THE Judges Resolutions Upon the Several Statutes Concerning BANKRUPTS WITH The like Resolutions on the Statutes of 13. Eliz. and 27. Eliz. touching fraudulent CONVEYANCES By GEORGE BILLINGHVRST of Grays-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1676. I do allow the Printing of this Book Intituled The Judges Resolutions upon the Statute concerning Bankrupts 28th June 1676. FRA NORTH Gentle Reader THou hast here a methodical digestion of the several Statutes concerning Bankrupts presented to thy view together with such Expositions as have been made of the several parts of them by the Learned Judges of this Kingdom since they came forth And in regard the matter hereof may concern most men I thought it would not be unnecessary to be published For although there be a Reading in Print upon some of those Statures more full of abstruse Notions and Learning than this is yet I have some ground to believe that this will be thought for ordinary capacities and the generality of men much more useful I have also added hereunto the several Statutes of 13 El. and 27 El. touching fraudulent conveyances with the like Exposition of the Learned Judges on them in several cases annexed which may be likewise of use unto thee Farewel T. B. What a Bankrupt is and his Description 34. Hen. 8. Chap. 4. THe Lord Chancellor Treasurer c. shall take order with Bankrupts Bodies Lands and Goods for the payment of their Debts Al. 13 El. 7. 1 Jac. 15. 21 Jac. 19. 13 Eliz. Chap. 7. Who is a Bankrupt how and by whom his Body Lands and Goods shall be ordered for the payment of his Creditors FOrasmuch as notwithstanding the Statute made against Bankrupts in the xxxiiii year of the Reign of our late Sovereign Lord King Henry the eighth those kind of persons have and do still increase into great and excessive numbers and are like more to do if some better provision be not made for the repression of them And for a plain declaration to be made and set forth who is and ought to be taken and deemed for a Bankrupt Therefore be it enacted and established by the Authority of this present Parliament that if any Merchant or other person using or exercising the trade of Merchandize by way of Bargaining Exchange Rechange Bartry Chevisance or otherwise in gross or by retail or seeking his or her trade of living by buying and selling and being Subject born of this Realm or of any the Queens Dominions or Denizen sithence the first day of this present Parliament hath or at any time hereafter shall depart the Realm or begin to keep his or her House or Houses or otherwise to absent him or herself or take Sanctuary or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for Money delivered Wares sold or any other just and lawful cause or good consideration or purposes hath or will suffer him or her self to be outlawd or yield him or her self to prison or depart from his or her dwelling House or Houses to the intent or purpose to defraud or hinder any of his or her Creditors being also a Subject born as is aforesaid of the just Debt or duty of such Creditor or Creditors shall be reputed deemed and taken for a Bankrupt And be it enacted by the Authority aforesaid That the Lord Chancellour of England or Lord Keeper of the great Seal of England for the time being upon every complaint made to him in writing against any such person or persons being Bankrupt as is before defined shall have full power and Authority by Commission under the great Seal of England to name assign and appoint such wise and honest discreet persons as to him shall seem good Who or the most part of them by vertue of this Act and of such Commission shall have full power and authority to take by their discretions such order and direction with the body and bodies of such person wheresoever he or she may be had either in his or her House or Houses Sanctuary or elsewhere as well by imprisonment of his or her body or bodies as also with all his or her Lands Tenements Hereditaments as well Copy or Customary-hold as Free-hold which he or shee shall 〈…〉 ve in his or her own right before he or she became Bankrupt and also with all such Lands Tenements and Hereditaments as such person shall have purchased or obtained for money or other recompence joyntly with his wife children or childe to the only use of such offender or offenders or of or for such use interest right or title as such offender or offenders then shall have in the same which he or she may lawfully depart withal or with any person or persons of trust to any secret use of such offender or offenders and also with his or her money goods chattels wares merchandises and debts wheresoever they may be found or known and cause the said Lands Tenements Fees Annuities Offices Goods Chattels Wares Merchandizes and Debts to be searched viewed rented and appraysed to the best value they may and by Deed indented enrolled in one of the Queens Majesties Courts of Record to make sale of the said Lands Tenements and Hereditaments and of all Deeds Writings and Evidences touching only the same belonging to such offender or offenders debtor or debtors and also of all Fees Annuities Offices Goods and Chattels or otherwise to order the same for true satisfaction and payment of the said Creditors that is to say To every of the said Creditors a portion rate and rate like according to the quantity of his or their debts and that every direction order bargain sale and other things done by the said persons so authorised as is aforesaid in form aforesaid shall be good and effectual in the Law to all intents constructions and purposes against the said offender or offenders debtor or debtors his or their wife or wives heir and heirs childe and children and such person and persons as by such joynt purchase with the said offender or offenders as is aforesaid have or shall have any estate or interest in the premisses and against all other person and persons claiming by from or under such offender or offenders debtor or debtors by any Act or Acts had made or done after any such person shall become Bankrupt as is aforesaid and also against the Lords of the Mannors whereof the said Copyhold or Customary lands been holden their heirs successors and assigns and every of them Provided always and be it enacted by the Authority aforesaid That all and every person or persons to whom any such sale of Copyhold or Customary Lands or Tenements shall be made shall before such time as they or any of them shall enter or take any profit of the same Lands or Tenements agree and compound with the Lords of the Mannors of whom the same shall be holden for such fines or incomes as heretofore have been most usual and accustomed
Authority aforesaid that if any such person or persons which is or shall be indebted do of purpose withdraw him or themselves out or from his or their usual mansion house or houses that then upon complaint thereof made to the said Commissioners having authority as is aforesaid the same Commissioners or the more part of them shall by vertue and authority of this present Act have full power and authority to award five Proclamations to be made in the Queens name upon five sundry Market dayes in such places near the place where such Bankrupt hath most commonly dwelled or made his abode commanding him or them by the same Proclamations in the Queens name to return with all convenient speed and to yeeld his or their bodies before the said Commissioners having authority as is aforesaid or one of them at such time and place as by the said Proclamation shall be appointed and if the said person be not according to such Proclamation repair and yield his or their body as is aforesaid that then the body of all and every such offender or offenders shall be adjudged taken and deemed to all intents and purposes out of the Queens protection and that also every person and persons that shall willingly and wittingly help to hide or convey or shall wittingly and willingly receive detain or keep secretly any person or persons so demanded by Proclamation as is aforesaid shall suffer such pains by imprisonment of his or their bodies or to pay such fine to our Sovereign Lady the Queens Majesty her Heirs and Successors as to the said Lord Chancellor or Lord Keeper of the great Seal being informed thereof by the Commissioners so to be appointed as is aforesaid or the more part of them shall seem meet and convenient for their said offence or offences Provided always and be it further enacted that if the Creditors of any such offender or offenders debtor or debtors which so do depart the Realm keep his or their house or houses or otherwise absent or withdraw him or themselves into places unknown or take Sanctuary or will suffer him-or themselves to be arrested or outlawed or yield his or their bodies into prison purposely and for the causes aforesaid be not fully satisfied or otherwise contented for their debts and duties by the way and means before specified and declared that then the said Creditor or Creditors and every of them shall and may have their remedy for the recovery and levying of the residue of their said debts or duties whereof they shall not be fully satisfied payd or otherwise contented in form aforesaid against the said offender or offenders in like manner and form as they should and might have had before the making of this Act. And that the said creditor or creditors and every of them shall be only barred and excluded by vertue of this Act of and for every such part and portion of the said debts and duties as shall be paid satisfied distributed or delivered unto him or them by order of the said persons as is aforesaid and of no more portion or parcel thereof Any thing herein specified that may be taken or construed to the contrary notwithstanding Provided always and be it also enacted by authority aforesaid that if any person or persons which is or shall be published and declared to be a Bankrupt by vertue of this Act shall at any time after purchase any lands tenements hereditaments free or copy offices fees goods or chattels or that any lands tenements hereditaments free or copy offices fees goods or chattels shall descend revert or by any means come to any such person or persons being Bankrupts as is aforesaid before such time as their debts due to their creditors shall be fully satisfied and payed or otherwise agreed for that then the said lands tenements hereditaments as well free as copy offices fees goods and chattels shall by vertue of this Act be by the said Commissioners to be appointed as is aforesaid or the more part of them be bargained sold extended delivered and used for and towards the payment of the said creditors in such like manner and form as other the lands tenements hereditaments free or copy offices fees goods and chattels of the said Bankrupts which they had when they were first declared to be Bankrupts should or might have been bargained sold disposed or used by vertue of this Act. Provided alwayes that this Act shall not extend to any lands tenements or hereditaments free or copy-hold which heretofore have been assured by any such Bankrupt or hereafter shall be assured by any Bankrupt before he become Bankrupt so always that such assurance be made bona fide and not to the use of the Bankrupt himself only or of his heirs and that the parties to whose use such assurance hath or shall be made be not at or before the making of such assurance privy or consenting to the fraudulent purpose of any such Bankrupt to deceive his Creditors 1 Jac. 15. 21. Jac. 15. 1 Jacob. Chap. 15. An Exposition and addition to the Statutes of Bankrupts made 13 Eliz. 7. FOr that fraud and deceits as new diseases dayly increase amongst such as live by buying and selling to the hindrance of traffick and mutual commerce and to the general hurt of the Realm by such as wickedly and wilfully become Bankrupts And for that the description of a Bankrupt in former Statutes is not so fully expressed nor the power given thereby to the Commissioners for Bankrupts so large as is meet in such cases of deceit to prevent the deceitful actions of Bankrupts For remedy whereof Be it therefore enacted by our Sovereign Lord the King and by the Lords Spiritual and Temporal and the Commons at this present Parliament assembled and by the authority of the same That all and every such person and persons using or that shall use the trade of Merchandize by way of bargaining exchange bartrie chevisance or otherwise in gross or by retail or seeking his her or their trade of living by buying and selling and being a Subject born of this Realm or any the Kings Dominions or Denizen who at any time sithence the first day of this present Parliament or at any time hereafter shall depart the Realm or begin to keep his or her house or houses or otherwise to absent him or her self or take Sanctuary or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for money delivered wares sold or any other just or lawful cause or good consideration or purposes or hath or will suffer him or her self to be outlawed or yield him or her self to prison or willingly or fraudulently hath or shall procure him or her self to be arrested or his or her goods money or chattels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent grant or conveyance of his her or their Lands Tenements goods or chattels to
whereas by the former Statute made in the said thirteenth year of the reign of the late Queen Elizabeth the Commissioners for Bankrupts have power given to them to send for such person or persons as the creditors shall know suppose or suspect to have detain or keep any part of the mony goods chattels or debts of the said offender or offenders or to be indebted to the said offender or offenders to be examined by the said Commissioners as by the same Statute appeareth but have not good means or remedy by imprisonment or other penalty to procure the person so sent for by them to appear before them nor having appeared before them to make answer upon his oath to such Interrogatories as shall be ministred unto him by the said Commissioners for and upon the specialty certainty true declaration and knowledge of such lands tenements hereditaments goods debts or other things of any such offender or offenders as be or shall be or which shall be suspected to be in his custody use or possession or in the custody use or possession of any other to his knowledge and of all debts owing to or for the benefit of such offender or offenders by himself or by any other to his knowledge so as many times a great part of the offender or offenders lands tenements hereditaments goods chattels or debts which by the true intent of the said Statute should be imployed to the satisfaction of the creditors of the offendor or offenders are concealed or detained in the hands of such person and persons as refuse to come or being come refuse to be sworn before the said Commissioners to be examined in that behalf to the great encouragement of all Bankrupts and their wicked confederates and accessaries and to the great hindrance of the just remedies of the creditors of the said Bankrupts for their true and just debts to them owing For remedy whereof be it further enacted by the authority aforesaid That if any person or persons being known supposed or suspected to have or detain any part of the lands tenements or hereditaments goods chattels or debts of the said Bankrupt or to be indebted to or for the benefit of the said Bankrupt shall after lawful warning to the said person or persons given to come before the said Commissioners or the greater part of them to be examined according to the intent of the said Statute refuse to come or shall not come before the said Commissioners at the time appointed having no lawful impediment such as shall be admitted and allowed of by the said Commissioners or the more part of them and which shall be then signified or made known to the said Commissioners at the time of their assembly Or that any such person or persons having knowledge or warning of any other assembly or meeting of the said Commissioners again shall not come and appear before them at such time as he or she lawfully may come having no such lawful impediment as shall be then made known to the said Commissioners and by them admitted and allowed of as aforesaid Or being come before them shall refuse to be sworn and to make answer to such Interrogatories as shall be ministred unto him or them according to the true intent and meaning of the said Statute made in the said thirteenth year of the reign of our said late Sovereign Lady Queen Elizabeth or of this present Act That then it shall be lawful for the said Commissioners or for the greater part of them to commit to such Ward and Prison as to them or to the greater part of them shall be thought meet all such person and persons as shall so refuse to be sworn and make answer to such Interrogatories as shall be so ministred as aforesaid and also to direct their Warrants to such person or persons as to them or the greater part of them shall be thought meet to apprehend and arrest such person or persons as shall refuse to appear before them as aforesaid and to bring him her or them before the said Commissioners or the greater part of them to be examined as above-said and upon his her or their refusal to come or to be examined before the said Commissioners as aforesaid to commit the said party so refusing to such prisons as the said Commissioners or the greater part of them shall think meet there to remain without bail or mainprise until such time as the said person so refusing to come or to be sworn to answer before the said Commissioners shall submit him or her self to the said Commissioners and be by them examined according to the true intent of the said Statute â— and of this present Act. Provided alwayes that such Witnesses as shall so be sent for shall have such costs and charges as the Commissioners in their discretion shall think fit The same charges to be ratably born by the Creditors of the said Bankrupt according to the proportion of each of their several debts And if any person oâ— persons other than the Bankrupt either by subornation unlawful procurement sinister perswasion or means of any others or by his own act consent or agreement shall wilfully and corruptly commit any manner of wilfull peâ—jury by his deposition to be taken before the said Commissioners or the greater part of them as aforesaid That then the party or parties so offending and all and every person and persons that shall unlawfully and corruptly procure any such unlawful wilful and corrupt perjury shall or may therefore be indicted in any of the Kings Majesties Courts of Record and after his or their conviction thereof shall incur such forfeiture and receive and suffer such pains and punishment as are limited by the Statute made concerning Perjury in the fifth year of the Reign of our said late Sovereign Lady Queen Elizabeth And be it further enacted That all and every sum and sums of money which shall be forfeited by force of this present Act shall be sued for and recovered by the said creditors only or any of them that will sue for the same by Action of Debt Bill Plaint or Information in any of the Kings Majesties Courts of Record and the sum or sums of money so recovered the charges of suit being deducted shall be distributed and divided towards the payment of the said creditors of the Bankrupt And for that the power authority given to the Commissioners of Bankrupts touching the debts due to the said Bankrupts is not so full and perfect as that the full benefit thereof in due course might be imployed to the use of the said Creditors as was intended For remedie thereof Be it further enacted by the Authority aforesaid That the Commissioners of Bankrupts or the greater part of them all have power to grant and assign or otherwise to order or dispose all or any of the debts due to and for the benefit of the said Bankrupt by what person or persons soever or in what manner and form soever to the
use of the creditors of the said Bankrupt according to the true intent of the said former recited Statute of Bankrupts And that the same Grant Assignment or disposition of the said debts in form aforesaid to be made by the said Commissioners or the greater part of them shall so vest the property right and interest of the said debt and debts in the person or persons of him her or them to whom it shall be granted assigned or ordered by the said Commissioners or the greater part of them as fully to all intents and purposes as if the said Bill Bond Bonds Statutes Recognizances Iudgment or Contract whereupon the said Debt or Debts Deed or Deeds shall arise or grow had been made to or with or for the said person or persons to whom the same shall be so granted assigned or disposed by the said Commissioners and that after such Grant Assignment or Disposition made of the said Debts that neither the Bankrupt nor any other to whom any such Debt shall be due shall have power to recover the same nor to make any release or discharge thereof neither shall the same be attached as the Debt of the Bankrupt or such said other person or persons to whom the same shall be due by any other person or persons according to the Custome of the City of London or otherwise But that the party or parties to whome the same Debts shall be assigned shall have like remedy to recover the same as fully and lawfully in the name or names of the person or persons to whom the same shall be so granted assigned or ordered by the said Commissioners in all respects and purposes as the party himself might have had any Law Statute Vse Custome to the contrary thereof in any wise notwithstanding Provided always that no debtor of the Bankrupt be hereby endangered for the payment of his other debts truly and bona fide to any such Bankrupt before such time as he shall understand or know that he is become a Bankrupt Provided also and be it further enacted That such of the said Commissioners as shall put the said Commission in Execution shall upon lawful request to them made by the said Bankrupt not only make a true declaration to the said Bankrupts of the imploying and bestowing of his her or their said lands tenements and hereditaments offices fees goods wares mony chattels and debts which shall be paid and satisfied to their said Creditors as is in like case limited and appointed by the said former Statute made in the said thirteenth year of the said late Queens Majesties reign but also make payment of the overplus of the same if any such shall be to the said Bankrupts their executors administrators and assigns and that the said Bankrupts after the full satisfaction of the said creditors shall have full power and authority to recover and receive the residue and remainder of the debts to them owing Any thing in this Act contained to the contrary in any wise notwithstanding Be it further enacted That if any Action of Trespass or other suit shall happen hereafter to be brought against any Commissioner authorized by the Statute made in decimo tertio of our late Sovereign Lady Queen Elizabeth for Bankrupts or any other person or persons having authority by vertue or under the Commission authorising the said Commissioner for the doing or executing of any matter by force of the said Statute or this present Statute That the defendant or defendants in any such action or suit may plead Not guilty or otherwise justifie that the Act or thing whereof the plaintiff or plaintiffs complained was done by Authority of the said Act made in the thirteenth of Elizabeth or in this present act respectively without expressing or rehearsal of any other matter or circumstance contained in either of the said Acts and without inforcing him or them to shew forth their Commission authorizing the said Act or thing whereunto the Plaintiff shall be admitted to reply that the Defendant did the Fact supposed in the Declaration of his own wrong without any such cause alledged by the said Defendant whereupon the issue in such action shall be joyned to be tried by verdict of twelve men and upon trial of that issue the whole matter to be given on both parties in evidence according to the very truth of the same And if verdict upon such issue shâ—ll pass for the defendant the defendant to have his costs Provided always and be it further enacted That after any Commission of Bankrupts hereafter sued forth and dealt in by the Commissioners if the offendor happen to die beâ—ore the Commissioners shall distribute the Goods Lands and Debts of the offendors or any of them by force of the foresaid Statute of the thirteenth year of the Reign of our late Sovereign Lady Queen Elizabeth and this Statute or either of them That then nevertheless the said Commissioners shall and may in that case proceed in execution in and upon the said Commission for and concerning the offenders Goods Lands Tenemâ—nts Hereditaments and Debts in such sort as they might have done if the party Offenders were living Stat. 21 Jac. 19. 21 Jac. Chap. 19. A further description of a Bankrupt The Staâ—utes of 13 Eliz. 7. and 1 Jac. 15 enlarged FOr as much as daily experience sheweth that the number and multitude of Bankrupts do increase more and more and also the frauds and deceits invented and practised for the avoiding and deluding the penalties of the good Laws in that behalf already made and the remedy by them provided And for that divers defects are daily found in the former Statutes made against Bankrupts doth in the description of a Bankrupt as also in the power given to the Commissioners for the discovery and distributing the Bankrupts estate to the great incouragement of evil minded persons the hindrance of traffique and commerce the great decay overthrow and undoing of many Clothiers by whom many thousands of the natural born Subjects of this Realm be from time to time in all parts of this Kingdom set on work all which do tend to the general hurt of this Realm For remedy whereof be it enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That all and singular the aforesaid Statutes and Laws heretofore made against Bankrupts and for relief of Creditors shall be in all things largely and beneficially construed and expounded for the ayd help and relief of the Creditors of such person or persons as already be or hereafter shall become Bankrupt And that all and every person and persons using or that shall use the trade of Merchandize by way of bargaining exchange bartering chevisance or otherwise in gross or by retail or seeking his or her living by buying and selling or that shall use the trade or profession of a Scrivener receiving other mens moneys or estates into his trust or
Lands Tenements or Hereditaments And be it further enacted That if any person that now is or hereafter shall become a Bankrupt have heretofore granted conveyed or assured or shall at any time hereafter grant convey or assure any Lands Tenements Hereditaments Goods Chattels or other estate unto any person or persons upon condition or power of redemption at a day to come by payment of mony or otherwise That it shall and may be lawful to and for the said Commissioners or the greater part of them before the time of the performance of such condition to assign and appoint under their hands and seals such person or persons as they shall think fit to make tender or payment of mony or other performance according to the nature of such condition as fully as the Bankrupt might have done and that the said Commissioners or the greater part of them shall after such tender payment or performance have power to sell and dispose of such Lands Tenements Hereditaments Goods and Chattels and other estates so granted conveyed or assured upon condition to and for the benefit of the Creditors as fully as they may sell or dispose of any the estate of the Bankrupt Provided further that no Purchaser for good and valuable consideration shall be impeached by vertue of this Act or any other Act heretofore made against Bankrupts unless the Commission to prove him or her a Bankrupt be sued forth against such Bankrupt within five years after he or she shall become a Bankrupt Provided further and be it enacted by the Authority aforesaid that this Act and all other Acts of Parliament heretofore made against Bankrupts shall extend to Strangers born as well Aliens as Denizens as effectually as to the natural born Subjects both to make them subject to the Laws as Bankrupts as also to make them capable of the benefit or contribution as Creditors by those Laws Stat. 34 H. 8. 4. 13 El. 7. 1 Jac. 15. Stat. 14 Car. 2. Chap. 24. Whereas divers Noblemen and Gentlemen not bred up in Trade have notwithstanding put great Stocks into the East-India and Guiny Company it is declared that no persons Adventurers for putting in Mony or Merchandise into the said Companies or for adventuring or managing the Fishing called the Royal Fishing Trade shall be takâ—n or reputed a Merchant or Trader within any Statutes for bankrupts or be liable to the same Provided that persons trading and trafficking in any other way or manner than the said Companies or Fishing shall be liable to the Commission of Bankrupts A Verdict and Iudgment against Sir Jo Wollaston as a Bankrupt for trading in the East-India Company reversed and made void Provided not to avoid any sale or disposition of his lands or goods made by vertue of the Commission of Bankrupts To the Right Honourable c. IN most humble manner complaining sheweth unto your Lordship your daily Orators T. B. of A in the County of D. Gent. and W. P of C. in the County of E. Esq as well for themselves as for all others the Creditors of R. D. of the Parish of M. in the City of London Merchant That whereas the said R. D. using and exercising the Trade of Merchandize by way of Bargaining Exchange Bartering and Chevisance seeking his Trade of living by buying and selling upon good and just causes for Wares and Merchandizes to him sold and delivered and also for ready mony to him lent being indebted to your Orators and others his Creditors in divers and several sums of money amounting in the whole to the sum of c. and upwards of late that is to say about the Month of November last did become Bankrupt within the several Statutes lately made against Bankrupts to the intent to defraud and hinder your said Orator and all other his Creditors of their just Debts and Duties to them due and owing viz. within the Statute made in the Parliament begun and holden at Westminster the second day of April in the thirteenth year of the Reign of our late Sovereign Lady Queen Elizabeth concerning Bankrupts and within the Statute made in the Parliament begun and holden at Westminster aforesaid the nineteenth day of March in the first year of the Reign of our late Sovereign Lord King James of England France and Ireland and of Scotland the seven and thirtieth Intituled An Act for the better relief of the Creditors against such as shall become Bankrupts as also within the Statute made in the Parliament begun and holden at Westminster the nineteenth day of February in the one and twentieth year of the Reign of our said late Sovereign Lord King James of England France and Ireland and of Scotland the seven and fiftieth Intituled An Act for the further description of a Bankrupt and relief of the Creditors against such as shall become Bankrupts or within some or one of them In tender consideration whereof may it please your Lordship to grant unto your Orators his Majesties most gracious Commission to be directed to such and so many wise honest and discreet persons as your Lordship shall seem meet authorizing them thereby not only concerning the said Bankrupt his Body Lands Tenements Free-hold and Customary Goods Debts and other things whatsoever but also concerning all other persons which by concealment claim or otherwise do or shall offend touching the premises or any part thereof contrary to the true intent and meaning of the same Statutes To do and execute all and every thing and things whatsoever as well for and towards satisfaction and payment of the said Creditors as towards and for all other intents and purposes according to the Ordinance and Provision of the same Statutes And your Orators shall pray c. In Bankrupt Note What he is discovered 1. By general description Sect. 1 2. 2. By his Trade 4 5 6 usque ad Sect. 11. By his demeanour 12 13 14 usque ad Sect. 25. By the final cause of all Sect. 26. The proceeding against and puniâ—hment of him 1. In general he shall be accompted a Bankrupt and made thereby incapable to dispose of his own Sect. 28. 2. In particular by persons 1. Immediately appointed by the Act and therein note 1. What they are Sect. 29. 2. Their authority set forth 1. Generally Sect. 29. 2. Particularly 1. Touching his person Sect. 30. 2. As to his Estate and therein note 1. The way of discovering it 32 33 34. 2. The disposal of it Sect. 35. 2. Mediately authorised by Lord Chancellor 1 Their Commission Sect. 36. 2. Their authority 1. As to the Bankrupts person Sect. 39 40 41. 2. As to his Estate 2. What it is real 43 45 usque ad 57. personal 61 62 usque ad 71. 2. The means of discovery as to the persons the Bankrupt himself Sect. 73 74 75 76. the Bankrupts Wife Sect. 77. other persons what persons Sect. 78. proceeding with them to send for them Sect. 78. to examine them Sect. 78. to punish them 79 80 usque ad
86. allowance to them of charges Sect. 87. as to the goods by breaking open locks c. for them Sect. 72. 3. The disposal of it 1. By appraisement Sect. 88 c. 2. By sale Sect. 89 c. 3. By Ditribution to whom 89 90. of what 90 91 92 93 94 95 96 97 98. the time when not until 4 months c. Sect. 105 108. the manner Rate and Rate like Sect. 109. the effect of it to barr Sect. 112. to vest the property Sect. 113. to give means of Recovery Sect. 112. to restore to the Bankrupt his capacity Sect. 123. 3. Their accompt 4. Their remedy if sued CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our trusty well beloved A. B. of E. in the County of D. Gent. S. M. of H. in the County of W. Esq Greeting Whereas we are informed that R. D. of L. in the City of London Merchant using and exercising the Trade of Merchandise by way of Bargaining Exchange Bartering and Chevisance seeking his Trade of living by buying and selling did become Bankrupt within the several Statutes made against Bankrupts to the intent to defraud and hinder T. B. of A. in the County of D. Gent. and W. P. of C. in the County of E. Esq and others his Creditors of their just Debts and Duties to them due and owing We minding the due execution as well of the Statute touching Orders for Bankrupts in the Parliament begun and holden at Westminster the second day of April in the thirteenth year of the Reign of our dear Sister Elizabeth late Queen of England made and provided As of the Statute made in the Parliament begun and holden at Westminster aforesaid the nineteenth day of March in the first year of the Reign of our late dear Grandfather King James of England France and Ireland and of Scotland the seven and thirtieth Intituled An Act for the better relief of Creditors against such as shall become Bankrupt And also of the Statute made in the Parliament begun holden at Westminster aforesaid the 19th day of February in the twenty first year of the Reign of our said late dear Grandfather K. James of England France and Ireland and of Scotland the seven and fiftieth Intituled An Act for the further description of a Bankrupt and relief of Creditors against such as shall become Bankrupt upon trust of the wisdoms fidelities diligence and provident circumspection which we have conceived in you do by these presents name assign appoint constitute and ordain you our special Commissioners giving full power and authority unto you four or three of you whereof you the said A. B. to be one according to the same Statutes and every or any of them not only concerning the said Bankrupt his body Lands Tenements Free-hold Customary Goods Debts other things whatsoever but also concerning all other persons which by concealment claim or otherwise do or shall offend touching the premises or any part thereof contrary to the true intent and meaning of the same Statutes or any of them to do and execute all and every thing things whatsoever as well for and towards satisfaction and payment of the said Creditors as towards and for all other intents and purposes according to the Ordinances and provision of the said Statutes Willing and commanding you four or three of you whereof you the said A. B. to be one to proceed to the execution and accomplishment of this our Commission according to the true intent and meaning of the same Statutes with all diligence and effect as our special trust is in you Witness Our self at Westminster the c. What a Bankrupt is and his Description 1. FIrst in General the word His Name Bankrupt is derived of the French word Banqueroutte which signifieth a breaking or becoming a Bankrupt and Banquerouttier signifieth a Bankrupt and faire Banqueroute is as much as solum vertere with the Romans the composition of the French word is from Banque which is as much as Mensa in Latine and route which is the same with Vestigium taken for a sign or mark left in the place from whence a Table had been removed in the same sence as we in English say a Cartroutte viz. the remaining impression of a Cart-wheel The Original seemeth to be taken from the Roman Mensarii who had their Tabernas and Mensas Tabernae being taken for Shops so called a tabulis quibus claâ—debantur and these were seated in publick places from which when they were disposed to slip away and delude their Creditors they left only of these Shops some Vestigia or signs behind them Vide Cowel Minshaw verbo Bankrupt 2. In the Statute of 34 H. 8. cap. His description 4. a Bankrupt is thus described viz. Whereas divers and sundry persons craftily obtaining into their hands great substance of other mens goods do suddenly flie into parts unknown or keep their Houses not minding to pay or restore unto any of their Creditors their Debts and Duties but at their own wills and pleasures consume the substance obtained by credit of other men for their own pleasures and delicate living against all equity and good Conscience 3. Now more particularly A Bankrupt is set forth and described in the several Statutes made against Bankrupts First by his Quality and Occupation Secondly by his Demeanour and Carriage 4. For the first as to his Quality His Quality and Occupation he is thus described by 13 El. chap. 7. and 1 Jac. chap. 15. If any Merchant or other person using or exercising the trade of Merchandizing by way of Bargaining Exchange Rechange Bartry Chevisance or otherwise in gross or by retail or seeking his or their Trade of living by buying and selling Subjects and being a Subject born of this Realm or of any the Queens Dominions or Denizen c. Which Statute as appears extends only to Subjects born or Denizens but the Statute of 21 Jac. cap. 19. extends likewise to strangers at the later end of which Statute there is this Proviso viz. Provided further and be it enacted c. that this Act and all other Acts of Parliament heretofore made against Bankrupts shall extend to Strangers born as well aliens as Denizens Strangers as effectually as to the natural born Subjects both to make them subject to the Laws as Bankrupts as also to make them capable of the benefit or contribution as Creditors by those Laws 5. A Shoo-maker may be a Bankrupt Shoomaker because he lives by buying of Lether and selling of it again in Shoos Crook part 3. fol. 31. Cramp and Barn An Inn-keeper is not within the Statutes of Bankrupts for although he buy provision to be spent in his house and utters it yet he doth not properly sell it but utters it at such Rates as he thinks to be reasonable gains and the Guests do not take it or contract for
to be yielded or paid therefore and that upon every such agreement or composition the said Lords for the time being at the next Court to be holden at or for the said Mannors shall not only grant unto the said Vendee or Vendees upon request the same Copy or Customary Lands or Tenements by Copy of Court Roll of the same Mannors for such estate or interest as to them shall be sold and reserving the antient Rents Customes and Services but also in the same Court admit them Tenants of the same Copy or Customary Lands as other Copyholders of the same Mannors have been wont to be admitted and to receive their fealty accordingly Provided always and be it enacted by the Authority aforesaid That such of the said Commissioners as shall put the said Commission in execution shall upon lawful request to them made by the said Bankrupt not only make a true declaration to the same Bankrupts of the imploying and bestowing of their said Lands Tenements Offices fees Goods Chattels and debts so payed and satisfied to their said Creditors but also make payment of the overplus of the same if any such shall be to the said Bankrupts their Executors Administrators or Assigns And be it further enacted by the Authority aforesaid that if after any such act or offence committed and complaint thereof made to the said Commissioners so to be appointed as is aforesaid or the more part of them by any party grieved as is aforesaid concerning the premisses knowing supposing or suspecting any of the goods chattels wares merchandizes or debts of such offender or offenders debtor or debtors to be in custody use occupying keeping or possession of any person or persons or any person or persons to be indebted to any such offender or offenders do make relation thereof to the said Commissioners so to be appointed or the more part of them that then the said Commissioners or the most part of them shall by vertue hereof and of the said Commission have full power and authority to send for and call before them by such Process ways or means as they shall think convenient by their discretions all and every such person and persons so known suspected or supposed to have any such goods chattels wares merchandizes or debts in his or their custody use occupation keeping or possession or supposed or suspected to be indebted to such offender or offenders and upon their appearance to examine them and every of them as well by their Oaths as otherwise by such ways and means as the said Commissioners or the more part of them by their discretions shall think meet and convenient for and upon the specialty certainty true declaration and knowledge of all and singular such goods chattels wares merchandizes and debts of any such offender or offenders as be supposed or suspected to be in his or their custody use occupation or possession and all such debts as by them or any of them shall be supposed or suspected to be owing to any such offender or offenders And if any such person or persons upon such examination do not disclose and plainly declare and shew the whole truth of such things as he or they shall be examined of concerning the premisses to his knowledge or do deny to swear then every such person or persons so denying to swear or being examined do not declare the plain and whole truth concerning the premisses upon due proof thereof to be made before the said Commissioners or the more part of them so to be appointed as is aforesaid by witness examination or otherwise as to the said Commissioners or the more part of them shall seem sufficient in that behalf shall lose and forfeit double the value of all such goods chattels wares merchandizes debts by them or any of them so concealed and not wholly and plainly declared and shewed which forfeiture shall be levied by the said Commissioners or the more part of them of the Lands Tenements Hereditaments goods and chattels of such person so denying to swear or not disclosing the whole truth as is aforesaid by such ways and means and in such manner and form as is before limited and appointed for the principal offender or offenders debtor or debtors and the same forfeiture or forfeitures to be distributed or imployed to and for the satisfaction and payments of the debts of the said creditor or creditors in such like manner rate and form as is above declared concerning the ordering of the lands and tenements offices fees goods and chattels of such offender or offenders debtor or debtors as is aforesaid And â—e it further enacted That if at any time before or after that any such person or persons departeth the Realm or shall keep his or their House or Houses or otherwise absent him or themselves or take sanctuary or suffer him or themselves to be arrested outlawd or yield his or their bodies to prison as is aforesaid any person or persons do fraudulently by covin or collusion claim demand recover possess or detain any debts duties goods chattels lands or tenements by writing trust or otherwise which were or shall be due belonging or appertaining to any such offender or offenders other than such as he or they can and do prove to be due by right and conscience in form aforesaid for money payed wares delivered or other just consideration or cause reasonable to the just value thereof before the said Commissioners so to be appointed or the more part of them as is aforesaid and the same to proceed bona fide without fraud or coâ—vin that then every such person or persons so craftily demanding claiming having possessing or detaining any such debt duty or other thing as is aforesaid shall forfeit and lose double as much as he or they shall so claim demand detain or possess which said forfeiture shall â—e levied â—ecovered and imployed in manner and form as is afore rehearsed Provided also and be it enacted by Authority aforesaid that if it shall fortune the creditors of any such Bankrupt as is aforesaid to be satisfied and paid of their debts and duties of or with the proper lands tenements goods chattels and debts of the said Bankrupts or of or with the same and some part of the forfeitures of the said double values to be forfeited as is aforesaid and that there shall remain an overplus of the said forfeitures of the said double values that then the one moiety of the said overplus of the said forfeitures of the double values so remaining shall be by the said Commissioners so executing the said Commission within convenient time after the levying thereof paid unto the Queens Majesty her Heirs and Successors and the other moiety thereof shall be by the said Commissioners employed and distributed to and amongst the poor within the Hospitals in every City Town or County where any such Bankrupt shall happen to be Any thing in this Act to the contrary thereof not withstanding And be it further enacted by