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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A95831 A plea for the common-laws of England or an answer to a book entituled, A good work for a good magistrate: or, a short cut to a great quiet. (Published by Mr. Hugh Peters:) So far as concerns his proposals touching the said laws. By R. Vaughan of Grays-Inne. Vaughan, Rice. 1651 (1651) Wing V135; Thomason E1379_4; ESTC R209371 14,946 40

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of his Book That Registers be setled in every Parish kept every year by two men chosen to that work and all Lands Houses and Alienations entred therein and Copies transferred to the County Town I suppose Mr. P. means That a Registry be setled c. Else there can be no sence made of the first part of his Proposal I know who writes it And therefore I say once for all I shall not cavil at those things in his Book which are ingramatical and so near neighbors to nonsence if by any means I may guess at his design and end This Proposal might have been spared it being already under the consideration of the Parliament and modelled in a far better and less chargeable way then this is For what a number of Registers will the Nation be troubled with if every Parish must have one when perhaps there will not be one Deed throughout the year at leastwise in some years to be Recorded in some Parishes there must at least be 10000 Registers besides the County Register in the Commonwealth for there are so many Parishes or thereabouts in the Nation and it will be hard to finde in every Parish so many able and honest men as can and will be faithful in the careful transcribing and transferring those Records To the second Proposal touching the Seal with the States Arms I shall say nothing The third Proposal is That in every County every hundred yearly chuse three men to be Peace makers to hear and determine all common Controversies between man and man from whom they may not Appeal That Peace-makers or Dayes-men should be is certainly a good thing agreeable to the minde and will of the great Law-giver of the World and Awards and Arbitrements are part of that Common Law which Mr. P. is so much against but in a different way then he would have it for we say that an Arbitrator or Peace-maker as he terms him in our Law Is a Judge indifferently chosen by both parties to end that thing which is in controversies between them and which they submit or refer to his determination ad Arbitriū An Arbitrator hath an Arbitrary Power while he keeps close to the thing submitted and so far there is no appeal from him his sentence being absolutely conclusive and not controulable by any Judge But here the Peace-makers are to be chosen by the Hundred in every County and they shall hear and determine every Common controversie whether the parties submit their Cases to them or no and that without any appeal from them which in effect is but thus much Three men be they wise or unwise honest or dishonest fools or knaves or both shall be chosen by the plain and generally ignorant Countrey men of every Hundred out of themselves to hear all common Controversies between man and man and to judge and determine them Arbitrarily And let them judge for fear or favor right or wrong their Decree or Sentence shall be like the Medes and Persians it shall be the ne-plus ultra to every man in every Hundred Whether this will not be of the most dangerous consequence to the Commonwealth that can be let him that hath but half an eye be the judge In the 38. pag. of his Book Mr. P. would have two or more Peace makers appointed in every Town or Place or Ward to hear the differences and Civil Controversies between man and man before any go to Law and if possible let them end it and he would have that done only by perswading Surely Mr. P. did not warily peruse his Book after he set down his conceptions This and the precedent proposition are direct contradictions In the 28. pag. he would have no appeal from the Peace makers but their Sentence to de definitive and pag. 38. he would have them onely to hear it before any go to Law and labor to determine by perswasion if they can I have a far better opinion of his last Proposal then his first Mr. P. further saith The happiness in Government will never lie in Laws but men But he must not deny but good Laws and good men together may make it more happy And further he saith That all good men carry good Laws in their bosoms And do they out carry bad also have they not a Law of Sin and Death as well as a Law of the Spirit of life a Law in their members as wel a Law in their mnide We know good men err dayly and the best of men sometimes there is no infallibility in their judgements and no impossibility but a good man may be wrongfully byassed In the 36. pag. of your Book the sixth head you verifie what is said next before That there are godly men not very wise nor just We could wish they all were both godly just and wise that should have the Judicatory Seat of decision and determination of mens interest and proprieties according to the good Laws made and ordained by Parliaments and not by Peace-makers In Page 31. Section four He tells us All Entayls may be cut off for ever and men have liberty to bestow what they have to whom they please the Eldest son having a double portion Observe the mischief and ambiguitie of this proposition The mischief of it because it designs the unsettlement of most estates in this Nation though conveyed upon never so valuable a consideration and setled forty fifty nay a hundred years ago yea though if it should be cut off the prodigal Father or other Ancestor have never so many holes in the bottom of his purse and be worse then the Infidel that takes not care for his own Family is this good councel M. P. That poor and helpless children should without any respect had to them be deprived of a livelyhood intended and provided for them when none was wronged no creditor in being and when the name of an estate and not the reality of it shall make the simple Creditor to trust beyond discretion for my part I think Caveat Creditor as well as Emptor if he trust Secondly The ambiguity of it First Cut of Entayls for ever then bestow as you please That is Entayl your estate again what signifies this you must explain your self to the world to whose censure you have submitted your book I and some others may conjecture what you mean And you say the Eldest son shall have his double portion as it is reasonable he should but he will be deprived if you will have Estates tayl to be cut off and the Creditor let loose a gainst him as well as others without respect or else your proposition will be partial which a Law for publique advantage should not be In the 32. page and the head M. P. sayes For a Body of Laws he knows none but what should be the result of sound reason nor any such reason but what the God of wisdom hath appointed therefore the moral Law called them ten words is best and the Judicials of Moses and Solomons