io8 History of the English Landed Interest. 



This advocate of public registration ^ next sets liimself the 

 task of formulating a scheme which would, he thought, pro- 

 duce many good results without incurring the drawbacks 

 enumerated above. And, first, he points out that the statute 

 27 Hen. VIII. c. 10 had intended to introduce the idea of a 

 public registration, but it had never been brought to perfec- 

 tion. He now suggests the division of the various documents 

 suitable for some form of registration under three headings, as 

 follows : — 



Deeds. 

 Wills. 

 Judgments, statutes, and recognisances. 



He would provide that in future no estate should pass from 

 man to man (by act executed in lifetime), and no use or trust 

 of any estate be raised but by deed. That such documents 

 should be shortened as far as possible by the substitution of 

 certain short words for the long involved sentences then in 

 fashion. That persons should be encouraged, by the ease with 

 which the process could be effected, to enrol these deeds before 

 certain recognised authorities at centres most suitable to the 

 parties interested, and that twice a year the various authorities 

 should be compelled under a penalty to furnish the clerk of 

 the Enrollments in Chancery with copies. Such a scheme, he 

 argued, was divisible for the three following reasons : — 



1. That whatsoever estate, reversion, remainder, or contin- 

 gent remainder or uses, a man may bar, by fine, or common 

 recovery with single or double voucher, he may bar by a deed 

 enrolled except as to the point of non-claimes, provision for 

 infants and idiots. 



2. That a deed enrolled may supply the defect of livery 

 and seisin and attournment. But not as to forfeiture of the 

 estate of him that makes it. 



3. That uses may be as well created and executed upon a 

 deed enrolled, as upon a fine or feoffment or release. 



* A Treatise showing how Useful, etc., the Inrolling and Registering of 

 all Conveyances of Lands may be to the Inhabitants of this Kingdom, 

 By a person of great learning and judgment. 



