TO reduce the Lawes to brevity, let those matters which are the occasion of so many Lawes, be taken away, and let every one that shall su­staine any damage in the Common-wealth by it, have just recompence and satisfaction for it. The whole Matter of all Lawes, is by Lawyers divided into Things, Persons, and Actions: by Things, they meane that which Men really have and possesse of Goods and Lands: Persons are differenced accor­ding to their severall Conditions in the Common-wealth, and so have severall Legall Capacities, which Nature hath not produced; those which are differences in Nature cannot be taken away, but the other may in reference to the Lawes, though such Distinctions may remaine still in Common acception: And by Actions are meant the wayes and meanes to acquire their Right, by Processe of Law, accord­ing to Bargaines, Contracts, Deeds, Wills, Trespasses, and Matters concerning the Pleas of the Crowne, about Felonies, Treasons, and Matters of the Peace. If these Three Generall Matters were reduced to their true naturall Singlenesse, a short roome would containe all the Lawes of any Common-wealth or Kingdome.

The Common Law in England, consisteth of many Auntient Cu­stomes; and to rectifie inconveniences in those Customes, as grievan­ces have arisen, Statutes have been made from time to time in Parlia­ments, which hath caused a Multiplying of Lawes, and severall Sta­tutes, about severall Clauses in former Statutes, to the pusling of all people that are not Lawyers: and many Statutes have been made a­bout particular Customes of some Townes and Cities in the King­dome, which may be brought to one way alike throughout the King­dome; and it would make men better acquainted with every ones Right, through all the Kingdome: so that every honest understand­ing [Page 2]Man would be as well able to judge of Right, as any Judge of the Law now is or can be.

If there were a Law made, that whosoever did hurt another by Word or Deed, should make recompence to the Party hurt, accord­ing to the quality of the Offence: people would be more carefull how they hurt any than now they are; when none know now, how to have recompence but a Lawyer, and that with more expence of Mo­ney and time, than most Injuries are worth: and if some people wrong one another, so they can keepe without Compasse of the Lawes, they care not what they doe.

There are small payments out of Land, the omitting whereof, sometime causeth the forfeiture of the Land, and how ever pusleth those that are ignorant of the Lawes that now are so many; these small Rents they pay by reason of that which is commonly called the Tenures in England, which were brought in by the Conquerour as to the Court of Wards, which though that be taken away, as to Knights Service in Capite, yet that slavery will remaine upon Peo­ple still, as to free Soccage Tenure, to their Great trouble under that Court, and under Inferiour Mannours: yes, though all Lands should hold by the freest Soccage Tenure that can be. But if all Tenures might be bought out by all owners of Land, for a summe of money ready downe, and so their Land freed for Ever; as some Mannours have been extinguished by selling all the Lands free to the Copy-hold Tenants belonging to them, for Thirty yeares Purchase, because of the Fines at Deaths and Alienations: their Lands might be bought thus, free of all Tenures whatsoever, and Land would be as free as it was to the Sonnes of Noah; in whose time it was from the Gift of God himselfe; as it is written; Deus dedit Terram filiis hominum; God gave the Earth to the Sonnes of Men. This would abolish and make voyde a great part of the Common Lawes of England, and take away the grievance and burthensomnesse of innumerable intricate Lawes; it would abolish the Court of Wards utterly, without need of any Office to Record where Lands are holden, and without need of any Act of Parliament to doe it, without wrong to the King: and all in­feriour Court Barons without wrong to meane Lords of Mannours, to the Ease of the Subject for Ever: and so of Tythes may be first Com­pounded for, and then bought out by the Land­lords, at about 15 years purchase, as Men shall come to be able: and Trustees to receive the Money, and pay so much as the Rent cometh to for it, till so Much land be bought and settled for it, as will rent so much a yeare, for the Maintenance of the Schollers thot are to receive them. Tythes in like manner, which belong to Parsonages & Vicuradges, which are appurtenant to Mannours, as the Copy-hold [Page 3]and Free-hold Lands are: and it is as much reason, all should be quite freed from the Inferiour or meane Lords, as from the Lord Paramount, the King, and his Court of Wards: and then the Law would not hinder but that all might dispose of their Lands by Will.

But whether Men dye and make Wills or no Wills, Some in every Parish for all businesses within the Pa­rish: and some the Justices of the Peace for the County, for d [...]fferences in Places at Distance: and all to beare their owne charges and Clarks. Appeales might be to the Justices at every Quarter Sessions. Indifferent Men might be chosen and appointed, ei­ther to interprete the Will in some short time, after the parties decease, or to dispose of the Estate of the Party, that made no Will, according to Equity, for the benefit of the Children and poore Kindred, as the Case should require: and this would take away all Controversies in Equity and Law, about Wills and Legacies, with little charge to the Parties, and it would lessen the Publique charge for the poore; also it would so settle all Estates that few Evidences or Records, and those briefe ones will need to be kept.

If all Trespasses and Wrongs by Word or Deed were to be deter­mined, upon or neere the Place where it was done, by Conscientious Men, with full power to make the Parties come viva voce, and acquitt all Matters between them to that Day, and to be bound by Bond to satisfie so much Money as the Major part shall award in recompence; this would put an End to another great part of the Lawes.

If also all writings of agreement whatsoever were made very briefe, without words of forme as are now used, but plainly to expresse the Matter; and were entred in every Parish, in some Towne-house of Re­cords, where the Parties dwell, within a week after the writing made, or else the writing to be voyde (except for petty Matters, for some short time between neighbour and neighbour) there would be no need of going to London about Suits, nor any expence in Law at home: there would need no Court of Common-Pleas, nor Chance­ry, nor Dutchy-Court, nor any Court of Law: but a Court of Par­liament.

The Court of Parliament might from time to time make Lawes, and see the Publique Lawes observed, which might be few and very briefe, concerning the punishment of those that shall be found wil­fully to judge unequally, when the Right is made so easie to be dis­ [...]rned. Also about Publique Rates and Payments of Money, that [Page 4]all may pay according to their just proportion: for mending of pub­lique High-wayes, Bridges, Sea-banks, and Sluces. For keeping the poore; for setting People on work, that there may be no wanderers, nor beggars. For Marketts, that Measures be all one and the same throughout the Kingdome. For restraining common disorder in Innes and Alehouses, and other disorderly Meetings. Also for Ordering of Hawking, Hunting, Shooting, Fishing and Fowling; also the Militia and Armes of the Kingdome: that all that are able to finde or serve in Armes be ready against all Insurrections or Invasions when the Parliament shall see cause. Also to order the Propaga­tion of Common Civility, Learning and Christianitie by Towne-Meetings Instead of Catechizing old People, which they cannot be brought to in any so profitable way as by Lo­ving conference. of Conference, for instructing and edifying one another, and Resolving, Doubts, every First Day of the Weeke, and to have the Scriptures read; also the Baptisme and Supper of Remembrance Celebra­ted, in a discreete Christian way, without offence to any Doubting Conscience. To which End the Orders of Schooles and Universities might be viewed, considered, and amended, from time to time, as experience shall teach, for the bringing up all that will study; that they may attaine the highest wisdome, and ability to Teach in every Towne and moderate the Conferences, that but one speake at once, (which may be done by a Instead of Institution and In­duction from the Bishops courts. Commissi­on from the Parliament, as other Officers of the Com­mon-wealth now have, and not otherwise, to avoyde the intrusion of illiterate Men to be Moderatours: when the present Schollers that may doe it now shall dye or leave their Places) and in Resolving Doubts and Questions which shall be made, may not God stirre up the Spirit of wisdome in many, in this way, as he did in Solomon, to Resolve hard Questions or Doubts, nay all Doubts and Questions, that any can make: now when they are cleered and Re­solved, then Babell that Mother of Errour and Confusion will fall, and all the Mysteries of God will be revealed: and wee shall all re­joyce in that measure, which God hath afforded in his severall Gifts to All, and live in unity till the Trump shall blow and raise the Dead, and the whole Creation be restored, to the Glorious Liberty of the Sonnes of God.

It were convenient, that there might be no Estate but Absolute, for Life or Inheritance, without Conditions and Entayles, whether [Page 5]given by Will, or purchased by Deed in writing, and this would shor­ten all suits about Estates.

If none were to be put to Death for any thing, except for Treason, Rebellion, or Murther, but to make fourefold Restitution for Felo­nies; and if Men have not to Restore, they might be made to worke in some place of Restraint, till satisfaction be made; then Men might not loose their lives for so triviall Matters, but have time to live and Repent; which Law would be full of Mercy to Mens soules, agreeable to the Law of Love.

The Lord Cookes foure Parts of the Institutes are these: First, of Estates; Secondly, of Magna Charta, and other old Statutes; Third­ly, of the Plea's of the Crowne; Fourthly, of the Jurisdiction of Courts: these which contain the whole summe of the Law, would all be rendred uselesse by the former Ordering of Matters: and instead of the vast Body of the Law, a few plaine briefe Lawes, like a new Magna Charta might be made, and that to Conclude, that every one may have their Right, according to the Law of the Land, and the Law of Charity; this is Salus Populi & Suprema Lex. And the briefe contence of all the Lawes, might be printed in a Table or Little Booke, for every one that can reade to make use of: and if any incon­venience should happen to any, upon the change of such a present re­ducement of the Common-wealth, every ones Losse might be con­sidered, and if the whole be gainers, they may in Reason give some­what by way of Publique Assessment, that will pay every one downe in ready Money for a Recompence. And then all might have leisure to study the Mysteries of Art and Nature, in their severall wayes to maintaine their Outward Life, and also the Divine Mysteries in their severall wayes of their Inward Christian Life.

There will neede no Forrest Lawes, if all Lands inclosed be bought Forrest free, and Forrests bounded with lasting certaine bounds as Parks are.

The Lawes should be made as short and plaine as could be, with­out the nice words, and Tautologies, or Repetitions of Law that are now used.

Sir Francis Bacon saith, the best way to Reforme a Common-wealth without disturbance, is, to reduce it to its first Principles, or Primitive Order. From whence many Customes have been introduced and made Lawes, to the prejudice of true Christian honest Liberty, by the [Page 6]Corruption of the Times in a Common-wealth, but the Roote and foundation of Law is very Good.

The way to make the best Platforme for a Common-wealth, were to send Letters into All Countries of the world, and have a short draught from thence, of all the Excellencies and Inconveniences of their Governments, & some appointed, to compare all those draughts with our Common-wealth, and then it might easily be mended, and made a better Common-wealth, than ever was in the world, by any humane appointment.

Also, that all Lands in the Kingdome might be brought to the best improvement, and that all Lands, which hitherto have paid nothing, may beare a just proportion according to their equall value in Pub­like Rates: all Commons and waste grounds might be surveighed and inclosed, and put into Farmes, and the Rent imployed for the good of the Towne, or that poore people might have rather more than their portion severally inclosed to themselves, and the Rest to be in­closed according to every ones just proportion; and that little parcels of Land lying at so Great a Distance, as they now doe in some Com­mon fields, may by Exchange be laid together, for the best Conveni­ence, and then inclosed.

Also where there are ill Fences without Ditches for boundaries, which cause unjust incroachments upon others Rights, that Parties might be Ordered, to give or take a Ditch, and to fell and part Trees In Fences that are in Controversie, that Men might live together in Peace without wrong one to another for afterwards.

All these things may be effected without an Act of Parliament, or Repealing of former Acts or Statutes, by Commissions to fit Per­sons in the severall Parts of the Kingdome, with small charge; and when they are effected, things cannot be reduced to the pre­sent troublesome way, by any new Act or Statute whatsoever after­ward.

The maine of these things may be setled in a Quarter of a yeare, without any great trouble to any Body.