a physician, if he were put to it, might go through in a cure with out an apothecary, notwithstanding which, it is free for him to prescribe all such medicines to any apothecary that he is satisfied in. And it is far from the intention hereof to brand all apothecaries, many of whom are allowed to be honest and conscientious, as well as eminently able and skilful in their profession, and such as may be trusted by physicians; any of whom, as they appear to be such, for all that hath been said, may have as much to do in their own proper work and trade, as formerly, or within a small proportion, while physicians engage no farther, in giving any thing of their own preparation, than the practice of apothecaries hath necessitated them unto. And even, as to those medicaments to be prepared by physicians, they also may be lodged with such apothecaries, to be used by the physician's prescription, or allowance, and not otherwise (for preventing misapplication by such as are ignorant of them, and ill success, or failure of success thereupon, to the detriment of the patients, and undue defamation of the medicines) and vended at such rates, as may make him a saver (which ought to satisfy him, since concealment is his design) and the apothecary a reasonable gainer, and yet not be burthensome to the patient. By which means, when there is a good understanding between the physician and the apothecary, and no cause or provocation given, there need be no notice taken to the patient of any such medicine of the physician's preparation administered, but all things may be supposed prepared by the apothecary. And this transaction, between such physicians and apothecaries as shall agree upon it, will bring this whole affair into as good a condition for the benefit of the latter, as to their own work and trade, as ever it was heretofore, when they kept within their own bounds, and as of right it ought to be: And, therefore, should seem very desirable, and readily to be embraced by them, for avoiding greater inconveniencies and disadvantages, which by transcending their bounds, and undertaking above their capacities, while they inju riously invade the rights of the physicians, they may most justly bring upon themselves.

A POSTSCRIPT.

THIS discourse was written above five years since, not in any haste to be made publick, but to give vent to, and discharge the mind of the author of some working thoughts, wherewith it was frequently occupied, by occasion of what he had long observed, and could not but take notice of, tending to the ruin of the profession of physick, by the practice and designs of the apothecaries, if they should hold on the course they have used these many years, and nothing should be done to undeceive the world concerning them and their actings, to the disadvantage of physicians. It was some satisfaction of mind, to make out, in any rational deduction and coherence of things, what had so much exercised and taken up

his thoughts, though it were but to lie by, or be communicated to private friends at most: And, there being at first little thought or inclination to publish what was so conceived in writing, the plague and the fire did successively for a long time after divert from any such thoughts. If an account be demanded, why this discourse comes forth in publick at this time? There shall no necessity of it be pleaded, as the manner is with some authors, to make the world believe them, upon some account or other, necessitated to publish their works: Neither shall importunity of friends be insisted upon, though something in that kind might be alledged. And, if the author may be believed, it was no design of private advantage by gaining profit or credit, that induced him to the publishing hereof. They have been far different ways, and especially compliance with apothecaries, that have been in use hitherto, to improve a physician's practice: And therefore this, in reason, may be a course to ruin it; except he be one that hath the advantage of some reputation for approved ability and honesty, attended with some considerable success. All that the author alledgeth, for this publication, is, that the causes exciting and provoking him to exercise his thoughts this way, and to put the same in writing, con tinuing and increasing (that is, the invasion of the practice of physick by apothecaries, and their actings to the prejudice of physi cians) begat a presumption in his weak judgment, that such a discourse as this might do some right to the profession of physick, and might give occasion to physicians of acting somewhat towards the securing of it from utter ruin, especially while it might be coincident with the honour of the art, by improvement of that part which concerns the preparation of medicines; without prostituting or exposing what they may attain thereby, to those that have no right to make such advantage thereof, as hitherto they have done against physicians, upon their communications to them on the behalf of patients. Another presumption was, that it might undeceive the people, in reference to the supposed advantages of good received, or charges saved, by making use of such apothecaries in place of physicians, as take upon them to practise physick.

It hath been far from the intention of the discourse to hinder apothecaries, much less to ruin them, if that were possible, in the trade that they have any right to exercise; that is, the making and sale of medicines; or to advantage the practice of physick, by the sale of any of the physician's own preparation. But, according to what was before expressed, to give occasion to physicians to consider how much it concerns them, in this age, to endeavour the invention of better than the shop-medicines (towards which their own exercise and experience, in the preparation, will give great advantage) and reserve them to themselves, that they may have something more than any apothecaries can pretend to be masters of, in order to improve the art, as well as secure the practice to themselves; which, by this means, is both lawful and fair for them to do. And though it be free for them to be so furnished as to be able to go through with any cure without employing an apothe

cary, as the apothecaries do without physicians, yet this is not in. sisted upon, except in case of just provocation, or necessitating thereto Otherwise, the hinderance of the apothecaries, in the trade that of right belongs unto them, may be inconsiderable, or in a small proportion, according to what is offered in the conclusion of the precedent discourse; and that it should be any at all, is but what they have deservedly brought upon themselves.

As to empiricks swarming so numerously in the city of London, and all parts of the kingdom, it hath not been the work of the discourse to animadvert upon them; because, though many of them may be less fit to be tolerated in the practice of physick than some apothecaries, yet their practice is more obvious to publick notice; and they, having no such relation to physicians as apothecaries have, are in no such capacity of betraying any trust committed unto them by physicians (which the communication of their practice to apothecaries, in the nature of it, is) or of fighting against physicians with their own weapons.

In the discourse there hath been no affectation of stile or language, only an endeavour after expressions adequate to the things intended. Neither hath there been any strict observation of method; whence some things or passages, in effect the same, are more than once, upon several occasions, brought in ; but all, in this kind, amounts not to so much, as to carry an appearance of a designed inlargement. If the main intention thereof prove grounded, and of any good importance to be publickly taken no. tice of; the defects, or faults, are presumed not to be more, or greater, than a candid reader may connive at, or pardon.

REASONS AND PROPOSALS

FOR A

REGISTRY OR REMEMBRANCER OF ALL DEEDS AND INCUMBRANCES OF REAL ESTATES,

To be had in every County, most necessary and advantageous, as well for Sellers and Borrowers, as Purchasers and Lenders.

To the Advance of Credit, and, the general Good, without Prejudice to any honest-minded person, most humbly offered to consideration.

By NICHOLAS PHILPOT, of New-Inn, Oxford.

Printed by W. Hall, for Richard Davis, 1671. Quarto, containing ten Pages.

IT

T is most apparent, that fraud and deceit increases continually; for remedy whereof, there have been many wholesome laws made, which are no sooner published, than evaded by some new contrived artifice.

Until 27 Elis. no provision was made against fraudulent conveyances, and then, that mischief being grown high, was a most excellent law enacted to remedy it; without which none durst purchase, and consequently none could sell lands in those days, as it is evident by the great number of cases controverted therein.

Yet, notwithstanding the well penning of that statute, and the learned expositions upon it, this law is not, at all times, able to suppress or avoid a fraud, subtly contrived, as by payment of money, or giving security in publick, and then repaying or restoring it in private, or the like; but, if a publick registry, or remembrance of all conveyances and incumbrances on real estates, were settled in each county, all mischiefs and inconveniencies whatsoever, by precedent grants and incumbrances, would be prevented to purchasers and creditors, unless it were by their own wilful neglect; and, if so, they are deceived by themselves, and none else.

The usefulness, and benefit to all his majesty's subjects, of what is proposed, appears, and is demonstrable in nothing more, than the vast number of suits and actions in the Courts at Westminster, arising merely by reason of precedent and concealed incumbran ces, which have, and daily do waste and consume the whole substance of such as are concerned in them; and two parts in three, at least, of all suits touching real estates, depending in Westmin. ster-Hall, are sprung from this mischief.

To instance particular examples of persons deceiving, and deceived in this kind, is not necessary, it being so epidemical and obvious, nor can be mentioned without scandal to such as are guilty therein; yet, to satisfy curiosity, I could vouch and justify, within the circuit of the small county wherein I live, to the value of above forty thousand pounds, at least, of them at this time in being; and, I presume, there are very few, who are acquainted with dealings in the world, that cannot demonstrate too many sad instances of the like kind, in their own respective countries.

The terror of this mischief affrights persons, who have money to lend unto those that want it, and occasions the demanding of too unreasonable securities, which inforces men to engage their friends, as well as their lands, to satisfy scrupulous lenders; and hath so far weakened credit, as that a lender, in these days, will rather set at five per cent. to a city goldsmith, or scrivener, upon a note of his hand, than at six to a country gentleman on his mortgage, judgment, or statute, and with a prudent foresight too; for, in the one case, if his security proves defective, he spends, perhaps, all he hath to endeavour the recovery of it; and, in the other, being out of hopes, he is freed from further trouble or charge, and sits down by his first loss.

As the discovery of precedent incumbrances would be to the great benefit, safety, and satisfaction of purchasers and lenders; so would it prove no less advantageous to borrowers and sellers, by giving them credit to raise money on sale, or engagement of their lands, as occasion requires, without drawing in (and thereby

TQL, VIL.

I i

often ruining) their friends to be engaged with them; or giving general securities by judgments, statutes, and recognisances, which attach their whole estates, and make them uncapable of selling or disposing any part of it, upon what emergent occasions soever; this as to the sober and circumspect debtors.

Then, as for the young gallants, who know no more of attaining to estates, than the derivation of their descent, and, at sixteen years old, hop to the University, then, at nineteen, fly to London, where, by one-and-twenty, their uncurdled brains evapora. ting into froth and air, they, like young jackdaws, are enfranchised into the society of the old rooks of the city, who, having discovered their warm nests in the country, soon lead them into the snares and lime-twigs of judgments and statutes. The principal means of their delivery and preservation will be a timely discovery of their first engagement, which the thing proposed will effect; for, when once the incumbrance they create is discovered, by the entry of it in their own country, without which no considerable sum will be raised, then the parent, if living, is fairly forewarned to check the son's prodigality; if otherwise, the unthrift will be inforced to discharge his old engagement before his new will be taken; and the very apprehension of discovery will cause many to forbear those follies, which, though subject unto, they abhor to have known.

When an estate is once involved in unfathomed incumbrances, then it creates suits upon suits, the expence whereof soon devours all, without either satisfying the creditors, or leaving any thing to remain for the debtor.

It is very observable how the state and condition of the seller alters the rate and quickness of the sale.

If a person, reputed to be indebted, or engaged, offers land to sell, none will adventure to deal, for fear of precedent incumbrances, unless it be upon very great advantages of an under value, in regard of the danger; when as a man, void of that prejudice, may soon sell at the uttermost value.

1

There are persons who drive a trade in brokerage of money, whose.course is this: Upon the application of a borrower, he finds out the money, proposes the security, and names himself for one. This double kindness obtains a bountiful reward out of the sum, and, likewise, undoubted counter-security, not only against this engagement, but also all others in future, for my broker intends not to desert his fresh man so. Then, for his general indemnity, he takes a lusty previous judgment of his friend, as more concealable than a statute, and, upon the credit of it, makes new supplies, from time to time, as occasion requires. When the old debt is called in, as it must be once a year, he engages a-new, taking up so much more money as will supply the present occasions of the borrower, and reward the broking-surety. If the principal and his co-engaged country securities, these things being reciprocal betwixt them, prove slack or defective, whereby the broking bondsman is hardly set upon, he resolves to submit to the law, and takes