Page:An Essay on a Registry for Titles of Lands - Asgill (1698).djvu/26

This page has been validated.

[19]

defending these Titles in Forms of Law, and this is called Pleading. Thirdly, The arguing upon these Conveyances, and Pleadings (when they come in contest) before the Judges, and this is called Practice at the Bar. So that the Practice of the two latter doth arise from the Errors or Incertainties of the former. Were the Titles of Lands once made certain (which they may be by a Registry, and no otherwise) I know what I think of the future Gains of the Law: The profit of the Law arises from the Incertainty of Property, and therefore as Property is more reduced to a certainty, the profit of the Law must be reduced with it, the Fall of the one must be the Rising of the other. Actions of Slander and Battery, and Causes on the Crown-side, would scarce find some of the Circuiteers Perriwiggs, and yet (if we observe Evidence) they stand obliged to Disputes in Titles for many of these. Theif and Whore, Kick and Cuff, are very often the Effect of forcible Entryes, Trespasses and serving of Process, in which the Title comes frequently in Question. But the reducing this part of the practice of the Law, are things not seen as yet. The Proximus ardet will fall upon the Conveyancers, and that not by altering the Forms of legal Conveyances, or taking themout