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A84297 An experimentall essay touching the reformation of the lavves of England anno 1648. By an impartiall well-willer to the peace and well-beeing of all. Impartiall well-willer to the peace and well-beeing of all. 1648 (1648) Wing E3880; Thomason E459_20; ESTC R201915 5,321 12

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AN EXPERIMENTALL ESSAY TOUCHING THE REFORMATION OF THE LAWES OF ENGLAND Anno 1648. By an Impartiall Well-willer to the Peace and Well-beeing of All. LONDON Printed by Matthew Simmons in Aldersgate-streete 1648. Concerning the LAWES TO reduce the Lawes to brevity let those matters which are the occasion of so many Lawes be taken away and let every one that shall sustaine any damage in the Common-wealth by it have just recompence and satisfaction for it The whole Matter of all Lawes is by Lawyers divided into Things Persons and Actions by Things they meane that which Men really have and possesse of Goods and Lands Persons are differenced according to their severall Conditions in the Common-wealth and so have severall Legall Capacities which Nature hath not produced those which are differences in Nature cannot be taken away but the other may in reference to the Lawes though such Distinctions may remaine still in Common acception And by Actions are meant the wayes and meanes to acquire their Right by Processe of Law according to Bargaines Contracts Deeds Wills Trespasses and Matters concerning the Pleas of the Crowne about Felonies Treasons and Matters of the Peace If these Three Generall Matters were reduced to their true naturall Singlenesse a short roome would containe all the Lawes of any Common-wealth or Kingdome The Common Law in England consisteth of many Auntient Customes and to rectifie inconveniences in those Customes as grievances have arisen Statutes have been made from time to time in Parliaments which hath caused a Multiplying of Lawes and severall Statutes about severall Clauses in former Statutes to the pusling of all people that are not Lawyers and many Statutes have been made about particular Customes of some Townes and Cities in the Kingdome which may be brought to one way alike throughout the Kingdome and it would make men better acquainted with every ones Right through all the Kingdome 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 recompence to the Party hurt according to the quality of the Offence people would be more carefull how they hurt any than now they are when none know now how to have recompence but a Lawyer and that with more expence of Money and time than most Injuries are worth and if some people wrong one another so they can keepe without Compasse of the Lawes they care not what they doe 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 Lawes that now are so many these small Rents they pay by reason of that which is commonly called the Tenures in England which were brought in by the Conquerour as to the Court of Wards which though that be taken away as to Knights Service in Capite yet that slavery will remaine upon People still as to free Soccage Tenure to their Great trouble under that Court and under Inferiour Mannours yes though all Lands should hold by the freest Soccage Tenure that can be But if all Tenures might be bought out by all owners of Land for a summe of money ready downe and so their Land freed for Ever as some Mannours have been extinguished by selling all the Lands free to the Copy-hold Tenants belonging to them for Thirty yeares Purchase because of the Fines at Deaths and Alienations their Lands might be bought thus free of all Tenures whatsoever and Land would be as free as it was to the Sonnes of Noah in whose time it was from the Gift of God himselfe as it is written Deus dedit Terram filiis hominum God gave the Earth to the Sonnes of Men. This would abolish and make voyde a great part of the Common Lawes of England and take away the grievance and burthensomnesse of innumerable intricate Lawes 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 doe it without wrong to the King and all inferiour Court Barons without wrong to meane Lords of Mannours to the Ease of the Subject for Ever and so of a Tythes 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 Trustees 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 rent so much a yeare for the Maintenance of the Schollers thot are to receive them Tythes in like manner which belong to Parsonages Vicuradges which are appurtenant to Mannours as the Copy-hold and Free-hold Lands are and it is as much reason all should be quite freed from the Inferiour or meane 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 dye 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 d●fferences in Places at Distance and all to beare their owne charges and Clarks Appeales might be to the Justices at every Quarter Sessions Indifferent Men might be chosen and appointed either to interprete the Will in some short time after the parties decease or to dispose of the Estate of the Party that made no Will according to Equity for the benefit of the Children and poore 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 Publique charge for the poore also it would so settle all Estates that few Evidences or Records and those briefe ones will need to be kept If all Trespasses and Wrongs by Word or Deed were to be determined upon or neere 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 satisfie so much Money as the Major part shall award in recompence this would put an End to another great part of the Lawes If also all writings of agreement whatsoever were made very briefe without words of forme as are now used but plainly to expresse the Matter and were entred in every Parish in some Towne-house of Records where the Parties dwell within a week after the writing made or else the writing to be voyde 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 expence 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 Lawes and see the Publique Lawes observed which might be few and very briefe concerning the punishment of those that shall be found wilfully to judge unequally when the Right is made so easie to be dis●●rned Also about Publique Rates and Payments of Money that all may pay according to their just proportion for mending of publique High-wayes Bridges Sea-banks and Sluces For keeping the poore 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 Kingdome For restraining common disorder in Innes and Alehouses and other disorderly Meetings Also for Ordering of Hawking Hunting Shooting Fishing and Fowling also the Militia and Armes of the Kingdome that all that are able to finde or serve in Armes be ready against all Insurrections or Invasions when the Parliament shall see cause Also to order the Propagation of Common Civility Learning and Christianitie by Towne-Meetings d Instead of Catechizing 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 Weeke and to have the Scriptures read also the Baptisme and Supper of Remembrance Celebrated in a discreete Christian way without offence to any Doubting Conscience To which End the Orders of Schooles 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 attaine the highest wisdome and ability to Teach in every Towne and moderate the Conferences that but one speake at once which may be done by a e Instead of Institution and Induction from the Bishops courts Commission from the Parliament as other Officers of the Common-wealth now have and not otherwise to avoyde the intrusion of illiterate Men to be Moderatours when the present Schollers that may doe it now shall dye or leave their Places and in Resolving Doubts and Questions which shall be made may not God stirre up the Spirit of wisdome 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 cleered and Resolved then Babell that Mother of Errour and Confusion will fall and all the Mysteries of God will be revealed and wee shall all rejoyce in that measure which God hath afforded in his severall 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 Sonnes of God It were convenient that there might be no Estate but Absolute for Life or Inheritance without Conditions and Entayles 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 Murther but to make fourefold Restitution for Felonies and if Men have not to Restore they might be made to worke in some place of Restraint till satisfaction be made then Men might not loose their lives for so triviall Matters but have time to live and Repent which Law would be full of Mercy to Mens soules agreeable to the Law of Love The Lord Cookes foure Parts of the Institutes are these First of Estates Secondly of Magna Charta and other old Statutes Thirdly of the Plea's of the Crowne Fourthly of the Jurisdiction of Courts these which contain the whole summe of the Law would all be rendred uselesse by the former Ordering of Matters and instead of the vast Body of the Law a few plaine briefe Lawes 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 briefe contence of all the Lawes might be printed in a Table or Little Booke for every one that can reade to make use of and if any inconvenience should happen to any upon the change of such a present reducement of the Common-wealth every ones Losse might be considered and if the whole be gainers they may in Reason give somewhat by way of Publique Assessment that will pay every one downe in ready Money for a Recompence And then all might have leisure to study the Mysteries of Art and Nature in their severall wayes to maintaine their Outward Life and also the Divine Mysteries in their severall wayes of their Inward Christian Life There will neede no Forrest Lawes if all Lands inclosed be bought Forrest free and Forrests bounded with lasting certaine bounds as Parks are The Lawes should be made as short and plaine 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 Reforme a Common-wealth without disturbance is to reduce it to its first Principles or Primitive Order From whence many Customes have been introduced and made Lawes to the prejudice of true Christian honest Liberty by the Corruption of the Times in a Common-wealth but the Roote and foundation of Law is very Good The way to make the best Platforme for a Common-wealth 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 Common-wealth and then it might easily be mended and made a better Common-wealth than ever was in the world by any humane appointment Also that all Lands in the Kingdome might be brought to the best improvement and that all Lands which hitherto have paid nothing may beare a just proportion according to their equall value in Publike Rates all Commons and waste grounds might be surveighed and inclosed and put into Farmes and the Rent imployed for the good of the Towne or that poore people might have rather more than their portion severally inclosed to themselves and the Rest to be inclosed according to every ones just proportion and that little parcels of Land lying at so Great a Distance as they now doe in some Common fields may by Exchange be laid together for the best Convenience and then inclosed Also where there are ill Fences without Ditches for boundaries which cause unjust incroachments 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 Controversie 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 severall Parts of the Kingdome 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 maine of these things may be setled in a Quarter of a yeare 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 Elsynge Cler. Parl. D.Com.