REASONS Against a REGISTRY FOR LANDS, &c. Shewing briefly, The great Disadvantages, Charges and In­conveniences that may accrue to the whole Nation in general thereby, Much over-ballancing The particular Advantages that are imagined to arise therefrom; In answer to a late Book Entituled, REASONS for a REGISTRY; WITH Some Reasons for a Registry of Personal Contracts, humbly offered to Consideration.

LONDON, Printed for C. Wilkinson, and T. Burrel, at their Shops in Fleetstreet. 1678.

REASONS Against a REGISTRY FOR LANDS, &c.

HAving seriously perused the Book, bear­ing the Title of Reasons for a Registry, &c. which seemed to me somewhat monstrous; full in the Face, but lean in the Body; speaking great things in the Front, but nothing like it in the succeeding Pages. It is a Novel, and so may invite many Rea­ders to its perusal, and it's probable its specious pre­tences may for a time over-perswade several, that it will answer the Ends pretended by the Contrivers of it; but I hope cannot so far corrupt any under­standing [Page 2]mans Reason, to believe that such great and good effects can proceed from those lame Causes that are there asserted. In his Preface the Author be­gins with an Invention of his own, That because the multiplicity of Frauds, which have been practised about Purchases and Mortgages for many years last past, have made men weary of dealing in that Nature; and our present Laws being deficient of a Remedy, the mischief is grown to that height, &c. Cujus contrarium Verum est, For since that, the Products of Husbandry have had a good Market, and the Banks in London not proved so secure, as sometimes they were thought to be: Lands in the Country have not only let well to Te­nants, but been sold well to Purchasers: and more especially, those that are held in Fee simple, Lands of Inheritance, and such that are most obnoxious to these inconveniences, in the Reasons for a Registry, complain­ed of. Scarceany Lands within one hundred miles of London offered or known to be sold, but where there is one Seller, there are two Buyers, and that at as high rates as have been known for these forty years: Therefore it doth not appear that the Disease is so great and desperate, that such a strange, unusual and dangerous Remedy should be applyed: For in case there should in a thousand several Estates in Fee sim­ple, be one incumbred with a concealed Mortage or Entail, which is the greatest proportion I am confident any man can imagine there can be: For I my self am acquainted with the Estates of some hundreds of Per­sons near together, and have not for these thirty years heard of any secret or concealed incumbrance that ever (amongst them) was set up to the detri­ment [Page 3]of a Purchaser: Yet in case it should so hap­pen, I cannot conceive that to be a sufficient Rea­son, to make nine hundred ninety and nine other E­states subject to such great inconveniencies as a Regi­stry will inavoidably produce, for the security of one only Estate.

And where he says in the same Preface, that the Advancement of Trade is the great Concern of this Na­tion; it's true, but if a Registry produce those ef­fects, that he pretends it will; I hope to convince any rational man, that it will be a greater means to lessen than advance Trade: Then he saith, That Trade cannot be compleatly advanced, but by establish­ing so secure a Fund, that Money may be safely lent on all necessary occasions, and that no other security but the Lands of this Nation can establish such a Fund. A very strange Paradox, that Country Free-holders Estates should be the Fund for the security of Money for Merchants or Tradesmen to trade withal, or that Money dispersed about the Country on Land-secu­rity should advance Trade abroad. Also he adds, That the Lands of this Nation cannot become such a Security, but by a Registry; which is a very weak assertion, unless he means that by establishing such a Registry, no man will purchase Lands, because of the Yoke that will lye upon them, and so Free­holders must be compelled to Mortgage their E­states, to supply their Necessities, and support their Families: Whereas, now if any that hath an Estate, that is in his own power to dispose of (which where it is wanting, I presume a Register cannot supply) [Page 4]he may have Chapmen enough at a very good rate, which is much better for the Seller, in case he wants Money to trade withal, than to Mortgage the same for half the value at Common Interest, which with the charges attending will soon eat up his Estate, if not timely prevented.

In the first Page of his Book, the Author in the second Paragraph saith, That where there is no rule of transferring a Property in any Nation, save that of Inheritance or Free-gift, it must necessarily follow, that nine parts in ten in such a Nation, must be but little better than Slaves, and wholly dependent upon the rest; so that let a man be never so ingenious and industrious, yet if he hath not the good Fortune to be born to an E­state, it is great chance if he have opportunity or power of acquiring one.

By which any one may without all peradventure conclude, that the Author means that there is no such Rule in England, unless you will suppose him to be in a Trance, and to conceit himself on, the other side of the Narrow Seas, where it's probable there wants such a Rule, and nine parts in ten may be Slaves there: But here every man that is endowed with Sense or Reason, knows the contrary, viz. That all Estates in Lands and Tenements, whether Inheritances, or for Lives, or Years, or otherwise, are by some ways or means transferrable: and it is as evident, that there is no Town in England of any considerable note, but hath produced in a few years one or more Examples of ingenious and industrious Men, that have not [Page 5]had the good Fortune to be born to Estates, yet ne­vertheless by their Industry and Ingenuity acquired considerable Estates according to their Qualifi­cations, most Cities and great Market Towns a­bounding with such like Presidents.

After the Author hath briefly discoursed of the Advantages which Trade brings to a Nation: In pag. 3. he tells you there are two supposed princi­pal impediments of Trade; the first, want of Peo­ple, which I am confident cannot be supplyed by a Registry, nor that of dissenters withdrawing their Stocks, which is his second impediment, or rather circumstance of the decay of Trade. But in pag. 7. he tells you, That by this means we may probably sup­ply those former defects in this Nation: And first, the want of people: For, faith he, the unsatiable love of gain will draw people from the strong allure­ments of their own Native Countries, and that there will need no stronger invitation for all such persons, than by adapting our Laws to the Nature of Trade, and serving them in their Purchases, &c. If the Re­gister be to do all this, it will be a noble Register, that must make all strangers Free Denizens, sup­plant all Charters that limit and prescribe Places and Rule for Trade (most convenient places for that purpose lying under that Government,) and repeal or abrogate the Statute of of Eliz. which obligeth all Tradesmen to seven years Apprentice­ship; or else we must have greater Priviledges and Immunities granted to Forreigners, than Natives of England now enjoy; and all this under the Notion [Page 6]of a Register, when in Truth did it consist with his Majesties security and pleasure; an Act of Free De­nization, (as hath been sometimes proposed) and lessening the power of Corporations in curbing Trade, and repealing that Act of [...] of Eliz. would with­out a Registry invite Strangers to dwell, trade and purchase amongst us; for want of which many of the meaner Sort of Forreigners daily come over, and work in our Cities and great Towns, and when they have gotten Money, transfer it beyond the Seas to their own Countries, not for want of a Regi­stry here.

Then he seems to wave the Opinion, that lessen­ing the Interest of Money may prove advantagious to Trade, and puts up a Query of his own, Where­by continuing the Interest of Money higher in this than in other Nations, it might not draw Forreign Coin into this Kingdom; which would prove of ill consequence, every fifteen or sixteen years the Len­der exports the value of his Principal in Interest only, and hath his liberty to draw off his Principal at his pleasure besides.

The Author having thus premised, and so firm­ly, as he thinks, established his Foundation, in pag. 9. begins to raise his Fabrick, and proposes the Me­thod of his Registry to be, to make it a Law, That all Persons whatsoever, who have or shall have any Title or Incumbrance, that is chargeable upon any E­state Real, shall Register the same by a day certain; or else the party neglecting to Register such his Title [Page 7]or Incumbrance shall be concluded the same by all the subsequent Purchases, bona fide; or to the like effect. The Author tells us a story hitherto of a Registry, which made my expectations great to see the Mo­del of it: But now when I thought to have satisfied my self with it, I find a very lame and impertinent Form like the Reasons themselves. However I will endeavour to supply his defects, as near as I can, ac­cording to his intent and meaning, which I doubt is for the advancement of the Authors own Trade, he seeming to be some small Practiser in the Law; (because he quotes my Lord Coke in his first Insti­tutes) For he makes publick Proclamation, That all persons whatsoever, who have or shall have any Ti­tle or Incumbrance, that is chargeable upon any Estate Real, &c. From whence may reasonably be con­cluded, that all the Statutes, Judgements, Mort­gages, Warranties, Grants, Leases, &c. and not yet vacated or cancelled, that have been made, acknow­ledged, suffered, entred into, or executed within memory of man, from or by any person or persons, that either hath been, or is likely to be siesed, or possessed of any Lands or Tenements, must be Regi­stred by a day certain: Then may the Author say, as the Fly said, that sat on the Axis of the Charriot Wheel, running in a dusty way; O what a dust I make! How many Incumbrances will here be Re­gistred, that otherwise never might have been set up, being (it may be) only given for collateral se­curities, or it may be long since satisfied, but the witnesses dead, and now must be compounded withal, before the owner can sell or Mortgage his Land; [Page 8]how many Searchers or Informers will now be pry­ing into sinking mens Estates, only to exasperate their Creditos to fall upon them? The inconveni­encies, and sad and lamentable effects of such a discovery will necessarily produce an hundred inju­ries to the County Proprietors of Lands, to one that happens now when men are quiet in their Estates: Or else the party neglecting to Register such his Title or Incumbrance to be concluded, &c. By which the party himself, where, or howsoever disposed or qualified, must Register his claim or security, he expects to reap any benefit by: I hope also it is intended or expected, that the Cognusor, or he or she that ex­ecutes such Incumbrance or Title, must also be pre­sent, else it will lye wholly in the party (gaining thereby) his breast to enter what he pleaseth: But you will answer me, that whatsoever is entred shall not make a bad conveyance good, &c. however it may disparage a Title, and in case he that Enters or Registers it, may chuse whether he will discover the Instrument it self, whereby the Purchaser will yet be left in doubt, whether there be reality in such pretended Incumbrance or not: Therefore it is most for the security of all parties, that both Cognusor or Grantor, and Cognusee or Grantee be both pre­sent at the time of the Registring thereof, to avoid all such fallacious means, that otherwise will be daily used. Then should the builder of this mon­strous Edifice have added, that the Registry should be kept in some Central place, or Shire-Town of of the County where the Lands lye that are con­cerned with such Incumbrances: And that the Re­gister [Page 9]be a Person of Repute and Estate, and always present; and this would make the Registry go down sweetly like Amesbury Loches alive in a Glass of Wine; but the effects are like to be more dange­rous, for methinks I already see a Registry placed at East Grinsted for Sussex, another at Winchester for Hampshire, and another at Salisbury for Wiltshire; and the poor old men and old women, riding from Harting to East Grinsted in Sussex, near forty miles through the deep clay, after the rate of ten miles a day, with their Attorney or Sollicitor with them, at about forty shillings expence per day, to Regi­ster a Mortgage for thirty or forty pound, which the poor Borrower had occasion to take up of the Lender, to place out his young Son Apprentice, or to marry his Daughter; and when they come there, they must attend Mr. Registers leisure to search for former Incumbrances, and to make Entry of their present Mortgage; it may be the Register may not be well, or not at home, or being a great Person not at leisure, Non vacat exiguis, &c. But when it is done, away joggs home the joyful Mortgager, for that it cost him but twelve or fourteen pound, out of his forty pound, and the Mortgagee glad that no other Mortgage preceded him in the Registry, not re­garding the cold dirty December or January Journey of the poor old Knave that borrowed the Money. In a few days after comes the two old Fathers, with their Son and Daughter, or the intended Trustees out of Isle of Wight towards Winchester, in the blu­string weather (enough tocool the desires of the most fond Lovers) for the Father of the Daughter will not [Page 10]part with her portion, until he hath searched the Registry for Incumbrances on the Father of the Son's Estate, and that settlement must be there also en­tred, and here must be some present made for ex­pedition, there being about forty to be Registred be­fore this settlement; and our Clients in haste to be gone, fearing the turn of the wind, and unwil­ling to protract so good a work, as they are about; then it may be must they lye wind-bound at South­ampton four or five days, ere they can return, where perhaps these poor old Men had lived from their Na­tivity, and now to the hazard of their lives must be drawn so remote in such weather, for the conveni­ency of a Registry. In Wiltshire I cannot but pity the poor Free-holders of landed men, in the North part of the County, that for the sale of a Cottage or a Field, or mortgaging it for twenty or thirty pounds, must transit those plains in the severest weather to the City of New Sarum: But more de­plorable will it be for persons that live in other Counties, it may be two hundred miles remote from their Estate, yet must these trot by Sea or Land to the very places where these Registers are kept, to mortgage or sell their Estates: And high­ly will it concern the Nobility and Gentry of this Kingdom, they also being included amongst the All Persons, that are to make these long Journeys to these Registers upon the sale, settling or securing any part of their Estates: So that a Registry in a County makes it much resemble a Mannor, where all the Tenants of any Lands in that County, though dispersed throughout the Kingdom; whether Lords [Page 11]or Gentlemen, Women Old or Young, are Suitors; for there is scarce any County but hath Lands in it, whose owners live in remote parts: In these in­tended great Mannors, the Register is to be the Steward, and the Town where it is kept will prove the Demeasnes; for thither will resort all Coun­sellors, Attorneys, Solicitors and Scriveners, and take up their Habitations there, to the great encrease of the Trade of that place, and ruine of others: For it may rationally be conceived, that Borrower and Len­der, or Buyer and Seller were better go to such Town, where the Registry is kept, and have their business done there, than be at the charge to hire a Counsellor or Solicitor to go with them.

But I hear it reported, that the Bill brought into Parliament, is for a Voluntary Registry, that any person that hath any Incumbrance on any Estate may Register the same; and if he doth not, then such his Incumbrance or Title not to precede that of a Purchaser, &c. A Voluntary Registry is a needless thing, that I may Register my Mortgage, &c. if I please, it being intended only as a Caution to the Purchaser: What necessity is there then that I should go to the Register, when without being at that charge and trouble, I may affix my Title or Preten­tions at the Church door of the Parish, where the Mortgager dwells, or the Estate lies, or a Post at the next Market Town, which will prove a sufficient dis­paragement to the Debtor, and caution to the Cre­ditor, without the vain charge of travelling to a Re­gistry?

Then our Author of the Reasons for a Registry, answers the two Objections of his own making; First, the chargeableness of such a Registry: And Secondly, the publick exposure of the private con­cerns of a Mans Estate by a contrivance, that only the Principal Heads of such Deeds should be ex­tracted and Registred, which opens a gap for frauds, and gives evil minded men occasion to act those things, that otherwise they never intended; for it is easie to frame two Deeds that may purport the same thing in the extract, yet in the main to have several ends and operations; if so, then I may pre­tend to Register one, and when occasion serves make use of the other; so that there can be no security in a Registry, unless the whole Deed or Incumbrance be Registred: Then what a vast charge will this be to the whole City and Country, let any man judge?

For it is no sufficient Answer to those Objections, to say that you may as soon discover the Uses of a Fine or Recovery, by finding them a Record, as disclose the Uses and Contents of Deeds, by finding it in the Registry: The finding of a Fine or Recovery on Record, being no discovery of the Uses of such Fine or Recovery, and so no satisfaction to a Purchaser, but rather begetting in him a doubt, whether such Deed of Uses shewn him, be the first Deed sealed by the Cognusor or Sufferer of the Recovery, that may possibly incumber the Estate; after the same man­ner will it be by such a minute Registry, where by finding only such few Heads, which in time will [Page 13]shrink into so narrow a compass, that although the Grantor shew you the very Deed, out of which such Notes were taken, yet may you doubt whether it be the very same, there being a possibility of ano­ther to have been made at the same time with o­ther Covenants therein, not taken notice of by the hasty Register, or not produced unto him.

Then may you reply, that the Register may Sign such Deed so Registred, whereby to distinguish it from all others, that have not been Registred, after the same manner as Deeds Inrolled are Superscribed by the Officers there, which would prove the best expedient to prevent Frauds of this Nature: Yet is this way subject to the devices of crafty Men that may imitate such Superscriptions, which by the Registring the whole Deed, may be pre­vented.

As to his reconciling those difficulties, that at­tend the compelling of Persons to Register their E­states, that are not in a capacity to do it by reason of their Infancy, being beyond Seas, under Covert Baron, or of non sanae Memoriae; he supposes that Infants have Guardians, and Persons beyond the Seas have their Trustees, that will take care of the con­cerns of such, for whom they are Guardians or Trustees; and seems to hint, that the multiplicity of sufferers by fraudulent Titles, which a Registry is supposed to prevent, exceeds the possibility of a temporary mischief, that may fall on some few, when it is not difficult to make appear that those [Page 14]Persons incapacitated by the Law to make their claims, are far more in number, and greater in quality, than thosethat really suffer through concealed Titles or In­cumbrances: And where Guardians, Trustees, Hus­bands or Friends have so great a Latitude given to Register, or neglect it; anyrational man may judge what the event will be.

And if men that have lost their Evidences, shall have that priviledge to enter such a Caveat in the Registry, as the Author mentions, it shall then lye in the brest of any envious or ignorant person (for such there are, that think they have a Title to ano­ther mans Estate, when they have not) to disparage any mans Title, when he is about to sell the same: And if any one that hath really lost his Deeds, neglect to enter such Caveat, he shall for ever be debarred.

Then pag. 17. the said Author starts another Ob­jection. That if all men by vertue of a Register could lend their Money upon real Security, no man would lend upon Personal: But this, he says, is not the Interest of the Nation, that the Credit of Tradesmen, should be greater than the Returns of their Trades. Yet in the Preface, and the former part of his Book, no­thing will serve his turn but a Registry to promote the Trade of this Nation; and that Trade could not be compleatly advanced, but by a secure Fund for the raising of Money for a Trade; and that no other Fund would be but Lands, &c. But now, af­ter many fruitless Arguments for a Registry, it ends [Page 15]in this, that a Registry will capacitate ill Husbands in the Country to borrow Money to waste extrava­gantly, and encourage all monied men to lend their Moneys at Interest on Mortgages, rather than ha­zard it on the uncertain effects of Trade; and let Tradesmen be content with what Moneys their Friends will be pleased to lend them, that they can­not otherwise dispose of, and be content with the Trade of former times, when the Tradesmen never wanted Credit to raise Money proportionable to the return of their Trades.

By the Trade of former times, I suppose he means, when the Interest of Money was at ten per cent. few men then would hazard their Money in Trade, when they could have so large Interest; nor few would buy Lands, unless at a very low rate. The great Wisdom of our former Parliaments, perceiving the great inconveniencies arising from so high an Inte­rest of Money, to the decay of Trade, and sinking the prices of Lands, brought it to eight per cent. then to six per cent. which every one is sensible how great an advantage it hath been to Trade, and to every mans Inheritance; and rather than to encourage the lending of Money so much on Land Securities, it would be much more conducing to the advantage of the Trade of this Nation, and encreasing the Real Value of the Lands thereof; if it may consist with the pleasure of His most Sacred Majesty, and both Houses of Parliament, rather to reduce the Interest of Money to five or four per cent. that it may prove more advantageous to any person to employ [Page 16]his Money in the making of the Manufactures of this Kingdom, or in the exposing them, than to ac­cept of so low an Interest; for it is either the low­ness of the Interest, or the want of Security for Money that advances Trade: therefore our designs of a Registry mistake the Cause: how then can they expect the effect should be good?

Also the Designer himself confesseth, pag. 19. That from hence it might happen, that Lands would not be so great a drug, if they might but easily and safely be transferred from one to another, because ma­ny from the health and tranquillity of a Country life, wauld bestow their Money and Time upon Lands, and the improvement thereof, who at present are forced to employ their effects in another Current; and so would endeavour to make Lands magnetically to attract the Money from Trade into the Country-Gentle­mans pockets, and yet pretends hereby to advance Trade, when rather by the lowness of Interest of Money, and dearness of Land, Men should be en­couraged to adventure their Money in Trade, with hopes of a good return, than to dispose of it for small advantage on Lands or Mortgages.

As to the Clamour of Innovation, it is not in this Case of so small concern, as the said Author seems to render it: For this would prove so great an Innovation, and strike so deep, that it would make most of the Laws of England, that concern Property, shake, and disturb the peace and quiet of of many thousands of sober and well-minded peo­ple [Page 17]throughout the Kindom; and would be beyond any President, there being not any Statute that ever was yet made in England, that could beget so great a confusion, as this necessarily must do; and cannot be compared to a new Medicine for a new Disease, where the Physician, as near as heo can, gives nothing to his Patient, but what his Nature is able to bear, with­out danger of life, be the Disease what it will: But here is a Venomous Medicine prepared for so small a Distemper, that it threatens not only an imper­fect cure of that, but the generation of an univer­sal indisposition of the whole Body; neither can this Act be made, as several others have been, probatio­nary for a time, that the inconveniencies may be discovered, and then to determine, if not judged meet to be continued, because the greatest charges, expences, inconveniences and evils will happen at the first, and many years will not discover the o­ther grand disadvantages that may happen from it.

But if the Wisdom of His most Sacred Majesty, and the Parliament of England shall judge it con­venient to establish in every Market Town in Eng­land, a Registry for all personal Contracts, it might probably produce extraordinary good effects; the late Act against Frauds and Perjuries, will conduce much to the prevention of Suits and Controversies: But this Registry much more; for here may be Re­gistred in a Book kept for that purpose, all Bonds, Bills, Articles, Contracts and Agreements whatso­ever, that concern the payments of Moneys, deli­very [Page 18]very of Goods, sale of any Wares or Merchandise, or any other Bargains whatsoever that concern not Lands or Tenements; and here the Obligor and O­bligee, and all other parties concerned, or bound by such agreement, may Register the same, and take an Abstract or Copy, as they please, with them, for their own satisfaction, and on non-payment of the Money, or non-performance of such Agreement, &c. The Registers Book produced, or a Copy un­der the Hand and Seal of the Register, may be a good Evidence, which will prevent many Suits of Law, for it will be no advantage or credit for any one to defend a Suit at Law, where there is so great an evidence against him.

The expences will be but small: for it will be no more charge to enter such an Agreement in the Re­gistry, than it would have been to put it into writ­ing at another place, the Register being obliged to some certain Rule for his Fees.

The Journeys of the parties will be but short, viz. to the next Market Town; and in case any be sick or aged, they may sign such Obligation or A­greement, before sufficient and credible Witnesses, that are known to the Register, that may in two or three days time repair to the Register, and en­ter the same under their hands, who shall be obliged to justifie the truth of the same, when re­quired.

Here is no danger of such Obligation or Agree­ment [Page 19]to be lost, the Register or his Successor be­ing always ready to vouch the truth of the Book.

Executors may here discover what Bonds their Testators have entred into, and so may more easily satisfie their Debts in such Order, as by the Law is required.

The Register himself and his Deputy, may be elected by the Inhabitants of the Town, where such Registry is to be kept, and ought to be per­sons inhabiting there, and of known integrity: the reason why there ought to be a Deputy, is, be­cause one or the other may be sick, or on extraordi­nary occasions absent.

This Method of Registring would prevent the greatest part of the Suits of Law in the Kingdom, and no ill effects or consequences can be imagined, to proceed from it, unless at the first it may prove a little troublesome, until the people are acquainted with it: But the small trouble that this way will produce, is not to be compared to the grand incon­veniences that will proceed from the other; yet is it easier to be made appear, that the conveniences and advantages of this proposed Method, shall much exceed what can be imagined to be produced by the other.

Now I have proposed a Method for the preven­tion of Frauds, Suits and Controversies about personal [Page 20]Contracts, &c. against which I hope no man can justly object: I shall offer my thoughts by what means other Frauds may be prevented in Real E­states, which are so much complained of by the a­foresaid Author.

It is not unusual for a Man to Mortgage his E­state for a small sum of Money, in proportion to the value of his Estate; yet after that, in hopes of a supply by some means or other, to redeem his E­state, and unwilling to sell it wholly, is willing to borrow another sum on the same Security, or to secure some other debt that he owes; all which may not amount to the moiety of the value of his Estate; yet may such a person Mortgage the equity of the redemption of his Estate, to such third per­son, for the security of the second sum or debt, making him acquainted with the precedent Mort­gage, without any breach of honesty: But if such persons shall make a second Mortgage or Sale of the same Estate to any, besides the first Mortgagee without giving notice of the first Mortgage; then may it be enacted, that such a person shall forfeit the value of the second sum, borrowed or received, as aforesaid, or suffer imprisonment till satisfaction be made; and if it shall happen, that the Incum­brances on any Estate shall be secretly or volun­tarily suffered, or executed by any person, to the value or more of such Estate, whereby a Pur­chaser shall be inforced out of such Estate, or to compound for the same, he having no notice thereof at the time of such Purchase, that then such an [Page 21]offence to be Felony, and as great reason for it, as for Robbery, representing or counterfeiting Cognu­fors in Fines, or such like.

And for that several persons, that have Judge­ments, Statutes, or other Incumbrances on other persons, that will touch, or concern their E­states, do keep the same secret, until such time as the person hath sold his Estate, and is dead or be­yond Sea; and then set up such Incumbrances against the Purchaser, that knew nothing of it: therefore may there be an Act made to limit such Incum­brances to a certain time, and wholly to exclude them, where they know, or had notice of such Purchases, and would not come in before (persons not capacitated to be excepted) which being done, would prevent most of those few Frauds that are exercised on Real Estates, without that too often repeated way of a Registry. Thus not doubting but that all Rational and Understanding Persons will conclude, that those Reasons proposed for a Registry for Lands, are very lame and deficient, and that such a Registry would prove destructive to far more than it could be capable of relieving; and that notwithstanding the specious pretences of advancing the Trade of the Nation, yet that it cannot in any wise conduce thereunto, but rather the contrary, as hath been made appear.

And that the Registry here proposed, for the ascertaining of all personal Contracts, and the pre­serving them, must undoubtedly be of great use and [Page 22]advantage to Persons of all Degrees and Pro­fessions without any considerable inconveniencie.

It is now my Prayer, and I hope of many more, that God will put it into the Hearts of His most Sacred Majesty, and both His Houses of Parlia­ment, seriously to consider, the Peace, Tranquillity and Prosperity of the Subjects of this Kingdom, and establish such Laws that may conduce there­unto, of which none hath, nor I hope ever shall have reason to doubt.

Advertisements of three Books, Printed for Tho. Burrel, at the Golden Ball, under St. Dunstans Church in Fleet-street. 1678.

1. VIllare Anglicum: By Sir Henry Spelman Knight.

2. The Art of Gardening in three Books: Illustra­ted with Sculptures: By John Worledge Gent.

3. Poor Robins Visions, setting forth the Humours and Vices of the present Times.

Repertorium Canonicum: By John Godolphin, L L, D. Sold by C. Wilkinson, at the Black-boy in Fleet-street.

FINIS.

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