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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