The Laws Diſcovery.

I. WHereas the Lands of a Copyholder, who is a Tenant at Will, according to Cuſtom, are not ſubject to extent in his life time, nor lyable to his Debts in the hands of his Heirs. It were convenient that ſome Ple­nary Act were made for Redreſs hereof; ſecuring the Lords fine, and preſerving the Cuſtom of the Mannor.

II. That Leaſes taken for other mens lives, whether in Poſſeſſion of the general or ſpecial Occupant, may be ſujected to payment of debts; the Creditor whoſe money bought the Leaſe, or preſerved it from ſale, hath better right thereto, then either of theſe Occupants. Such de­fects as theſe protect Heirs in Burrough Engliſh; alſo when Lands fall to the yongeſt ſon of a Copyholder; neither of theſe can be charged upon Anceſtors Bonds, becauſe not Heir-general at Common Law.

III. That an Heir of Tenant in Tail, may be lyable to his Fathers Debts.

IV. That ſome remedy be uſed for payment of Debts, where Parents purchaſe Lands in their Childrens names, with other mens moneys.

V. That where Heirs-alien Lands before Action brought by the Creditor, they may pay ſuch Debts, and not leave the Creditor to a ſute in Chancery in ſuch plain Caſes.

VI. That the Creditor for ſecuring his Debt, have li­berty to charge the Heir, and Executor both together, be­cauſe it is uncertain which is beſt able to pay; if he re­cover of one, the other may ſtay his ſute.

VII. That yonger Brothers, and Grand-children en­joying Lands upon diſſent, be lyable to pay Debts.

VIII. That Coheirs in Gavelkinde, where Brethren inherit equally, may all as well as the eldeſt, be lyable to pay Debts; alſo that Lands left in truſt for Children, be lyable to payment of Debts.

IX. That Creditors have liberty to extend more then half the Debtors Lands for payment of Debts, which cannot be done at preſent.

X. Whereas rich Debtors get their Lands extended by one Creditor or other, thereby to defraud the reſt; therefore, that as Leaſes, Goods, and Bankrupt Lands are ſold, ſo where the Landed Debtor will not ſell within convenient time; that the Creditors ſhould have the Debtors Lands to ſell and diſpoſe of returning the over­plus to the Debtor, or elſe that ſome other convenient remedy be uſed herein.

XI. That there were ſome place in every ſhire for Re­giſtering all Leaſes, Bargains, Conveyances, Statutes, Judgements, Recognizances, and the like, which any way concern the Lands in that Shire; in former times care hath been uſed for Recording of Bargains, Sales, and Statutes, within ſix moneths, but none at all for Leaſes, Feeoffments, Deeds of Covenants to ſtand ſeized to Uſes, with Leaſes and Releaſes after them.

XII. That Writs to take a Debtor dirregible, par­ticularly to one, and generally to all other Sheriffs or Juſtices within England.

XIII. That the Priviledges and Abuſes of Palatines, which extreamly hinder Payment of Debts, be laid by with us, as they are in Portugal.

XIV. That in regard Attachments prevent Arreſts and Bloodſhed, they may be uſed as well in other parts of England, as at London.

XV. That as was uſed by the Antients againſt San­ctuary-men, ſo inſtead of Appearances, notice by Juſtices of the Peace, or the like, may be given or left; and in caſe of Contumacy the ſecond or third time, Proceſs may be made againſt the Offender. This would prevent thoſe Grievances by Outlawry, alſo the great Expences in Chancery, the Abuſes in Palatinates priviledge, the Ex­change and Fairs from Arreſts avoided, Tryals by Ejectione firmae, and Abuſes by under Sheriffs.

XVI. To prevent the Abuſes practiced in Wills and Adminiſtrations; that in every great Town or Hundred ſtanding Commiſſioners ſhould be choſen by the Neigh­borhood (and ſworn before ſome Juſtices) for ſeizing and ſelling of Eſtates, unleſs Executors, or the like, give ſuf­ficient ſecurity to ſuch Commiſſioners for the abſolute Payment of all Debts, and that all Debtors be paid alike; this courſe might very much help Orphans, alſo the juſt Payment of Debts and Legacies; likewiſe it were good ſome ſtrict Laws were made againſt imbezzling any part of ſuch Eſtates.

XVII. That Inſolvent Debtors be freed from impri­ſonment, or elſe detained ſome ſhort time at the Credi­tors charge, till their cauſe be determined, and that their Eſtates be ſeized for ſatisfaction of Creditors.

XVIII. To help the Creditor for Matter of Proof, that the Debtor, or what others the Creditor or Judges think fit, may be examined upon Oath, as in caſe of Bank­rupt.

XIX. For the incouragement of Merchants, and ſome ſpecial Manufactures, as at Antwerp ſome Immunities from Arreſts, at leaſt for ſmall ſums, be conferred on the Profeſſors.

XX. Whereas Poor Men can ſeldom put in Bail, for want whereof, they ſuffer unheard many moneths im­priſonment,7 till their day of hearing comes, and are there­by often utterly ruined; therefore for prevention, that the Plaintiff by his own Oath, or of ſome credible per­ſon allowed by the Judge, declare the truth of the Cauſe; wherein, if he failed the priſoner, giving Authority for his appearance, to be diſmiſſed without Bail, or which is better, that the Judge be authoriſed to determine of Law, Fact, and Equity, to avoide the Formality and Charge of pleading.

XXI. That no perſon be held to Bail, who hath offer­ed to pay without Sute of Law, neither ſhould his perſon be lyable to Execution.

XXII. Whereas by that barbarous and ſenceleſs Law of Preſſing to death, Rich and Landed men are en­couraged to Steal, and Acceſſaries wholly eſcape; there­fore if ſuch maner of Offenders were attainted by verdict, ſuch inconveniences might be prevented.

XXIII. Whereas by Clergy many times Murders, and notorious Thieves, are but warmed a little in the hand, becauſe they can read; and another for a Sheep, or trifle, is hanged not for his offence, but becauſe he cannot read: Therefore it were requiſit, That this ſenceleſs and barbarous Character, which admits of much knavery and cannot be read by every good and able Schollar, were baniſhed, as well as French, Latine, and Court-hand, eſpecially in ſuch caſes which concern mens lives.

XXIV. That perſons accuſed for life, be permitted Councel, in regard their fears render them often, both ſpeechleſs and unadviſed; bare accuſations are not ſuch ſufficient condemnations, as to deprive any (though in­nocent) of Councel in ſuch extremity.

XXV. That there may be but one Statute for one Matter and Repeals made total not in part, ſo that men may know what is inforce, what not, and live under ſuch8 Laws, as it is poſſible to know which now they can­not.

XXVI. That Reverſioners have free power to diſpoſe of their Eſtates without the Tenants conſent: This would both prevent many Chancery Sutes, and ſecure Pur­chaſers.

XXVII. That the Statute of Merton may be totally repealed, and thereby thoſe Antient Local Cuſtoms con­firmed in behalf of the Tenants and Inhabitants.

XXVIII. That the uncertain Fines of Copyholders may be reduced to a certainty, either of an eaſie yearly Rent, or moderate Fine; alſo that the like might be done in ſervile Tenures and Heriots; this would prevent many Chancery Sutes and Oppreſſion by Lords.

XXIX. That the Suborver, as well as the corrupted witneſs, should be ſtigmatized and diſabled for future Mat­ters; alſo, that whoſoever unjuſtly takes away anothers Teſtimony by making him a Party ſhould looſe his Sure, if proved: This is an old Chancery trick.

XXX. That Tryal by Combate may be ſuppreſſed as a Reaſonleſs Law, and unwarrantable by Gods Word.

I Have narrowly Epitomized the Author, partly becauſe others have (eſpecially Mr. William Leech) treated at large upon ſome of theſe grievances; And partly, that as a compendium of many neceſſary Mementoes, it might pro­duce an Active Remembrance in all true hearted Engliſh­men, and Worthy Patriots of their Country.