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.

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. (Book 1)

THe erecting of Offices for the Registring of Deeds and Con∣veyances 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 Peo∣ples 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 Chan∣cery, being the Officina Justiciae of the Na∣tion, the Repository of most of the Records of it; and into which, many of the great∣est concernment, are by Law and several Acts of Parliament certified, and disliked the other; as there is not one Deed or Inden∣ture 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 Coun∣ty 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 Habita∣tions, were not often or easily to be found or got together, or that the people were not so willing to trust their Deeds or Evi∣dences, 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 fre∣quently 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 A∣greements 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 acknow∣ledging, 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 Exemplifica∣tions made thereof, as it was in 20 E. 1.* 1.1 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 De∣monstration of the Peoples long appro∣ving 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 Ori∣ginal and Principal force from the Parties consent, and contract, and the confirmation and power which the Laws of God, Na∣ture, and Nations, and the Common and Sta∣tute 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 Sta∣tute 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 Free∣hold and Inheritance, and the want of Li∣very, and Seisin, and Attornment.

Not forbid or take away the use and force of Fines and Recoveries, Leases with Releases, and Feoffments with Livery and Seisin, which in the extent and validity thereof, are far better Assurances; but one∣ly ordain, That all Deeds whereby Estates of Inheritances or Freehold, should pass or

or be altered, or changed from one to another, by way of Bargain and Sale, should not be good, unless they should be Indented and Inrolled, as that Act appointed; and restraining onely the execution and effect thereof, to the Inrolment within the time pre∣fixed, did leave the people to Inrol them where it might seem best, or their own conveniences per∣swade them. Wherefore an Inforced Registry or In∣rolment of all such Deeds in the proper Counties, if it should keep within the bounds of that Act, and onely injoyn Inrolments of Deeds by Indenture, where Estates of Freehold and Inheritance are to pass by way of Bar∣gain and Sale, will unavoidably produce many Incon∣veniences.

Notes

• * 1.1

  Cook. 2 part. Institutes 676. Hill. 20 E. 1. in Banco Rot. ••00. Somerset.