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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25633 A proposal for the erecting of county registers for free-hold lands shewing the great use and benefit of them. By E.B. Esquire. Bohun, Edmund, 1645-1699. 1697 (1697) Wing A3458A; ESTC R208899 10,245 14

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into the Register be fixed upon the Market-Cross of the next Market-Town to the Lands aforesaid and also in the Parish Church and that Lists of all Persons that shall so register their Lands be every Term hung up in minster-Hall so that all the World that can be any way concern'd in those Lands may have knowledge of it That it may be declared Felony without benefit of Clergy for any Man to register as his own another Man's Lands and that no Man be admitted to register till he has by Deeds exhibited proved his Title and those Deeds to be left for ●●x Months in the Register No Debt or other Incumbrance to be entred upon any Lands in the Register but in the presece of the Owner or of an Attorney at Law authorized so to do by the Warrant of the Owner under his Hand and Seal attested by three Witnesses and signed and certified to be true by the next Justice of the Peace to the Proprietor or Owner of the Land and all this made good by the Affidavit of the Attorney sworn before the Register and filed in the said Office And the Attorney that shall make any false Entry to suffer as in Case of Felony Amongst the many Objections made against these publick Registers one is that it will expose the Condition of every Man's Estate to all the World This will in great part be prevented by the Prudence of the Register whoso Interest it will be to have the Love of all those that are in the Register that it may grow and with it his Profit And yet he may by Law be bound not to expose the Condition of any Man's Estate but by his own consent and to such only as are to purchase or lend Money upon the same and such part only as they are to be concerned with The Register ought also to have a competent Allowance for all Searches Certificates and Letters by him written or made for the satisfaction of any Person that is to purchase or lend any Money upon any Estate that is entred in the said Register Besides the Fees that will be fit to be allowed to the Register it will be but reasonable that some small Fees should be allowed to Clerks imployed to draw up Copies Bonds Recognizances Affidavits and other such-like Writings which will be of frequent use and these Fees may be regulated by the Justices of the Peace in their Quarter Session and Tables signed by them and the Register be hung up in the Office that every Man may be certain what he is to pay And also all rules of Practice Bye-Laws and Orders ought to be hung up and the same Method be used by and towards all that are to transact any thing in the said Office The best place to fix this Office in is the County-Town or some other great place to which the Attorneys resort once in every Month for the holding the Sheriff's Court and by consequence this Affair may be then dispatched without making a Journey to no other purpose The larger the Bounds of the Office is the less will the Fees of the Register be whereas if his Bounds are small he must have the greater Fees to make up a Sum worth his while And it is the cheapness and facility of procuring Money that is the Benefit designed to the Borrower as Certainty and Security is to the Lender If we can gain these two Points the principal Benefit of Lands is gained which is to make the a Funds for carrying on the Trade of the Nation to the publick and private Benefit That in case of any Misfeasance a Complaint Bill or Information may be filed against the Register in the publick Assizes for the County by the major part of the Grand-Jury for the said County at which the Register shall ever be obliged to be present and to which he shall immediately plead and the next following Assizes the thing shall be heard and tried by the next Grand-Jury The Judge and the Bench who shall have a full and final Power agreeing altogether for each of them is supposed to have a negative Voice to discharge the said Register from his Employment or to fine him as they think fit without any Appeal to any other Court whatsoever And no Complaint shall be received against the Register as concerning his Office but in the Assizes of the same County It may be presumed ill Men will bear ill will against a Person that is supposed to have Power to force them to be honest contrary to their Inclination And when the Office is once setled and appeareth to have any Profit in it then Envy Covetousness and all the other ill Humours of Men will work powerfully against him to get him out that some factious and popular Man may get into the place against all which the utmost care is to be taken to secure an honest Man without encouraging a Knave if such an one should happen to get in to hope for impunity The same Free-holders may if they think fit choose a Treasurer besides the Register to take care of all Moneys lodged for the said Office or paid into it and then the Register will only be charged with the keeping the Records of the said Office In this Office all Deeds and Wills relating to Free-hold Estates especially might also be recorded for the preservation of them All that is desired is but this that all that will may have liberty to register their Free-hold Lands and Tenements to ascertain the Titles and incumbrances that are upon them and not that any Man that needs it not should be compelled so to do And that any Man that has entred his Lands may withdraw the same again as soon as he has discharged all the Debts that were due upon it there being nothing designed but the security of Purchasers and Lenders This would have these good Effects 1. It would make the Titles of Free-hold Estates as certain as that of the Copy-holds of which there is no certainty now by reason of latent Deeds 2. It would prevent Frauds in Buying and Selling Borrowing and Lending The Borrower could not impose upon the Lender because his Estate would appear in the Register as it was Nor could the Lender impose any hard Terms upon the Borrower because he would be able in a short time to pay him off and transfer the Debt to another Man 3. This would certainly lower the Interest of Money encrease Trade and Husbandry And if Liberty were given to transfer the Copies the Money lent might be assigned from one Man to another as the Bank Bills are So that in time it would be a kind of County-Bank and Money there lodged would be better secured than in any private Man's House wheresoever 4. The smallest Summ even to five Pound might have Land Security and the poorest Borrower or Lender an easie cheap and speedy Justice There can nothing be so wisely contrived but it will be attended with some Inconveniences and I will most readily grant this has many and great Inconveniences which will follow upon the setling of it the Prospect of which hath hitherto prevented the obtaining this desired Liberty 1. This will prevent great numbers of Law-Suits for which there will then be no occasion frequent Fines Procuration and Continuation Money which will bring great loss to the Lawyers and Money-Scriveners and to some of the most thriving Usurers 2. It will discover those Men that have mortgaged their Lands two three or more times over and perhaps for more than they are worth 3. It will reduce the greater Usurers to moderation and fair dealings I do therefore expect all these Men will oppose it to the utmost as it is their Interest to do For though they cannot take away the Integrity of an honest Man yet great care is to be taken it may not be known which are such For when Knaves are once detected they are undone and by them the Lawyer Money-Scrivener c. get all their Wealth FINIS