Certain assayes propounded to the consideration of the honourable committee for regulating the proceedings at law. Whereby it is made evident that most cases now determined in Chancery and other courts of equity, may be reduced to tryall at law. To the great ease and benefit of the Commonwealth.

The Assayes follow:

1. FIrst it is propounded that all Coppyholds be made Freehold, and Commissioners may be as∣signed into all Counties, with rules for the setting down rates between Lord and Tenant; and that all Lands, &c. may be devisable and descendable at Common Law.

2. That the execution and perfecting of all Con∣tracts and agreements for Lands, &c. may be com∣pelled at Common Law upon Action of the Case as now in Chancery, with dammage onely to be taxed for the delay; and that all mean Estates and privyes may be bound that are either parties to the suit or the judgement by Scire facias.

3. That uses and trusts be transferred of Leases for years, debts, goods, &c. as it is now of Freeholds by 27 H. 8. with some provision that the Lessees estate may not merge in the Freehold to the preju∣dice of the partie.

4. That Legacies may be sued for, Morgagers and obligers relieved against forfeitures, and Tythes re∣coverable at and by the Common Law as formerly proposed.

5. That such proofe of Deeds, &c. wanting, lost &c. may be allowed at law, as is now in equity.

6. That speciall actions of the case may be brought at Law in all equitable cases, according to the Lord Fairfax his advice in the 21 H. 4. 23.

7. That the states of Joyntments, &c. may not survive, and they and coexecutors may have spe∣ciall

actions of the case against each other for all E∣quitable injuries.

8. That imperfect and deficient conveyances made upon valuable and good consideration may be allowed at Law according to the intent of the parties expressed or proved, and that an action of the case may lie against the partie and his heires, &c. to compell them to make good the same.

9. That Joint-sureties may have actions of the Case against each other for contribution, and against the principall in the nature of a Writ de plegiis acqui∣etandis to be discharged from engagements.

10. That non compos mentis may have the plea in his own person.

11. That wast and remedy for Rent may be had by the Purchaser against the Tenant, after notice; and the Reversion passe as well without as with at∣tornment, in all cases.

12. That union of possession within memory, and above 60 yeeres, may not prevaile against usage by all the time of present memory, but that prescrip∣tion therein may be allowed.

13. That where deeds, &c. belong to two or more, and are kept by one in trust for the rest, and not pro∣duced upon reasonable request, upon trials, &c. (charges being tendred) for the defence of the com∣mon title, that an action of the case may lie to re∣cover the deeds and dammage.

14. That detinue may lie for deeds, &c. though the date be not known, and that like Action may lie for the trustor against the trustee; for deeds, &c. and that the release or discharge of the trustee without

consent of the trustor may not be valid, where either the trust is expressed or known.

15. That assignes of Statutes, Judgements, Recog∣nizances, Bonds, Bils, Debts, &c. made for valuable consideration, and not for maintenance may sue the same in their own names, and discharge them at pleasure; and that the release or discharge of the assignor after notice shall not be valid; and that if the assignor notwithstanding such notice shall sue, &c. garnishment shall lie, and interpleading, as is now used in detinue, &c.

16. That upon bils of discovery the Plantiffe may proceed no further then to Bill and Answer, and to examine the defendant upon Interrogatories, if the Case or partie desire it, and then the Answers to be used at Common-law.

17. That Depositions of witnesses in perpetuall memory may presently be published and used upon Trials for the ease of the Clyent, where the witnes∣ses be sick, impotent, far distant, or doe not appeare upon due service, or for other reasonable cause.

18. That Costs and Damages may be given to the parties, where they are staid by Injunction, for delay or upon unjust or untrue surmises, as was anciently; as appeares by 21 E. 4. 74. and the same to be ascer∣tained by the oath of the party, or other competent witnesses.

19. That Fee-farmes, Heriots, &c. may be good in Law, as they were before the Statute of quia emptores terrarum, and are at this day decreed in equity.

20. That in case any Court of Equity shall pro∣ceed in any cause wherein there is or shall be proper

remedy at Law, that then the Courts of Law m••y prohibit them as anciently, and that the partie upon the prohibition may recover Costs and dammage for the vexation.

Lastly, because the Proposer of these Assayes knoweth his own weaknesse and unworthinesse to propose any thing of this kinde; and knowing how apt humane nature is to erre, and to transcend its due bounds; and these his Assayes being the first of this nature that hath been proposed, and being willing to offer his mite at the After of so worthy a worke, humbly and heartily desires the Reader, that if he finde any thing herein that he conceives may be inconvenient, that he will then either in private or publique make his Animadversions, with his rea∣sons; or if he shall think fit to adde, or propound any more rationally, as it will be a very acceptible worke to the Commonwealth, so it shall thankfully and heartily be subscribed to by his very humble servant,

S. D.