Reasons for the continuance of the common Assurance of Land by Fines.

I. Fines are the common and the most ancient Assurances of this Na­tion, long before the Conquest: Plow. fol. 357. & 368. which puts an end to all Controversies in the Law, and against which there is no averment.

II. They are the most short and concise of all Evidences, yet full and per­fect, in so much that the Chirographer (for security) writes them twice o­ver, to be kept in severall places; proclaims them foure times in open Court; And because all parties are by them barred, not claiming within five years, He enters them in severall Rolls, every County by it self, to be sent into each perticular County, and published at the Assizes, and all this for his Fee of five shillings, per Stat. 13 E. 1. 4 Hen. 7.23. Eliz.

III. They are most in esteeme and acceptation with the people, against which there was never any complaint: And in case the State should re­linquish their Revenue thereby (which none complains against) amount­ing to twenty thousand pounds per annum at least) they would be as cheap Assurances, and as perfect Evidences as can be devised.

IV. They are by the wisdom of former Parliaments so carefully provided for, in way of their acknowledgment, prosecution, and recording, as that they can neither be forged nor embezeled.

V. Although divers persons inhabiting in severall Counties should hap­pen to have one joynt estate in Lands, which lye in many Counties, yet may they all joyne and leavy a Fine by Commission, and so passe away their Estates at their own severall habitations, without further travell or trouble.

VI. They bar a Feme Covert, which no other Deed or Conveyance can do.

VII. They may (as anciently usually they did) with much brevity declare their own uses, that the parties need no other deed.

Wherfore, seeing Fines are so concise, so ancient, so cheap; so much esteemed by all men, such perfect Assurances, and in regard they put an end to all Suits, bar all Claims, have so many Acts of Par­liament approving and strengthning them, and take their rise long before the comming in of the Normans, and are part of the Common Law of England. It is humbly conceived, it will be most safe and acceptable to the people still to hold their Estates by this Assurance.

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