1. These Fines are the 200th part of the thing deman­ded, be it land, debt, or dam­age, and must be paid at the Plaintiffes en­trance into his suite, though he never reco­ver any thing. They humbly propose and conceive that Fines upon Originall Writs are against the Funda­mentall reason of the Common Lawes of this Realm, which never imposeth Fines upon any but offenders: But these Addere afflictionem afflictis, are exacted of the party injured, who comes to sue for Justice, when the party delinquent too oft escapes the punishment. And therefore they humbly propose that the same may be taken away, and no more payd or demanded.

2. They humbly conceive that the meane Proces in suing to the Utlary are unnecessary, This is propo­sed to prevent the chatge and delay which the Clyent is now at, who must be two Termes in sue­ing to the Ut­lary, and is besides the de­lay put to the charge of three Capias, which are commonly sued forth altogether, and retur­ned altogether in the Sheriffs name, but by the Attorney, but by this course of suing to the Utlary the proces will be a Terme shorter, and 5 s. 10 d. lesse charge, besides the Fine, if fine­able and the proceedings by way of Summons will case us of common Bailyes, and make sure that suits will come to issue in two Terms. and doe tend onely to charge and delay: And therefore they hum­bly propose that upon two summons being made in Writing to the Defendant personally, or left with some discreet person ( viz. some person of Sanae memo­riae, and above the age of fixteen yeeres) of his fami­ly, by the Sheriffe or his known Officer, and returned served by him upon Record, the party Plaintiffe may [Page 2]proceed to judgement in all personall actions in man­ner following, without appearance of the Defen­dant. (That is to say) the first Summons to appear be­ing made by seven daies before the day of appearance in form aforesaid, the party Plaintiff may enter his de­claration in Court; and in case no apparance be made thereunto within eight daies, that then a new Sum­mons in the nature of a Scire facias briefly containing the matter of the Declaration to be awarded upon the Imparlance Roll to summon the Defendant to appeare at a certaine day to come against him, at which day if the party doe not appeare within eight daies after and plead, and the Sheriffe returne him summoned by seven daies, in forme aforesaid, that then Rules having been duely given in Court to that purpose, judgement shall be given against such De­fendant by his default: and that in all personall actions issues may be returned upon the Venire facias, The procee­dings to triall upon the Veni­re facias wil bring many causes to triall a Terme soo­ner, and wil ease the charge about 4 s. 11 d. in a Cause. & Writs of nisi prius awarded, and trials had, & tales de circum­stantibus granted thereupon as formerly upon the habeas corpora & distring as jurat, provided the Jury be returned ten daies at least before the trial of the cause, and that no Essoyne shall or may be allowed upon the returne of any of the said Writs of summons or venire facias; and in all other proces the ancient course to be observed which is onely proposed by way of supple­ment, It is not pro­posed that the Writ of Capias shall be taken away first, because many persons have no certain places of abode. Secondly the way of summons being a new manner of proceeding, the proposers doubt the successe may not answer their in­tentions and expectations. Thirdly, because in some cases the party plaintiffe may have just cause to require speciall baile, of which if deprived, he would be in danger to lose the benefit of his suit, and therefore the proposers humbly conceive it better by finding out neerer and cheaper waies to bring the old road to be neglected, then to deprive the suiter of the old before he hath experience of the new. and not to take away the ancient course of pro­ceeding by way of Capias and Exigent, if the case re­quire it. But if so, then the Exigent to be awarded up­on [Page 3]the returne of the first Capias, as formerly upon the plur. Capias, and as it is now used after judgement. And for encouragement of the Shieriffs in the due execution of the said processe, They humbly propose that the like Fees may be paid upon the Venire facias for summoning the Jury, as formerly upon the Di­stringas jur. & habeas corpora, and that two shillings foure pence may be paid for every Summons to be made, the Shieriffe undertaking to doe the same in due time, viz. foure pence for a Warrant, twelve pence to the Baily that makes the Summons, and twelve pence for the Shieriffs regard; And that he shal receive likewise twelve pence for the returne of every Summons duely made; and that the Plantiffe may lay his Action in the proper County where the cause of Action shall arise, notwithstanding the Summons goe out into a forraigne County, where the parties dwel, and that without the delay of testatums, and that so all succeeding processe may issue into any County with­out testatum.

3. They humbly conceive the recovery of Rents, The Processe In Replevin at this day is so delatory, that if the Plaintiffe will (who upon the matter is defendant) he may delay the Avowant two or three yeers, for after long delay in the County Court, he may make a long and delatory defence after removall, and dis­cend to issue and triall, and then become Nonsuit, whereupon the avowant shal have a Returna bahend. the Processe whereupon wil spend wel nigh a yeere, and then the Plaintiffe may sue a second deliverance which supercedes the avowants Processe and puts him to a new proceeding to triall, which wil spend a great part of another yeere; but by the course proposed, three Terms wil dispatch the businesse, as in other cases. Services, damages for Trespasses, and other duties by way of distresse, is both a ready and ancient course, and prevents many unnecessary suits, but by the intri­cate and prolix processe thereof, the same is very much abused, and from thence neglected. They therefore humbly propose, that a nonsuit in a Replevin may be perem ptory against the Plaintiffe; and that if the same shall happen upon triall, the Jury sworne for triall of [Page 4]the issue may inquire of the Avowants damage. But if otherwise then a Writ to enquire of damage to issue, and finall judgement to be thereupon given in both cases, and that against the Defendant like pro­cesse may issue by way of Summons, and judgement had as aforesaid, without the unnecessary proceedings in the County Court.

4. They humbly conceive that the long delay, that reall Actions admits is the occasion, One halse of all trials on Ejectments fall off upon some defect or other in these points which reach not at all to the me­rits of the cause. that all titles, where the entry is not taken away, have of late beene tryed in Ejectments, which for that purpose are very usefull; but there being so many circumstances in sea­ling the Lease, entry and ouster necessary to be proved upon tryall, that many tryals have, and continually doe miscarry thereby to the great delay and dammage of the Clyent; they therefore humbly propose that all Ejectments shall be brought against the present Ten­nants and occupiers of the Lands in question, against whom such processe by way of Summons shall issne, as aforesaid: And that upon triall of the issue the Lease, entry and ouster shall be admitted, and the title onely insisted upon, and that for the better setling Possessions according to right; and by the Common Law it may be provided, that if any person or persons after any possession shall be delivered by Writ of he­red. This is pro­posed to settle the possession by the Com­mon Law, for at this day after the Clyent hath setled the title at Law, which often proves tedious enough, he cannot settle the possession without a Decree in Chancery, and here is no provision made for those that enter to make Leases for triall of titles, because they may proceed by Summons against the Tenant of the Land if they wil, according to the second Proposall. facias possessionem, or other legall processe shall again oust the party, or voluntarily distribute the pos­sessions so delivered without legall processe warran­ting the same, that then a Writ in the nature of a Writ Redeseisme may issue to the Sheriffe to re-establish the [Page 5]possession in the Plantiffe, and to give dammage, &c. as in case of Redeseisme hath been used.

5. They humbly conceive that the Common Barre and new assignment in actions of trespasse, The Common barre and new Assignment puts the Cly­ents in every Action of tres­passe quare clausum fregit, that comes to triall to at least twelve shillings charge and may be supplied by three or foure words in the Declaration, and put the Clyent to no charge at all, and the recitall of the Writ in many Actions almost doubles the charge to the Clyent, and is uselesse. quare clau­sum fregit, and the recitall of the Originall Writ in actions of trespasse, and upon the Case, and severall other actions are superfluous things, and infinitely in­crease the charge of the Clyent: They therefore humbly propose, that in all Actions of Trespasse, quare causum fregit, the place may be assigned in the Count, And that for the future there may be no more reci­tall of the Originall Writ, other then in the forme en­suing, (that is to say) A. B. attach. fuit ad respondend. C. D. de placito tr. or de placito tr. super casum, or the like, as is observed in the Upper Bench; and the Originals in all personal actions to be made according­ly without repetition of the speciall matter.

6. They humbly conceive, Many Judge­ments are dai­ly reversed for want of Originals, which some­times happens because the Attorney ra­ther then he wil pay a post Terminum or more, which is twenty pence a Terme, he wil hazzard his Clyents cause, which Fee was ori­ginally intended as a punishment upon the Attorney for his neglect; but it turnes too oft to the destruction of the Clyent: and therefore the Proposers have proposed the punishment to returne to the Clyents reliefe and not destruction. Other times this mischiefe happens be­cause an Attorney pethaps may forget in due time to sue out the Originall, and after when he sees the default, he would amend it, but the Creditors holding a course for their own benefit that no Originall Writ can be sued forth returnable of a former Terme, but within the first weeke of the ensuing Terme, the Attorney is therefore restrained to doe his duty to his Clyent. that by reason Originall Writs are not duely sued forth and filed, many judge­ments are daily reversed, and in the time to come are subject to the like inconvenience by the carelesnesse neglect or forgetfulnesse of the Attorney or Clark, or to save post Terminunis which turnes much to the pre­judice of the Clyent: And therefore they humbly propose that from henceforth there may be no re­straint, [Page 6]but that the Plaintiffe may at any time before the want thereof assigned for Error, sue forth and fyle any Originall Writ, or other Writ to make good or warrant any judgement. And that for the fyling of ori­ginall Writs no post Terminum be demanded or payd; and that then, if any Judgement happen to be reversed for default of Original Writ, the Clark or Attorney in whose default the same shall be, shall and may be fined in such summe to be payd to the party grieved, as the Court shall (having respect to the quality of the of­fence) think meet and impose.

They hvmbly conceive also that the not due fyling of Warrants of Attorney, The Warrant of Attorney originally see­med of good use, but now it. is onely fyled by the Attor­ney, and is of no use at all, but puts the Clyent to some charges and much hazzard, for that the want thereof is sufficient cause to re­verse a Judgement, and the fyling now of no use. which through forgetful­nesse or carelesnesse is often neglected, is very dange­rous to the Clyent, and yet of no benefit or use at all, and therefore they humbly submit it to the judge­ment of the Parliament whether the same be not fit to be discontinued, and the penall Statutes for the en­joyning thereof repealed.

8. This is the most unreaso­nable charge upon the Cly­ent that can be invented, which is the tenth part of what dam­mage soever the Plaintiffe recovers: as if the Defendant upon a bargaine promise to give the Plaintiffe a 1000 li. which he recovers in dammage, the Prothonotary shall have 100 li. and doth no­thing for it, nor can justifie the giving of any costs for it was originally, as is conceived exacted by the Clergy as a personall Tythe, the Clergymen being the Clerkes that Writ to all or the most of the Courts at Westminster. They humbly conceive, that Dammage Cleare is both a great and unreasonable burden to the Clyent, who after a long and tedious suit, must have his Debt or other duty Tythed; a duty anciently belonging to the Clergy, but is now converted to an improper use (as they humbly conceive) And therefore they hum­bly propose, that the same may be taken away, and no more payd or demanded.

9. They humbly conceive, The ordina­ry charge of a Fine comes to about three pound, be­sides the fine and post sine, which is the fourth part of the yearly va­lue, and the or­dinary charges of a recovery, comes to a­bout 4 l. be­sides the fiue, which comes to a tenth part of the yearely value, but if done by attor ney, and not in person, a­mounts to much more, and these so dangerous too that the care­lessenesse or knavery of an Attorney, or Officer may leave them at fast and loose, and the satisfaction a purchasor can receive by them is nothing at all, for that no man, but the parties privy can tel of what Lands they be sued forth off, when as a deed inrolled may be in­rolled in both offices, for a ten or twenty shillings charge that shal containe all certainties, and subject to no error: and though Statutes by reason of the general Office may be found, yet purchasors shal never be secured against judgements and recognizances without such course; perhaps it may be objected, that many that owe moneys, and make morgages, would be loath that their conditions should be known; and that it would be a hinderance to commerce and trade; to which it is answered, that it is better that such commerce should be lost, whereby much honest trade wil be advanced, for that men wil freely and frankly trade, lend, buy, &c. when they know they cannot be cozened in their assurances, but here as in all other cases, the proposers leave fines, and recoveries, being very ancient and authentick conveyance to the Clyent to use, or not to use. that Fines and Recove­ries for cutting off Intailes are both a great charge to the Clyent, and very dangerous in point of Error, and the same containe not any such certainty of the lands, as were necessary to satisfie and secure Purchasors and Creditors, and that also Intailes are very dangerous to them, and were first obtained, and since continued to avoid forfeitures, which they humbly conceive, is not proper to a well governed Common-wealth; and therefore they humbly propose, that Tennant in tayle may be impowred to alien, as if he had the absolute Feesimple; and that as well the Lands of the Tenant in tayle; as also the Copyhold Estate of Copyholders may be subject to their debts in whose hands soever they come, as other Freehold Lands in Fee simple are, and that such Alienation by Tennant in tayle, and all other Estates made of any Lands, Tenements, or o­ther Hereditaments, or of any rent, or other profit issuing out of the same, shall not be valued as against any creditor or purchasor for valuable consideration, before the same be inrolled in some inrollment Office to be established in the proper County, and transcri­bed, and also inrolled in some generall Office of In­rollments in or about London or Westminster, and to be [Page 8]of effect as against such purchasors and creditors one­ly from the time of the inrollment thereof, and that Offices be erected as well for the doing thereof, as also for the briefe entring, inrollment, and recording of all Judgements, Statutes, and recognizances, to the exe­cution whereof any Lands, Tenements, or other He­reditaments is or shall be subject or lyable; and they likewise to be of force as against such Purchasors, and Creditors from the time of the inrollment onely, and that reasonable Fees may be setled by the sheet containing certaine numbers of words for the doing of the same. And they humbly propose, that such deeds inrolled shall be of the same effect as Fines are, and were either at common Law, or by any Statute, Feme coverts being duly examined by the Recorders or Registers (who they desire may be men of great integrity, judgement, and worth;) and one Ju­stice of Peace, as formerly upon the taking the ac­knowledgement of fines hath beene observed. If the Clyent because he can get no Proces served upon the Defendant be forced to utlaw him, and then be forced to seiz his Land to force him in, the profit goes in­to the Exche­quer, and the Clyent loseth all, or else shal be put to the charge of a Lease which wil lye him in above 20. Markes, and 4 l. or thereabouts yearely to continue it, and then if the party plead some feigned Title, or reverse the Utlawry, all is lost, and it is desired, that if the Parlia­ment conceive it fit, that this Proposal be reduced to a Law, that care may be taken in the penning it, that the Exchequer Clerks may not evade it, for that lowable Lawes wil not hold them.

10. And whereas the Clyent is often inforced to utlaw the Defendant by reason he absents himselfe; and after a long chargeable, and tedious suit, is put also to seize the Defendants Estate, and expects thereby to receive the benefit of his suit, when contrary to the poor suiters expectation, the whole benefit is swept into the Exchequer. They therefore for remedy thereof humbly propose, that the Plaintiffe in such ca­ses may have the benefit of all seizures upon Utlaw­ries [Page 9]till his debt, or other dammages with reasonable costs be satisfied and paid; and that to that end Pro­cesse may issue out of the Exchequer, by which the Sherriffe may be authorized, and commanded to de­liver all such Goods, and Chattels, and satisfie and pay all such moneys by him to be levyed to the Plaintiffe, until he be satisfied of his debt or dammages, with rea­sonable costs to be assessed by the said Court; and that afterwards the Sheriffe be accomptable in the Ex­chequer, for the profits, The Parlia­ment having already obser­ved the incon­veniences of Writs of Er­ror have pro­vided some re­medy against the mischiefes of them, but the proposers having contrived this proposal before that was published, and finding (as they conceive) that the new Act will not produce that good effect that was in­tended, they have presumed to proceed upon their former grounds, and humbly present these Cases which they conceive are not provided for by the said Act. 1. The new Act onely remedies after Verdict, and they humbly conceive other Cases are within the same mischiefe, and deserve as much favour, for that those that come to tryal are most commonly frivilous wrangling Actions, when the other are for securing debts upon bond, and often of great value. 2. It is that no Writ of Error should be a Supersedeas, &c. And they conceive that it onely takes away the Supersedeas by the Writ of Error, but not that which is cursitorily made upon the Wit of Error. 3. Admitting it doth take away all Supersedeas, which they humbly conceive was intended yet because the Act doth not appoint what Court shal make the execution, they humbly con­ceive that Act availes little, since the Common Pleas, or inferiour Court, after the Record removed cannot make out execution, nor the upper Bench till it is affirmed. 4. The New Act gives double costs but because it doth not give execution for them, it is humbly conceived the party is put to his action of debt for them wherein he shal have no costs 5. It provides that nothing shal be moved in arrest or stay of Judgement but matter of substance appearing in the Declaration and proceeding after, so that they conceive all mat­ter deborst le Record is excluded, wherein though the intention of the Parliament was good, yet it is conceived that if the party be surprised for want of notice, or that a Jury miscarry themselves in giving their Verdict, and many other accidents of like nature, within the strict letter cannot be allowed in arrest of Judgement, which it is humbly conceived was not in­tended to be restrained by the Parliament. as before times hath been u­sed.

11. And also when as the Clyent having run over all the Processe and having obtained Judgement, and expecting his execution thereupon, Writs of Errors are often brought for delay, which though we hum­bly conceive our former proposals will make good [Page 10]provision against, yet the same being a Supersedeas, and admitting long Processe, it is often more costly and dangerous to the Clyent, then all that hath proceeded; and though they humbly conceive appeales just and useful, yet to prevent the inconveniences thereof, they humbly propose, that no Supersedeas upon a Writ of Error be from henceforth made forth or allowed, but that the Court where the original Judgement was entred, may make forth execution, as though no such Writ of Error had been brought, or record transcri­bed, unlesse the party prosecuting the same deposite in Court, the money or other duty recovered, or give sufficient Baile, to satisfie the Judgement with the costs and dammage awarded, in case the same Judge­ment be affirmed, or the Writ of Error discontinued or abated, or the Plaintiffe therein nonsuited; and that the death of any party to the said suit shal not dis­charge such baile; and that from henceforth no Writ of Error shal be received or allowed, unlesse the same by returnable within eight dayes, if there shal be so many in Terme; and if there shal not happen to be eight dayes in Terme, then at the first returne of the next ensuing Terme; and that the Plaintiffe in such Writ of Error shal without any scire facias, assigne his Errors within foure dayes after the return of the said Writ, whereunto the Defendant in the said Er­ror may if he will appear gratis, and be at liberty to al­ledge dimunution, or joyne in issue, and proceed to the examination of the Errors; and that in case Judge­ment be affirmed, and it appear any such Writ of Er­ror shal be brought meerely for delay, or that the matter assigned shal not be difficult, or abide argu­ment, then the party Plaintiffe in the said Writ of Er­ror, [Page 11]to pay to the Defendant for his or their delay therein treble costs, and dammage; and in case of nonsuite or discontinuance before argument, double costs, and in case of abatement, or in such cases where the matter shal be difficult single costs and damma­ges; and that the parties may have thereof like exe­cution as for the principal debt, or dammages.

12. They humbly conceive it fit, There is (by reason the Ci­vil Law hath no compulsary Processe) no remedy, but in Chancery for Legacies, where if the Legacy be smal, it is quickly spent with a great overplus. that some legal course were provided for the recovery of Legacies, and that the Clyent should not be forced to an equita­ble course in Chancery for every petit Legacy, the re­medy whereby often proves worse then the disease. They therefore humbly propose, that an Action of debt, Trover, detinue, or other action, as the case re­quires may lye at common Law for the same, and that therein the thing demanded upon due proof made up­on the tryal may be recovered with costs and dam­mages, and like defence, and processe may be had therein, as in such other Actions are, or shal be used at Common Law.

13. As the Law now stands, the heire may de­feat all credi­tors, for if he fear the debts of the Ance­stor, he may alien the same day his Ance­stor dies, and leave the cre­ditor no medi­um to bring his action, and though it is true that fraud may be averred, yet few frauds are hard to be proved. They humbly conceive it very hard to the cre­ditor, that the bare alienation of an heir should de­feat him of a just debt, the same being often done meerely in fraud, when perhaps the creditors money purchased the Land discending; and therefore they humbly propose, that an Action of debt may lye against the heire in all cases, as wel after as before alie­nation, and that his Person, Goods, and Land, may be subject to the execution for the debt of his Aunce­sters upon specialty, to the value of the Land discen­ding in Fee simple, or Fee tayle; and that such action, and this proposall, may (if the Parliament shall con­conceive [Page 12]meet) be extended to the heires of Copy­holders, as wel as Freeholders.

14. Many persons run into debt to buy Land, gaine liberty in prison, and there live up­on other mens Estates, and laugh them to scorne, which this it is ho­ped may pro­vide against. They humbly propose, that in case any debtor shal continue in prison upon any execution or Pro­cesse of Law for due debt, above a year, or continue outlawed after judgement above a year after notice thereof, that then at the prayer of the Plaintiffe, a Writ in the nature of a fierifacias may issue out of the Court, from whence the Processe issued, whereupon he continued so in prison, directed to the Sheriffe, whereby the said Sheriffe shal be impowred to levy the said debt and costs by the sale of the Lands, Goods, Tenements, and other estate, which such debtor shal have in possession, use or trust in the hands of another, and satisfie the creditor therewith so far as the same wil extend, and then the prisoner there­upon to bee discharged. And whereas the Cre­ditor is often defrauded of his just debt by the frauds, and coven of Executors, and Administra­tors. For remedy thereof they humbly propose, that in all cases, where Executors or Administra­tors shall suffer Judgement by Nihil dicit, nonsum informatus, or confession, that Assets shall be presumed, and execution issue immediately against their Persons and estates, and that upon all Tryalls of plene admini­stravit, the defendant shall exhibite a true Inventory, and the Judge before whom such Tryall shall be had may be authorized to examine such defend. or defen­dants upon oath to the truth of the same, or other wise Assets to be presumed, provided that in case the party defendant shall happen to besick, or have necessary occasion to be absent at the time of the said Tryall, that then if the defendant or defendants shall come be­before [Page 13]fore any Judge of the same Court where such cause shall be depending before the said Tryall, At this day if an executor give Judgment by default, the plaintiffe must either procure the Sherriffe to returne a deva­stavit which will not be had but by bribes and security, or else he must proceede by way of inquiry, which is a very questionable way, and as seemes very dangerous for defendants for if an Inquest of office finde assetts, the defendant hath legally no remedy, though in strict Law he hath no way to avoyd it, having no day in Court after judgement, nor attaint against the Jury; and now because the Civil Law hath no compulsatory processe, it is hard to charge Exe­cutors or Administrators with an Inventory, and those that are then delivered in are carelesly received, and the oath for the truth thereof too often not duly administred. and exhi­bite an Jnventory, and be examined to the truth ther­of upon oath, or shall come before any two Justices of the Peace of the County where such cause shall be tryed, giving the plantiffe or his Attorney notice ther­of, and shall there exhibite an Inventory, and be exa­mined upon oath to such reasonable questions as the plaintiffe or his Attorney, or such Justice on his behalf in his absence shall propound concerning the truth thereof, that then such Inventory shall be as effectuall as if the same had beene exhibited in forme aforesaid upon Tryall of the said cause, and that the Judges and Justices aforesaid may be impowred to administer and examine upon oath as aforesaid.

15. They humbly propose, The present inconvenience concerning Tythes is very great, the Ci­vil Law not having power to proceed, and the Com­mon Law onely for predial Tythes, wherein though treble dammage be given, yet because there is no costs they are not worth suing for, unlesse of some considerable value, and Justices of Peace, few of them being Lawyers, cannot wel judge therein. that in case the Parlia­ment shal thinke fit to continue payment of Tythes, that then an Action of debt, detinue or trespasse may lie generally at Common Law for the same, as wel before setting forth as after, wherein dammage and costs may be recovered, as in other like Actions at Common law.

16. They humbly propose, that for the avoyding of unnecessary and frivolous suits at Law, that it may be enacted, that if any Attorney or Sollicitor shal de­posite in the defence or prosecution of his Clyents [Page 14]cause any other or larger summe or summes then so much as the charge thereof shall surmount unto in Easter Terme, Trinity Terme and the short Vacation, or in one other Terme and Vacation, that then such At­torney or Sollicitor shall be without all remedy to re­cover the same against the Clyent at Law.

17. And for the further avoyding of the frivolous suits at Law, In Replevin at Common-law tender of a­mends before impounding in all cases was a good barre, and by the Statute 21. Jac. in trespasse, for involuntary trespasses tender of amends is made a good plea being done before Action brought; but because many times impoundings and actions are made and brought perhaps before the Defendant hath any knowledge of the trespasse, this proposall is presented: But for voluntary trespasses it is conceived fit to leave them at the Com­mon Law to prevent greater inconveniencies. they humbly propose, that tender of sufficient amends with costs for all involuntary Tres­passes may be a good barre in all Replevins and Acti­ons of Trespasse brought for the same, so that the same be done before the Rules be out for pleading in such Action.

18. And for the reliefe of distressed Widdows that have no Joyntures, By the Com­mon Law the Widdow can­not intermedle with the Inhe­ritance of her husband till her dower as­signed or reco­vered by Acti­on, and the processe is so delatory there­in, as that she may perhaps be two or three yeeres before she shall have her Dower assigned by Law, besides the great charge, and twenty acci­dents may abate the suit to set her how to begin and lose her costs, as death of Tenants, mar­riage, entry upon any part of the Lands, &c. they humbly propose, that it may be lawful for them to hold and enjoy all the Lands whereof the husband died seized of any estate in Fee-simple, or Fee taile in Demesne in common with the heire, until such time as the heire shal assigne her or them Dower to the value of a ful third part thereof in severalty, and that of all Rent and other Inheri­tance and services whatsoever, whereof she is Dow­able, and the husband dies seized, she may take and seize, or have and maintaine all Action of Debt, or distreine and avow for a third part thereof, until such assignment. And that this proposall may extend to [Page 15]Coppyhold Lands where the wife is Dowable, as wel as Freehold.

19. And for the avoyding many unnecessary, At Common Law solvit ad diem, or nil debet is no plea to a simple ob­ligation or Bil, because the same is not of so high a na­ture, so that if the Plantiffe were knavish in all the cases in this propo­sition, he might force the De­fendant into Chancery, where both Plaintiffe and Defendant spend on the Defendants part. pro­lix, and costly suits in Equity, they humbly propose, that to all Bils, Bonds, and other specialties for pay­ment of money, or delivery of goods, or ware which are payd or delivered, and accepted by the Plaintiffe, though not at the time and place, nil debet per primam may be a good plea for the Defendant. And that in all other cases the Defendant may plead or alledge quae prist à payer, and tender in Court the principall debt, or other duty, with Interest and charges; or if part onely be paid, or delivered and accepted, the Defendant may be admitted to alledge the same, and alledge prist à payer, or deliver for the residue, and tender in Court the residue of the debt or other duty, with interest and costs; and that in both cases the Plaintiffe shal accept thereof, or be clearly barred of his Action in case he shal take issue thereupon, and it be found against him; and that like pleading and ten­der may be allowed and received upon Mortgages within seven yeeres, or some other certaine time or number of yeers after forfeitures; and that after such time elapsed no Mortgage may be redeemable either at Law or in Equity.

20. And further they humbly propose that to take away occupacy, estates for life may be deviseable, By the Law at this day, if a man that holds for another mans life hap­pen to die, and have not assigned over his Estate, he that next happens possession, though a stranger, in strict Law goes away with the state; wherein though the Law directs the state up­on very just ground, viz. that in equali jure melior est conditio possidentis, yet because many incon­veniences happen hereby, this Proposall is submitted to judgement. and in fault thereof discendable to the heire, and make the heire subject and lyable to the debt of his Ance­stor, to the value thereof.

21. And lastly, where as the Parliament hath late­ly enacted, that the Defendant may in all eases plead the generall Issue, For if the De­fendant being an Executor shall plead non est factum to a Bond, which is conceived to be the generall Irsue, the plain­tiffe shal be put to prove the Bond sealed and delivered, that the De­fendant admi­nistred, and hath assets, and then the De­fendant may prove pay­ment, or that the Bond was made per dures &c. and many other cases are brought within the same mis­chiefe. and give the speciall matter in evi­dence, which they humbly conceive may be of great benefit and ease to the Defendant, yet it may be of infinite inconvenience to the Plaintiffe, who thereby wil be necessitated to very great charge in bringing to the trials of such Issues many witnesses that other­wise might have been spared; besides the many dan­gers that wil inevitably fall upon the Plaintiffs, to the losse or hazzard of their causes. For the preventing of which mischiefe, it is humbly proposed, that by way of supplement to that Act it may be provided, that in all cases where the Defendant shal plead the general Issue, and intends upon the trial to relie upon any spe­ciall matter, the Defendant or his Attorney pleading such plea, shal upon the tender of the said plea, or at least fourteen daies before the trial of such Issue, give a note in writing under one of their hands to the Plaintiffe or his Attorney of the contents of such spe­cial matter, whereupon the Defendant wil relie at the trial of the said cause, and to be concluded to give in evidence any other special matter whatsoever, and that the Defendant may not upon any trial relie upon two special matters of justification; and that that act may not extend to Replevins, nor that the Plaintiffes put to prove any thing in relation to the maintenance of his Action, that such speciall matter had admitted, if duely pleaded.