Amicus reipublicæ. = The Common-Wealths friend or an exact and speedie course to justice and right, and for preventing and determining of tedious law-suits. With many other things very considerable for the good of the publick. All which are fully controverted and debated in law. By John March of Grayes-Inne, barister.

Whether the many sorts of tedious and long Conveyances now in use, stand

with reason, and the good of the Common-wealth or not?

THere are many sorts of Con∣veyances in our Law, and I doubt too many, to be for the good of the people; as Feoffements, Fines, Recoveries, Bargains, and Sales, Covenants to stand seised to uses, &c. most of which, are so swelled and inlarged with many unnecessary covenants, and vain and idle repeti∣tions and tautologies, which toge∣ther with advise and counsel, are an intolerable charge and expence to the people. So that he that purcha∣seth but a small thing (as happily not being able to go further) he had as good, almost, be without it, and keep his money, as under-go the great charge and trouble in the assuring of it.

I put a Feoffement in the first

place, as deserving the preheminence and prioritie of place, being the most ancient and best conveyance. O the innocencie of former ages, when a Feoffement onely of some few lines was sufficient, and served to convey over the greatest estates.

Yet I am not in this case, to lay all the blame, if any, upon Lawyers; for as the innocencie of those times required not so many covenants and assurances to oblige men to the per∣formance, and making good of their faith and engagements one to an∣other: So the wickedness and cor∣ruption of these latter ages, are such, that men must be tied and bound, shackled, and fettered like wild and untamed cattel; so that it even puz∣zels Lawyers to find words enough to meet with the subtle devises, and over-reaching policies of most men; and all little enough to keep them

within the bounds and limits of ju∣stice and honestie.

But to return to that I broke off from; Cook upon Litt. fol.. 9. saith, that a Feoffement is the most anci∣ent and necessary Conveyance; (Note that Reader) both for that it is solemn and publick, and therefore best remembered and proved, and also for that it cleareth all Disseisins, Abatements, Intrusions, and other wrongfull and defeasible estates, where the entrie of the Feoffor is lawfull, which neither Fine, Recoverie, nor Bargain and Sale by Deedindented and inrolled doth.

And that this kind of Assurance may find the better esteem and ap∣probation, I shall first inform you what it is, & then shew you the vene∣rable Antiquitie of it; Feoffement is derived of the ancient word Fe••dum,

quia est donatio feodi; because it is a giving of the Fee; for the ancient writers of the Law, called a Feoffe∣ment Donatio, of the Verb do, or dedi; which is the aptest word of Feoffement.

And now you shall have the anti∣quity of it, out of no other Author, but Holy Writ; for saith my Lord Cook, that word Ephron used, when he infeoffed Abraham, saying, I give thee the field of Machpelah over a∣gainst Mamre, and the Cave therein I give thee, and all the trees in the field, and the Borders round about; all which were made sure unto Abra∣ham for a possession in the presence of many witnesses, Genesis, cap. 23. vers. 11. And when the kins-man of Elimelech gave unto Boas the parcel of Land that was Elimelechs, he took off his shooe, and gave it unto Boas in the name of seisin of the Land,

(after the manner in Israel) in the presence and with the testimony of many witnesses, Ruth; cap. 4. ver. 7, 8. Deut. 25. 9, 10. Thus you have the antiquity likewise of a Feoffement; now this being the best, and most an∣cient conveyance, I know no reason it should not be most in use. Cook upon Litt. fol. 6. a. saith, that there are eight formal or orderly parts of a deed of Feoffement, as the premisses, the habendum, &c. and yet he saith, all those parts were contained in ve∣ry few and significant words; Haec fuit candida illius aetatis fides & sim∣plicitas, quae pauculis lineis, omnia fidei firmamenta posuerunt. And a Feoffement is good, without these formal parts, fol. 7. a. for if a man by his deed gives Land to another and his Heirs, without more say∣ing, this is good, if he put his Seal to the deed, deliver it, and makes li∣very accordingly.

I have been the larger upon this conveyance, by way of Feoffement, because I would have men in love with it; and certain I am, it would be best for all men (except Lawyers, who I hope will be contented to abate something of their profit, to serve the common interest) best in point of security, and in profit. One∣ly add this to it, that a Law be made, that it shall be a barre (as a Fine with Proclamations,) if it be inrol∣led, & five years pass with non-claim after the inrolment, and then it will be a great ease and advantage to the publick.

But if it shall not be thought fit to alter the Law in point of conveyen∣cing, as it is now setled, why then I shall humbly begge this one boon of the Parliament, in behalf of the pu∣blick? and that is, that they would be pleased to make a Law, that no

Scrivener, or other person whatso∣ever, other then Lawyers, shall for the future make or draw any con∣veyance or assurance in Law what∣soever, which shall after happen to be sealed and delivered, without the advice of Counsel thereupon had, either before, or after the assurance drawn and made, under a good pain or penalty, if they shall do the con∣trarie: and this will be a means to prevent, many contentious Suits, which dayly arise upon scruples and questions out of such conveyances drawn according to their formal ignorance.

The next thing I shall dispute, is the Law of Bastardy; wherein I shall set down this short doubt.