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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25990 An essay on a registry, for titles of lands by John Asgill ... Asgill, John, 1659-1738. 1698 (1698) Wing A3928; ESTC R40287 16,041 48

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AN ESSAY ON A Registry FOR Titles of Lands By JOHN ASGILL of Lincolns-Inn Esq LONDON Printed by John Astwood at his Printing-House behind St. Christophers-Church in Threadneedle-street the back-side of the Royal Exchange 1698. The Preface MY Name stands already Printed to a late Essay Entituled Several Assertions proved in order to Create another Species of Money than Gold and Silver of which I am not ashamed and I have added my Name to this that whatever usage it meets with I may stand bound to recognize it I hope I have such a Warrant to search for Truth that will justifie me in breaking through all Crafts and Sciences to find it as Hunger justified David and his Men for entering the Priest's House and eating the Shew-bread And because I find that I shall scarce be able to begin much less to get through my Argument without unfolding some Mysteries of Iniquity between Priests and Lawyers relating to the Titles and Settlements of Lands I hope that the Modern Professors of either of these Sciences will not be offended with me for speaking the whole Truth but if they should They will thereby be Witnesses against themselves that they justifie the Deeds of their Fathers And if I should be charg'd with Prophaneness for mingling sacred things with secular I will shelter my self under the Lord of the Sabboth who was accused for doing Business on that day and Haud timeo si jam nequeam defendere Crimen Cum tanto Commune SEVERAL ASSERTIONS PROVED In Order to Introduce a BILL FOR Establishing a REGISTRY FOR Titles of Lands First Assertion That as the Law now stands the Free-hold Lands in England may be incumbered in diverse Manners and at diverse Places PROVED FRee-hold Lands may be incumbered these several ways 1. By Feofment which must be executed in the Place where the Lands lye 2. By Grant with Attornment of which the Tenants must have Notice 3. By Fine and Recovery with a Deed leading the Use which are Matters of Record 4. By Bargain and Sale inrolled in either of the Four Courts at Westminster or with the Custos Rotulorum of the County where the Lands lye 5. By Judgments in Three Courts at Westminster 6. By Recognizances entered in the Courts where they are acknowledged 7. By Statutes Merchant and Staple transmitted into Chancery 8. By Lease and Release which may be Executed any where 9. By Leases granted out of the Lands which may be Executed any where 10. By Rent-charges granted out of the same which may be Executed any where 11. By Will in Writing 12. By Bonds to the King which are in the Nature of Statutes-staple All these are Incumbrances made by the Act of the Party Besides which there are others that happen by Default as Acts of Bankrupcy Eschaets and Attainders Now I am not a going to Calumniate the Law for allowing of so many sorts of Incumbrances on Lands but for permitting them to be done in diverse places Which doth render the Titles to Lands incertain and therefore is a Deficiency in the Law And tho' the Law hath directed several of them to be recorded yet this doth not remedy the Incertainty First Because these Records do lye in several Places which makes the Search thereof chargeable and the Finding difficult Secondly Because those that are upon Record have no Preference above those that be not so that should a Purchaser discover all that are Recorded he may be defeated by those that are not which can never be discovered but by the Confession of them that made them because they may be executed any where Therefore the drift of this Essay is to give a Sanction to one Place above all the rest by annexing a Priviledge to it and leaving it to every Man's pleasure whether he will purchase that Priviledge or not To shew the Necessities and Conveniencies whereof I offer the following Arguments Second Assertion That the Advantage taken by the Conveyancers in the Law of the Statute of Ues 27 H. 8. in making Clandestine Conveyances contrary to the true intent and meaning of that Parliament and all the avowed Laws and Customs of England doth occasion a Necessity of a Registry to prevent them PROVED In tracing out the Occasions of making this Statute I was drawn through all the Statutes against Mortmain as far back as Magna Charta which doth prohibit the giving Lands to Religious Houses by which it did seem to me that Lands had been so given before that time or else it had not been prohibited For humane Prohibitions generally come after the Fact committed whereas the Laws divine prohibit by way of Prevention Adam was forbidden the Tree before ever he had tasted of it The first Statute against Mortmain was made by God himself before the Fact committed for by the Mosaical Law which instituted the first Society of Priesthood the Levites are forbidden to have any Inheritance but the Tithes that they might not dote upon their Possessions but Avarice increasing upon them by an Acquisition of Wealth which they did not know how to dispose of they agreed to set up a Publick Treasury by way of a Joint-Stock for the use of the Church which was not within the Words of the Prohibition and out of this Joint-Stock they paid Judas the thirty pieces of Silver which being returned by him they were loth to part with it and yet puzzled what to do with it because being the Price of Blood it was against their own Canons to put it again into their Treasury Therefore they took Counsel and bought the Potters Field to bury Strangers in As my Lord Coke commends the Wisdom of our Ancient Clergy for always choosing the most Learned in the Law to be of their Counsel so it seems these Priests of old were endued with the like Wisdom For the Children of this World are wiser in their Generation than the Children of the Light Now these Lawyers advised their Clients that notwithstanding this Canon they might purchase Lands with this Money and annex them to their Church But this being against the Law divine prohibiting their purchasing of Lands the Lawyers found this Stratagem to purchase these Lands for a Burying-place only in the Nature of a Church yard which being a thing of Necessity and made Sacred would exempt or at least excuse it from this Statute against Mortmain and the Priests computing that this might turn to as much Profit as any thing else having double Duties for Lodging of Men and Meat for Horses they consented to lay out their Money in it any thing to get a Penny in an honest way And this Field of Blood was the first spot of Glebe in the World to which the Priests will be intituled in right of the Church if ever they gain the possession of the Holy Land But having laid this Nest Egg they went on to join Field to Field and had they been let alone had converted whole Kingdoms into Holy Ground before now And why Houses of