An essay to a further discovery of terra firma: or A proposal to a more firm ascertaining of title in lands.

AN ESSAY To a further DISCOVERY OF Terra Firma.

LAnd, that in it self (unless by an Earth∣quake) is immoveable, yet is now adays be∣come the most uncertain and unsteadiest Possession that is. And 'tis strange to con∣sider, that what is alwayes to be found in Eodem loco, in the very same place, yet men are afraid to venture thorow, least they lose what they seem to get; and dare rather call Money, Plate, Jewels, and other Movables their own, (as having them,

as it were, in a Manual Possession) then that other, notwithstanding that these are subject to many Ca∣sualties as the Poet very well observes;

Horat. Serm. 1. —Noctesque diesque Formidare malos sures, incendio, servos, Ne te compilent fugientes—

Which with a very little Periphrasis may be Eng∣lished thus,

We Theeves and Burnings Night and Day may fear, And Servants Fugitive away may bear

What we do get, and keep with so much care, They are subject (you see) to several accidents: And Land but to one, vizt. a bad Title, which indeed is of so much consideration, That Report tells us, My Lord Cook, (an upright man, that never gave his Hand to Corruption, as he was wont to say* 1.1 of himself) a Friend of his requesting him, to conveigh him a good and sure Title, Replyed, I can∣not, unless you deal with an honest man: Caveat ergo Emptor, beware Buyer.

Two wayes there be, whereby we indeavour to secure our Selves: First, For the Seller or Mor∣gager to take an Oath before a Master in ••hancery, That he knows of no Incumbrance, &c. and this is good, where there is a good Conscience: But you know who it is that says, Wise and Wary, men are to be deceived with Oaths. I think I need not be particular, how men are served in this

kind, the whole Kingdom knows it too well: And if necessity urged, I could nominate a Kentish Gentleman, that was thus wiped of 500 l. and that by one who much desired not only to seem moral and honest, but (oh horrendum!) very Religi∣ous.

A second way is to Enrowl, and that is good indeed, and yet may prove but a Sapientia Phrigia, a too late discretion; for if another have done the same before, I suppose one latter cautious person shuts the Stable door when the Steed is stollen.

How advantagious would it be, if a sure course were taken to prevent these Frauds, that so good Title to what is bought, good Security to what is lent, might be made.

It may be Objected, That search may be made into the Courts, where Inrowlments are usually Registred, from thence to be Resolved; But to this, give me leave a little to Reply, a man is 60 years of age, and entred on his Estate of Land at 21, he proffers me to sell or Morgage, I am perhaps afraid that he esteems Jupiters Stone (an Oath) no more then the dirt or stones under his Feet; If I will then search exactly, I have 39 years to go thorough, and that in several Courts. The search here is long, and there will intervene many thou∣sand Records to incumber the Searcher, who be∣ing perhaps but a Second, and a Substitute, may therefore do it but superficially: No man doth ones business like ones self; but business may hin∣der a man, that happily, he cannot in person travail to London; or if he doth, he knows not well to

perform it, and so must rely on others, who con∣cerned no further therein then their Guerdon, may with the tediousness thereof become weary, and so not so wary as they ought indeed to be. Many times (and oftenest Lands are engaged, and no inrowlment thereof made; this may be carried as secret, and unknown from the World, as are the Founder and Sanctions of the Rosy-Crucians, then is my course (I confesse) to inrowl, good; but in the interim, here is a large Ambitus, a Jour∣ney a great way about, and I may say, much search in vain, seeking that which is not to be found, never any Inrolment made. It is true, I ascertain my self of what I doubt of; but if this Purchase or Morgage be inconsiderable, the Searches and Enrowlments may enhaunse it to a 25 years Purchase.

Therefore as in time of H. 44. 8. it was by Par∣liament Enacted, That Christenings, Marriages, and Burials should in every Parish be Registred, in a Book for that purpose kept, to the end, that no man should be put by his Right, but should there∣by know his age, be able to prove his lawful De∣scent, and decease of his Friends, &c. It is con∣ceived, That a Book in like manner to be kept in every Parish, Signed and Attested by the Minister thereof, (who is, or ought to be, an honest, pious, and understanding person) and the Church-war∣dens, or rather (in stead of the last named, because they are oftentimes very plain and ignorant, and so of less validity) the two nearest Justices of the Peace, mentioning what Lands, how much, of what

quality, whither Arable, Pasture, or Meadow, Marsh, Wood-land, &c. is Morgaged or Sold, by such a man to such a man, together with the time and sum for what might be very convenient in this kind, whereby inspection and search might easily be made. And indeed, where should a man look for, and enquire for a thing, but where it is: Scaliger tells us, Rerum ipsarum cognitio vera è rebus ipsis est. Now as the Register in Churches (particularly of Burials) directs one to enquire to Wills, and their Probates, and to Letters of Admi∣nistration (there being to these a time limited); so putting all into a most direct path, to find out the right of an Estate; even so would this Register direct to a sure and good Title.

Neither would this at all be prejudicial to the inrowlments of the higher Courts above (for as I said before, that most frequently, at this day, (of most Deeds) no Inrowlments are made at all), but it should be as an Index to them, here being onely the Heads and Contents, there in the Courts above the whole matter. Johannes* 1.2 de Boston, a Monk of Bury travailed all England exactly, super∣vising the Libraries in all Religious Houses, and Wrote a Catalogue of all the Ecclesiastical Wri∣ters, as well as Forraign, as Domestical and Na∣tive therein to be found; and such his accurate∣ness in his said Catalogue, as not only to tell the inchoative or first word in very Book, but to point at, and declare, in what places of the said Libra∣ries the said Books stood: And truly such Paro∣chiall Registring might be an Index to the Upper

Courts, as Johannes de Boston's Schedule or Cata∣logue was to the said Libraries.

Another thing I might propose as praevious to this, and seems (to me) to be able yet further to ascertain and assure: It is a Custom as I have obser∣ved in Sussex and Kent, when Scotts (as they tearm them) or Water-Taxes are to be Levied, to pro∣claim them three several Sundayes, openly in seve∣ral Churches, abutting the Marshes; so to give Notice to all concerned, to provide for the said Payments. And truly, I know not why any ho∣nest man should be loath or ashamed to have it known, That he hath occasion to either ingage or sell Lands, for it seems (to me) all the harm he doth himself, is to proclaim himself a just fair and square dealing person, and so invites People the more to adventure to deal with him.

I am sure of late, two Great and Honourable Peers, the Earl of Huntington, and the Earl of Carlile, were so upright, that their Estates being intailed by Act of Parliament, (the first no doubt requiring it in his Will, and therefore his relict Lady, and his worthy Brother, the Right Hono∣rable Baron of Loughborough, (one, who as a late Writer says, By his Vertues adds to the Dignity of his Extraction) both indeavouring it: The other him∣self then alive,) procured a like Act, to have power to sell part of their Estates to pay their Debts. And if these Great Parsonages, Peers of the Land, were so upright and open in their Dealings, and no ways ashamed to have their Condition laid open to the Representative of the whole Nation, the Parlia∣ment; nay, nor were not (I dare say) grieved,

when these things were inserted in the News Books; why should forsooth then frivolous and inferiour persons be so extreamly tender of their Reputation? Let them Morgage or Sell never so often, at length some Body will take place and right, and then 'tis known; nay, and wors••, them∣selves known for Knaves. If they pretend it will discover their Estates and Conditions, I think I answer satisfactorily to that thus, Whilst things remain thus occult and obscure, we equally may doubt and fear all men, the upright man as well as the Knave, he that never morgaged nor ingaged, as well as him that hath: If so, then this hinders no particular mans Reputation; the truth is, (our Eyes daily see it) we dare not confide or trust one in another, without two or three Co-obligees, re∣fusing Land security for personal; and were this way taken, a mans own Estate might be his Secu∣rity, without troubling others. And indeed Mr. Hartlib (in his Legacy) treating about his bank of Lands, hints this Self security; How ere I am sure his said Bank (which were an excellent thing) could not stand without this proposed way (or the like) of mine.

As the many inconveniencies before the time of King H. 8. procured the fore-recited Act; So, Oh would the many Frauds, the Perjuries in this kind, the fraudulent Conveyances, the double and treble Morgagings, that are and yet may be committed, might cause an Act for the future pre∣vention of them.

One, somewhat more passionately then religi∣ously sayes, That he thinks Knavery and Cheating the greatest Sin that was; if we sin against God (saith he) we can do him no harm; if we Sin against Him and our Selves only, (as in some sort of sins) we hurt not our Neighbours; but the Knave hurts all men: Other harms may be foreseen, but this of Knavery is ushered in by a dark Lanthorn; One sayes,

Fur cursu fugitur, vel vi fortasse fugatur; Qui fugeris nebulo laqueum positurus in omnes.

One scapes a Thief by flight, or else by force; But to prevent a Knave (I pray) what course.

And yet this Knave shall scape better, notwith∣standing the great wrong that he doth, then the poor Thief that steals for his Belly: The French Poet could many a year agoe complain of this, sayes he,

Le larron d'un escu, est pendu par Matheur, Le larron de dix mille est appelle Mounsieur.

The poor unlucky Thief that steals a Crown Is hanged up, but he lives in Renown That by worse means hath swallowed thousands down.

The High-way-man, and the Pyrat at Sea, bereaves a man only of his present Carriage; nay, in the latter I have observed a kind of Generosity; these, although they have mer with Blows, yet give good

entertainments and welcome, and oftentimes make a small Restitution as towards present necessity. But this Deceivour (of whom I speak) brings us into a worse Condition; for when he hath undone us, yet hath not he done with us, we being after∣wards plunged into chargable and vexatious Suits, and he esteems it a kind of injury that we set not down contented with our wrong, but put him (as he thinks, and calls it) to a trouble. It is a hard case, that when by honest Industry a man shall have got a sum of Money together, and is willing to lay it out (suppose) for a House to lay his head in, (such a one as he may call his own) or to buy Lands, thinking them more secure then his Cash, he should be eluded and deceived by a Knave, and Himself, Wife and Children undone, and such a Miscreant as did this, secure himself in Prison with the Money.

It is a good way of Justice they have in France, if any make a fraudulent Break, if taken, they are hanged for it, if not taken, their Effigies is so served; and me-thinks there is much equity in it, such a one being a Grand Thief trading by whole∣sale, and those that Robb by the High-way, and break up Houses, being but Pettifoggers and Re∣taylers.

But to return, there is in Lands a kind of Excel∣lency above other Possessions, not only as I hinted before in the natural and proper stability thereof, but also in esteem and reputation. It was and is the Guerdon of Gracious Princes to deserving Sub∣jects: Thus the Conquerour rewarded his Follow∣ers,

but (in particular) thus the Ancestors of the Lord Eury were rewarded with Lands in Scotland, Subject to Edw. 1. Thus Sir John Copeland, that took David le Bruse,* 1.3 King of Scotland, was rewarded by Edw. 3. with 500 l. per annum, and thus the Lord Audley by the Black Prince; nay, 'tis also Guerdon of Piety and Service towards God (and of Temporal Rewards is most especially mentio∣ned in Holy Writ); Thus was Abraham assured (several times) of the Land of Promise, and the Psalmist, Psal. 37. vers. 9, 11, 22, 29, 34. So of∣ten repeats it to the same effect: To whom also alludes our Saviour himself, in his Sermon upon the Mount, Matth. 5. & 5. And that this that is so dignified and ennobled, should lye open to the misuse and abuse of every base spirited person, seems great pity, and that there is not a restraint to them. A sure caution to it, so that whats in it self (to those that have it) so great a Temporal Blessing of God, might not by crafy unconsciona∣ble People be made a Snare and a Curse.

And truly in the Wish of this, I think all sorts, qualities, and conditions of Men are concerned: First, Noble men; and truly though there be a great Awe and Respect to be used to them, above their Inferiours, as being Peers, and so near y re∣lated to their Soveraign, yet now and then they meet with such presumptuous Ones, as dare de∣ceive them. Stow, Anno 13 Edw. 2. The Earl of Hereford bought of Sir William Bruce Knight, a portion of Land in the Marshes of Wales, called Gowers, Roger Mortimer the Uncle, and Roger the

Nephew, (not knowing of the foresaid Bargain) had also bought the said Ground of the said Wil∣liam Bruce: Also the Lord Mowbray, who had married the Daughter and Heir of the said Willi∣am, claiming it by Inheritance of his Wife; last of all Hugh Spencer the younger had bought that Land, and turned them all out, wherefore the said Nobles were sore moved, &c. Here it is plain, that by this covert close underhand-dealing, great and wise men were over-reach'd: But to return,

The Nobility have younger Sons, for whom they usually purchase; This proposed way (or some other) would also help them into a more se∣cure proceeding in such purchase: but however, if it doth not concern the Nobility (because of their Greatness, and a better possibility they have of securing themselves) so much as it concerns others, yet may they please to remember, that who descend from them (I mean by their younger Sons and Daughters) ••ay Succedenti tempore devolve into but a Parity with the meaner Gentry. I am sure, in a Forraign Plantation, I know a young Gentleman (eldest Son to the eldest Daughter, of a most great and antient Earl of this Realm) in a servile Condition,* 1.4 but the good nature of his Master took him from Field-labour, (presently af∣ter he was informed who he was) and made him his personal Attendant, I say then, that it con∣cerns the Nobility remotely, and may be a Caveat to persons Eminent: whom God and the Princes favour hath raised up from mean degree, that they remember that providence can reduce them: And

if it doth not them, yet Sons of theirs, to a Parity with the lowest; and therefore should when pro∣moted, consult Salus Populi, which ought to be Su∣prema lex.

The Reverend the Bishops they are concerned, they are but Tenants for tearm of Life, and since the Reformation, being permitted Marriage, they must (in their thoughts) reflect on their Issue. Neither are they in a Condition of Grandeur, so well able to overawe the over-bold presumption of deceiving Knaves, as the Peerage, being com∣monly descended of Lower Origos, and so their Off-spring being afterwards but ordinary Gentry: A modern Author Observes, That of all the Cler∣gy mens Sons of England, none mounted above the Degree of Knight-hood, although of Ireland had their Sons Peers.

As for the Gentry, I need only say thus to them; if Lords Spirituall and Temporall be concern'd, much more they, the Reasons aforesaid serving well, also (nay more properly) to their Condition. I come, now to the Merchants and Mariners, Horace sayes, Epistol. 1. Lib.

Impiger Extremos currit Mercator ad Indos, Per mare pauperiem fugiens, per saxa, per ignes.

The sedulous Merchant to the Indies hyes, Nor fears he Seas nor Rocks, nor Sols hot fryes, But under Risosque of these hard want he flyes.

And to no other end; but as the Poet saies else∣where;

—Senex ut in Otia tuta recedat.* 1.5

That being old, He may in quiet ease himself upfold.

But many times it falls out contrary, that all this Indeavour gets him money but to buy himself Vexation during life, which really is great pity, none gaining a Livelihood with greater hazard of Life, Health and Means, then these last.

Lastly, As to the Commonalty, Horace tell us,

—Nil sine Magno, Vita labore dedit Mortalibus—* 1.6

To Mortals frail Nature hath nothing given, But what they for with Labour great have striven.

This hard Dole of Labour falls especially on the Mechanick and Husbandman, who most usually have nothing whereon to build themselves, save only the sweat of their Brows. And truly such as God hath left to their Self-indeavour, if honest Industry hath afforded them beyond then from hand to mouth, (if there be a Curse upon him that removes his Neighbours Land-Mark (never so lit∣tle) and leads the blind out of the way) how much more upon him that defrauds these wholly of what they thus honestly gain; and being dim-sighted in these things, (unacquainted beyond their Labour and Indeavour) shall take an occasion from thence

to deceive them, leading them into the Woful paths of an utter undoing.

And therefore, the Superiours (I have) before mentioned, being not (sibi ipsis solum nati) not born meerly for themselves, will (I hope) take notice of this Concernment also, in respect of the last men∣tioned, as well as themselves.

FINIS.

Notes

• * 1.1

  Ful.
• * 1.2

  Ful.
• * 1.3

  Stow.
• * 1.4

  E. Linc.
• * 1.5

  Serm. 1.
• * 1.6

  Satyr. 9. Lib. 1.