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A54692 The reforming registry, or, A representation of the very many mischiefs and inconveniences which will unavoidably happen by the needless, chargeable, and destructive way of registries proposed to be erected in every county of England and Wales, for the recording of all deeds, evidences, bonds, bills, and other incumbrances : written in the year 1656 when Oliver and the Levelling-party made it their design to ruine monarchy ... / by Fabian Philipps. Philipps, Fabian, 1601-1690. 1662 (1662) Wing P2014; ESTC R14829 37,868 105

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to some few in particular yet such a Registring will certainly besides many other evils attending it revive and raise Controversies betwixt adversaries or such as have been the former owners or inheritors of the Lands make and multiply Suits which were never intended or incourage others to project or make designs upon men and their Estates and so breed and multiply Informers as few mens Estates or Titles shall be free from such kinde of Vermin and welwishers to themselves more then to the Commonwealth And if no other troubles shall break in that way lessen or take away the credit of those who were before reputed to have had a good Title to their Lands and Estates especially when the late Wars and Plundrings have lost or taken away a great part if not all of mens ancient and later Deeds and Evidences and where some shall appear to be Registred and others found to be wanting Or if they could be found or produced will many times be to seek for those that did seal or execute them whereby to have them acknowledged and registred Or when those that should be vouched to Warranty or sued in a Warrantia Charta or to perform Covenants shall be gone beyond Seas or dead or insolvent and no witnesses to be found that can tell or remember any thing of the contents or verification of them The want whereof may be a way to raise again when courage and necessity shall meet together the old way long ago laid asleep and disused by our now more safe then formerly keeping our Records and Evidences of gaging Battel in a Writ of Right and fighting by themselves or Champions To which and many more troubles and inconveniences which may be hereafter sadly experimented there will also be too large an Addition If all Bonds Bills Leases Releases Feoffments Contracts in writing and whatsoever writings else which may prove or happen to be Incumbrances upon Real and Personal Estates must also be Registred CHAP. V. Of the Registring of all Bonds Bills Leases Releases Feoffments Contracts in Writing and all other Writings executed which may incumber Real and Personal Estates FOr it will as to the Debts and Recognisances Fines Port-Bonds Obligations which have the force of Statutes Staple and Accompts due to the King or Supream Magistrate which by their many Priviledges Powers and Severities may bring great Incumbrances and Troubles upon such as shall deal with such Debtors or Accomptants by way of purchase or lending of money And as to Wills and Testaments which by disposing charging of Lands may sometimes obstruct or lessen the Estates and Assurances of Purchasers Decrees in Chancery and the Exchequer Fines and Recoveries Judgments Statutes and Recognisances raise a new and unnecessary charge upon the people upon a pretence onely that Incumbrances of Mens Estates and Lands cannot now be so readily found in Twelve or thirteen places in London within half a mile one of another as they hope they will be by their supposed better Registring or Kalendring of them in above Fifty several Shire-Towns some thirty some one hundred and twenty and the least twenty miles distant one from another For the Debrs and Accompts due to the Supream Magistrate and their discharges are already entred and inrolled in the Court of Exchequer attended by the Clerk of the Pipe and his great Roll the Two Remembrancers the Tally and Pell and Auditors Offices and need not to be twice Inrolled and Registred Wills and Testaments are Registred in Books of Parchment fairer and better kept then any Records of the Nation and for a small Fee or Recompence laid open to the view of such as shall have occasion to seek for any thing in them Fines are exactly and without any difficulty to be found in the Fine Office and Recoveries in the Clerk of the Warrants Office in the Court of Common Pleas the Decrees in Chancery fairly entred by sworn Registers and their Clerks in Books of Orders and so methodically kept and Kalendred as the search hath nothing at all of hardship in it and are if the Clerks of the Six Clerks do but their duty inrolled afterwards in Parchment and carried to the Chappel of the Rolls where they are most orderly kept and easie to be found the Recognisances acknowledged in that Court being with as little charge and labor to be found in the Inrollment Office and after they are Inrolled carried in and laid up amongst the Publick Records thereof The Recognisances taken before the Justices of the Peace are or ought to be duly certified into the Quarter Sessions and entred with the Clerks of the Peace of the several Counties Statutes not Merchant are orderly to be found in the Statute Office Decrees of the Exchequer entred into Books and kept by particular Clerks in the two Remembrancers Offices and the Judgments of that Court are as the Judgments are in the Courts of Upper Bench and Common Pleas at Westminster duly entred and recorded in their several Rolls or Records in Parchment and for such as are in the Courts of Upper Bench and Common Pleas entred upon Posteas and after Verdicts have their particular Clerks of the Judgments to enter and give accompt of them The Searches in all which several places making no great charge to the people some whereof are to be had for nothing others for Four pence some Eight pence others Twelve pence and the greatest not exceeding Sixteen pence which in a general search though all those Twelve or Thirteen London Offices and places will not altogether be so much as the charge of a Man and Horse for one days journey for a single search to a Registry if not much above twenty miles distance But if there could be any reason to enter and inrol them over again and put them into Fifty two several places and distances so far of from one another or to perswade or enjoyn people not to look for them where with most ease and less charge they are to be found The Clerks or Registers of such new erected Offices if either they or their business could be for the good of the Common-wealth will be too much exempted and at liberty if they shall not according to the Law and Rule of Right Reason hitherto observed be constituted and made to be under the Survey or Control and sworn as Officers or Clerks of some of the Superior Courts As the Clerks of the Tower Records and Chappel of the Rolls are of the Master of the Rolls the Custos Brevium of the Upper Bench of the Judges of that Court the Custos Brevium and all other Officers of the Court of Common Pleas are of their Judges the Two Remembrancers and Clerks of the Pipe by Act of Parliament and the Chamberlain of the Exchequer and the Keeper of Doomsday Book and divers ancient and miscellaneous Records of great value are of the Lord Treasurer Chancelor and Barons of the Exchequer For if they shall not be incorporate and subordinate
THE Reforming Registry OR A Representation of the very many mischiefs and Inconveniences which will unavoidably happen by the needless chargeable and destructive way OF Registries Proposed to be erected in every County of England and Wales for the Recording of all Deeds Evidences Bonds Bills and other Incumbrances Written in the year 1656 when Oliver and the Levelling-Party made it their Design to ruine Monarchy the Laws of the Nation and the impoverished Loyal party and is now published to prevent the more then a few Evils and sad Consequences which may hereafter be introduced by it By Fabian Philipps Plato lib. 6. de Legibus Omnes eas leges colunt Innovare formidant in quibus educati sunt si illae divina quadam fortuna longis temporibus stabilitae fuerint LONDON Printed by Tho. Newcomb for the Author and are to be sold by Abel Roper at the sign of the Sun over against St Dunstans-Church in Fleet-street 1662. THE Contents of the CHAPTERS Chapter 1. THat the Registring or Inrolling of Deeds of Bargain and Sale whereby an Estate of Freehold doth pass is provided for by the Statute of 27 H. 8. cap. 16. wherein it being left to the peoples choyce where to Inroll them they have rather chosen to do it in Chancery and at London then in the several Counties p. 3. Chap. 2. The Inconveniences of an inforced Registry of such Deeds in the proper Counties pag. 8. Chap. 3. The Inconveniencies if all Deeds of Bargain and Sale shall be Enacted to have the force and effect of Fines with Proclamations or of Recoveries and to Bar as they doe pag. 20. Chap. 4. Of the Registring of all mens former Deeds or other Evidences if but for ten or twenty years past under a penalty to be otherwise of no effect or less then they would formerly have been pag. 31 Chap. 5. Of the Registring of all Bonds Bills Leases Releases Feoffments Contracts in writing and all other writings which may incumber reall or personal Estates pag. 49 Chap. 6. Of New Courts or Judicatories to be erected in every County to hear and determine Causes pag. 75 Chap. 7 That it is impossible to provide against all things which may happen to be Incumbrances pag. 87 Chap. 8. That if it could be possible the people will not willingly be at the trouble or charges in all their Contracts to search in so many County Registries to discover Incumbrances pag. 92 CHAP. I. That the Registring or Inrolling of Deeds of Bargain and Sale whereby an Estate of Freehold doth pass is provided for by the Statute of 27 Hen. 8. cap. 16. Wherein it being left to the Peoples choice where to Inrol th●● they have rather chosen to do it in Chancery and at London then in the several Counties THe erecting of Offices for the Registring of Deeds and Conveyances Indented in every County by which any Estate of Freehold or Inheritance is to pass or be conveyed by Bargain and Sale will be needless For that by the Statute of 27 H. 8. c. 16. which is yet in force and unrepealed it is already provided for And being ever since now almost One hundred and fifty years ago left to the Peoples liberty Whether they will Inrol with the Clerk of the Peace in every County or in the Chancery and Courts of Record at Westminster They have so much liked of the better and more proper way of Inrolling in Chancery being the Officina Justiciae of the Nation the Repository of most of the Records of it and into which many of the greatest concernment are by Law and several Acts of Parliament certified and disliked the other as there is not one Deed or Indenture of that nature for every Hundred which are in the Chancery Inrolled in the Courts of Upper Bench Common Pleas and Exchequer by vertue of that Statute And not one almost in a year Inrolled with the Clerk of the Peace of every County where the Lands do lie either because where it was done in the proper County it was by that Statute appointed to be done by the Custos Rotulorum and two Justices of the Peace of the County and the Clerk of the Peace or two of them at the least whereof the Clerk of the Peace to be one who by their distances or remote Habitations were not often or easily to be found or got together or that the people were not so willing to trust their Deeds or Evidences or the Records thereof with the Clerks of the Peace as they are with an Officer of Trust in Chancery which being the Registry of the Supream Authority is a Court always open and kept in a known place of strength and security And was very long before in use and practice amongst them for the more sure keeping and memory of their Deeds and Evidences as Grants and Releases for Lands and the like amongst the Records of their Kings and Supream Magistrates where they thought them safest as may appear by the close Rolls in Chancery ever since the raign of King John and so frequently in the raign of King Henry the Seventh being forty years before the making of the said Statute of 27 H. 8. as there are many Deeds of Bargain and Sale of Lands Releases of Right and Title to Lands Deeds of Gift or Bargains and Sales of Goods and Chattels Bonds for payment of Money Acquittances for Money paid Letters of Attorney and Agreements betwixt private persons to be seen Recorded and Inrolled in the close Rolls of 8 H. 7. with the now usual Form or Memorandums that the Parties acknowledging did come into the Chancery and acknowledge them c. And which was anciently held to be so much assistant and contributing to the welbeing and preservation of Mens Deeds by Inrollments or Records or Exemplifications made thereof as it was in 20 E. 1. adjudged That if a Deed be shewed in Court or be in the custody thereof and the Seal be by mischance broken off the Court shall Inroll the Deed for the avail of the Party Which is not onely an evident Demonstration of the Peoples long approving of the one and disallowing of the other but of the ease and benefit which they have had by Inrolling of their Deeds in Chancery and the Courts at London And therefore every mans private Deeds and Conveyances being to take their Original and Principal force from the Parties consent and contract and the confirmation and power which the Laws of God Nature and Nations and the Common and Statute Laws of this Nation hath allowed them in making them to be of force and valid The Act of Parliament of 27 H. 8. 16. for Inrolling of Deeds as aforesaid being made in the same Parliament when the Statute of 27 Hen. 8. 10. for transferring of Uses into Possession was Enacted did in the supplying of many defects in Deeds of Bargain and Sale of and concerning Freehold and Inheritance and the want of Livery and Seisin and Attornment Not