drift of this Essay it would be too mean an Argument to use for it to say That the Charge of Registring of Deeds will be saved by reducing the Charges in making them altho' this be true yet granting it should not and that this Registry should be an additional Charge to all others yet the Priviledge of it will be worth the Price It is said that whenever the Ld. Ch. J. Hales had made a Purchase he would say Now I would give a Years purchase more to be sure of my Title And if we should ask those who have lost their Estates for want of a discovery of Deeds they would set a higher Price upon it Men generally make their Purchases with the acquisitions of all their former life to settle them on their Posterity for whom they are more sollicitous than for themselves and therefore they are always more jealous of the Title than the Value because a deficiency in Title goes to the whole but a deficiency in Value goes but to part only and for that Reason they would almost think nothing too much to assure them of their Title If a Man one hundred and fifty Miles from London is to sue his Neighbour but for 10 l. he must employ an Attorney in the Country who must send to another in London to make out a Writ and this must be Entered in one Office and Sealed in another and then sent to the Sheriff who must make out a Warrant and deliver it to his Under officers who must arrest the Defendant take a Bail bond to the Sheriff and after Bail given to the Action the Plaintiff must declare to