not properly upon this Statute for the death of a Bankrupt is not provided for by this Statute but plainly by the Statute of primo Ja. the last Clause and I think that even for the debt of such a Wife it shall be sold after his death and although I put it that a Feoffment is made to him by the Son which cannot work by way of Livery because he was Tenant in tail yet if the Donor will enfeoffe the Donee by Deed this will work to the increasing of his Estate by way of confirmation 7 H. 6. 5. If the Inheritance of the Feme shall be sold She hath power to forfeit it by Attainder or by Cessavit and by this Statute they may sell all the Bankrupts Lands lawfully that is by any lawful course of Conveyance depart with all 6. The Commission shall be in force against her after the death of her Husband for if her Husbands death shall not help his Heir a Fortiori it shall not help her that lives Also as the credit of the one was the credit of the other for who would trust a Woman whose Husband was known to be of no credit so the offence of the one is the offence of the other and the gains of the one the gains of the other 7. But if this Man and Woman be both Aliens then neither of them are within this Statute but another course must be taken with them by the Statute of H. 8. cap. The Woman was born upon the Coasts of Flanders and the Man in the Port of Diep and I hold them both born in the Kings Dominions for him that was born in the Port I mean in a Ship lying at that Port Town there is small question but it is within the Kings Dominions It is said of King H. 2. That he was the greatest King that ever was in England for he had all the Land and Sea under his Dominion from the Orcades to the Pireneian Mountains which sever France and Spain England and Scotland he had by the Norman Conquest they and Normandy were laid together by Hen. 1 Anjou Tourain and Main were the Inheritance of his Father the first Plantagenet Poytiers and Aquitaine he had by his Wife Britainy held of him as of his Dukedom of Britainy so as all the Sea Coast even from Calis to St. Sebastians in Spain was his so that the French King had no way nor passage to the Sea nor Jurisdiction in the Sea It is true that by the Attainder of King John for the murthering of Prince Arthur a great part of all this was seized by the King of France and in the end by R. 2. H. 6. and Queen Mary all the Land was lost but the Sea was never lost witness the Isles of Alderney which stand within three Miles of France and Gersey and Garnsey which the French to this day could never conquer and yet they speak French and indeed are all that is left to the King of England that was any part of the Dakedom of Normandy But the Coasts of Flanders is more doubtful for Flanders was never in the Jurisdiction of the King of England but yet they were never Masters of the Sea The Lord Admirals Jurisdiction that he claims is at this day as well of the German Ocean as in the Straights and we say the Dutchmen do us wrong to Fish in these Seas 8. But admit the Woman is an Alien yet I take it if her Husband be an Englishman they shall be both Bankrupts within the Statute he as I said by the Law and she by Law and Custom for as the Custom will allow her to be a sole Merchant if her Husband he a Citizen altho' she be an Alien so likewise shall her Estate be subject 9. But if he be an Alien yet all will be one for his Goods but his I ands are the Kings for if he will Trade and Traffiâ—ue by his Wife and her Credit being English and having Land and so have and enjoy the Priviledges and Benefits of a Subject by his Wives legitimation her Land and the Custom of the City there it is no reason but that he should be subject to such Laws as other Subjects are So as if the Wife be an Alien and the Husband a Subject or the Husband an Alien and the Wife a Subject they are clearly in both cases within the Statute for Goods but my Case is for Lands and in my Case I hold them both born within the Kings Dominions 10. But the greatest Question in my Case and a thing never yet put in uâ—e or questioned is if a Bankrupt is Tenant in tail if by the sale of the Commissioners the issue in tail shall be barred they shall for the words of this Statute and of the Statute of 26 H. 8. are all one The words of 26. are If any parsons shall be attainted of any High Treason by course of the Common Laws they shall forfeit to the Kings Majesty their Lands Tenements and Hereditaments wherein they have any Estate of Inheritance Our Statute is That the Commissioners by Deed enrolled may sell the offenders Lands Tenements and Hereditaments as well Free as Copy c. in neither of these Statutes are intailed Lands mentioned But we see in Walsingham's Case Plowd and in Dowghties Case and in common experience that an Estate tail is forfeited by 26 H. 8.13 But you will say in 26 H. 8. there be words more to carry it than in your Statute for that saith any Estate of Inheritance and an Estate tail is an Estate of Inheritance but our Statute hath words which tant amount for ours is of all Lands Tenements and Hereditaments which he or she may lawfully depart withal and Tenant in tail may lawfully by fine cut off his issue And it is set down for Law that a gift in tail with condition that the Donee shall not levy a Fine is unlawful a void and repugnant condition for it is said in Mary Portington's Case there be three incidents to Estate tails at the Common Law by Statutes and by Custom By the Statute of 32 H. 8. cap. 28. to levy fines and no condition can take away that from an Estate that is incident to the Estate as it is put of Dower Tenant by the courtesie 11. The last is upon my conclusion admit that the issue in tail could avoid the Lease whether the Vendee hath the same priviledge If Tenant in tail make a Lease not warranted and dies and the issue levy a fine before entry 33 H. 8. Dier The Conizee shall not avoid the Lease 8 E. 3. p. 22. The same is if he accept the Rent or confirm the Lease before entry The Lord Bedford's Case Cook lib. 7. The Kings Gardian shall avoid The King hath the Temporalities of a Bishop he shall avoid and all this is for the benefit of the Heir or Successor and so in our case it is for the benefit of the Bankrupt for in the end they must
grant his Estate upon condition and the reversion is granted and he attorns and then enters for the Condition yet the attornment is void But yet the Law will respect such a possibility as 5 E. 3. fol. 36. Lands were given to the Baron and Feme the Baron dies the Feme makes a Lease for her own life the Lessee is impleaded in a Cui in vita and he vouches the Feme and she prays in aid of the heir of the Husband and well and yet the Feme had nothing If I bargain and sell Lands to one for life and then I grant the reversion and the Barganee attorns and then the Deed is Inrolled this Reversion is well granted and this is a good Attornment But it may be objected that the Land is not in the Conizee upon the extent for if it be extended at too high a rate he may return it upon the extendors for so are the Books of 44 E. 3. 2 H. 4.17 21 E. 3.21 15 H. 7.16 and divers others Books But I make this an Argument for my self for that shews it is out of the Conizor and if the Land were in the extendors hands no doubt but the reversion might be granted and by the Book of 1 E. 3.8 in a quid juris clamat they shall be forced to attorne 2 But admit that such a grant of reversion may be made yet no grant of a reversion can be good without Attornment of the particular Tenant and here your Conizee the Tenant attorns before his time that is before he hath possession by the Liberate and so the case of 8 H. 5. fol. 10. comes full against you To that I answer That the Tenant by Statute is esteemed in point of Attornment as Tenant for term of years for so the Case of 1 E. 3. fol. 8. esteems him And I make small Question but that if a man make a Lease for years and before the Lessee enter the Lessor grants the reversion and the Lessee attorns This is a good Attornment for it matters not whether ever the Lessee entered or not for the Land was in him to give grant or forfeit and 21 H. 7. fol. 27. after such a Lease If the Lessee will not enter yet if the Lessor waive the possession and a rent day accrews the Lessor may have an action of debt against the Lessee without ever making any averment that the Lessee entred So in our Case although the Conizee cannot enter of himself but by the Livery of the Sheriff yet he is not in by the Sheriff but by the Law in the Post And it is not very absurd to say he is in by and under and from the Conizor for if the Conizor had Covenanted that any to whom he after the Recognizance had conveyed the Land should have enjoyed it against all claiming from by and under him and the Conizee had sued execution the Covenant had been broken 3. Then allowing that this first grant of the reversion is good to C. in Tail Then the next question is that C. commits Treason and A. grants the reversion of C. in Fee to D. and C. Attornes Whether this be a good Attorment Whether if C. comes afterwards to be attainted for the Treason and an Office being found hath relation to intitle the King to the Land from the time of the Treason committed that is Whether this Office shall not relate to make C. no Tenant of the Land from the Time of the Treason committed I will agree it will relate to avoid all charges and incumbrances made by C. but yet the Attornment is good for that I will put but one Case that comes full home to the point which is Sir Miles Fleetwood's Case in my Lord Cooks 8. Report which is that the Attainder and Office relate to intitle the King to the Land from the time of the Treason committed but not to Chattels sold or to the mean profits of Lands received so as for the mean time C. was Tenant and might take the Profits and the Rents paid to him by the Tenants were well paid then a fortiore might he do and execute all instrumental Acts as if he had been Lord of a Mannor and a Copyholder after the Treason and before Attainder had surrendred to the use of another who had been admitted the surrender and admittance had been good and so consequently the Attornment for by the Attornment he parts with nothing of his own only he is a means to profit another mans grant of that which was never his 4. The next Question is That the Tenant in Tail commits Treason suffers a Recovery to the use of himself and then it attainted whether the King shall have the Fee-simple or else whether the Office shall not relate to make the Recovery void and whether he in Reversion who by intention of Law had recovered other Land in value shall have any benefit against the King by the Kings priviledge which he hath to avoid this Recovery It is plain that if this Recovery had been to the use of a Stranger the King by Office should avoid it and consequently he in Remainder would have been remitted The difference of the relation of an Office to intitle the King to Goods but from the Attainder and to Lands from the time of the offence committed are these 42 E. 3.26 33 E. 3. Fitz. Forfeiture 30 31 H. 6.5 temp H. 8. Bro. fo 42. I take it that if the King in this Case had taken the benefit of the Statute of 33 H. 8. c. 20. which gives the King all the Lands which a person attainted hath at the time of his Attainder though there be no Office sound then the King might have seized the Land and the party had had no remedy But now an Office being found the King is in by the Office which discovers the whole matter of Record and the party hath the benefit thereby And thereby it appears that C. was by the offence and the relation of the Attainder disabled to make any Conveyance or disposition of his Land That a Common Recovery is a Conveyance vide Coke li. primo Pelhams Case So this Grant of the reversion to D. is good and not pulled out by the Recovery But it is granted to one that is an Alien born but made a Denizen of Ireland whether now the King be not intitled to the reversion in Fee as the Lands of an Alien I take it that he that is free of Ireland is free of England it is true that one which was born in Scotland ante c. and these that were born in times past in Aquitain or in Normandy were Aliens born because these Countries were brought with the Kings of England as their former inheritance but Ireland was conquered by H. 2. and inhabited and planted with Englishmen and upon the matter made part of the demeasnes of the Crown of England as other Islands are as the Wight and Jernesey Virginia and Greenland and therefore the Kings of
of Wight is parcel of Hamp-shire and Wales and Ireland are parcel of the Realm for Writs of Errour lie c. And I think it is very true Hollinshead description of Britain fol. 16. b. that the Isle of Man was then no parcel of the Realm for the first mention thereof in any Chronicles is the same year that England was Conquered by the Normans for when Harold had at Stainford-Bridge Conquered another Harold that was King of Norway one Gordard the King's Son of Ireland fled to the Isle of Man in time Conquered it and made himself Lord and Landlord of all the Isle So as to this day there is not a Free-holder in that Island but all are Tenants to the King of that Country It is about thirty miles long and fifteen miles broad it is not governed by any written Laws or Courts of Record but all their Controversies are ended by Arbitrators whom they call Deemsters When King John Conquered Ireland he sent Forces into Man and wasted it all but seated no Government there 1240. One Harold of the Norway Line was received and was invested in the Kingdom of Man by the King of Norway and yet afterwards he was made Knight by the King of England 1250. Or thereabouts in King Ed. 1. time Alexander King of Scots having Conquered all the Islands either by Strength or for Money amongst the rest brought the Isle of Man under his Dominion the old King's Daughter sued to Edw. 1. as to the Supream Head of Scotland the Answer Sequatur coram Justiciariis de Banco Regis ut Justicia Edw. 2. granted it to Piers Gaveston but in Anno 1393. William of Mountacute by strength won it from the Scots as Thomas of Walsingham saith and sold it to William Scroop he was attainted and so it came to Hen. 4. The King of England he granted it to Henry Peircy to hold it by carrying before the King Lancaster's Sword but presently he was attainted and the King granted it to Sir John Stanley and so it came to the Earl of Derby Seman's Case 5. Reports A Man's House is his Castle and his Castle is his House Points upon the first Case 1. IF Tenant for years may attorn before Entry 21 H. 7. One makes a Lease for years and before the Lessee enter the Lessor releases to him the release is void One bargains and sells his Land to another and before the Deed is inrolled he attorns to the grant of the reversion and after the Deed is inrolled and the Bargainee enters 21 H. 7.28 H. 8. Dyer Debt for Rent lies before entry of the Lessee Litt. Lord and Tenant the Tenant makes a Lease for life the Lord grants the Seigniory to the Tenant for life in Fee the Tenant ought to attorn yet he shall not hold of the Tenant for life during his life 28 H. 8. Brook Tenant for twenty years makes a Lease for ten years Tenant for ten years attorns it is good 20 H. 6 7. A Seigniory is granted by Deed to one for life the remainder in Fee Tenant for life dies before attornment c. contrary if it were by Fine 11 H. 4.18 One who hath nothing in the Land must attorn as Tenant in Dower who hath assigned her Estate 2. The reversion of Tenant in tail is granted he commits Treason and attorns and is attainted 12 E. 4.3 Tenant in tail shall not be compelled to attorn but 15 E. 4.13 if he attorn voluntarily it is good Nor Tenant in tail after possibility c. 46. E. 3.13 39 E. 3.20 3 H. 6.12 5 H. 5. Attornment 17. One makes a gift in tail rendring Rent the Donor by Fine grants the Rent the Tenant in tail must attorn 8 H. 5.10 Tenant for life grants his Estate upon condition the Lessor grants the reversion Tenant for life attorns and after performs the condition yet the Attornment is void But all the question is upon the relation of the Office and this shall not vacate the Attornment for it shall not relate for the mean profits of the Land Sir VVilliam Fleetwood's Case Cook lib. 8. by the same reason if Rent were reserved it were well paid and well received and sufficient to invest the reversion in the Grantee 3. Adventurer to the East-Indies is within the Statute 4. Gardian of a Ship is within the Statute The Chancellor hath authority to award a Commission but not to grant Supers And therefore death of the King or a new Commission leaving out the old Commission may be but no Supers If the King present to a Benefice above 20 l. the Chancellor cannot make a revocation but as well in our Case as in that Case by Warrant under the Signet Privy Seal or Seal Manual the Chancellor may award Supers 6. Denizen of Ireland Points upon the Third Case 1. TEnant for life the remainder to the right Heir of I. S. makes a Feoffment in Fee upon condition and enters for the condition broken who shall enter for the forfeiture The Feoffer shall not enter for all is out of him by the Feoffment and he hath nothing but a possibility The right Heir of I. S. shall not enter for his remainder is destroyed The first Question is upon the Statute of W. 2. cap. 25. Whether if Lessee for years make a Feoffment by Livery within the view the Feoffer or Feoffee or both of them or neither be Disseisors 2. Upon Baron and Feme whether a Feoffment without Deed to the Baron and Feme and Livery only to the Feme invests any thing in the Husband 3. Upon the matter admit they are both Disseisors whether the release made to the Husband shall exclude the Wife it shall but in this Case where Tenant for years enfeoffes two and the Lessor releases to one he shall not hold out his Companion 4. Baron and Feme are Joynt-Tenants of a term and the Baron is made King what is become of the term and so of Freehold Whether the King shall have all or the Queen all or they remain Joynt-Tenants or Tenants in Common they are Tenants in Common 5. A Feme commits a Disseisin to the use of her and her Husband and the Husband is made King and the Disseisee releases to the King what is wrought if he can agree to the Disseisin being King 6. A Feme Covert Alien purchaseth the Husband is made King and Office is found 7. A Feme Covert purchaseth the Husband is made King if he can waive Points upon the Statute 1. IF one born in the Isle of Man is within the Statute 2. If Adventuring to Virginia is Merchandizing 3. If an Inn-keeper be within the Statute 4. If going to the Isle of Man be a Departing 5. If keeping of a Castle be a keeping of his House The Second Division Who shall be said a Subject born of this Realm or of any of the late Queens Dominions or Denizen 1. A. and B. Disseise C. who in consideration that A. at his request hath
is good but for a fourth part 1. A. Shall have a Moiety as Heir of the Husband and the Moiety of the other Moiety as Heir of the Feme and B. the residue 2. If Tenant by Copy by Recovery may bar the Remainder 3. If when the Lord is in Remainder it be not so annexed to the Fee that it cannot be pulled out by a Recovery 5. The Mannor of D. is holden of the Mannor of S. by Copy and I. S. holds a House and Land Common for ten Cows of the Mannor of D. by Copy in Fee The Lord of D. surrenders his Mannor to the use of I. S. for life who is admitted accordingly I. S. grants the Common by Copy to A. a Merchant A. is admitted and is a Bankrupt I. S. dies the Lord of D. enters the Commissioners sell the Common the Vendee compounds with the Executors of I. S. The Common cannot be sold and if it might the Composition shall be with the Lord of D. 6. Tenant by Copy is disseised and the Disseisor is admitted Tenant by the Lord the Lord bargains and sells the Mannor to I. S. in Fee by Deed inroll'd the Disseisee becomes a Bankrupt the Commissioners sell the Copyhold the Vendee compounds with the Bargainer This is a good Sale and a good Composition 1. If Tenant by Copy may be disseised or ousted and this shall be no disseisin to the Lord 2. If the Lord by the admittance of the Disseisor hath dispensed with the disseisin in part and so he may apportion his own wrong 7. A. disseises B. of the Mannor of S. and dies seized C. the Son of A. enters a Copyhold escheats D. enters and disseises C. and Leases the Mannor for years to E. who grants the Copy to F. in Fee F. dies his Heir is sworn of the Homage and becomes a Bankrupt D. dies B. enters the Commissioners sell the Copyhold the Vendee compounds with B. and is admitted the Heir of D. recovers in a Mortdauncester C. recovers in Entry sur disseisin and B. recovers against him in a Writ of Right The Sale is good and the Composition good 8. A. and B. joynt-Tenants in Fee of a Mannor they grant white Acre to I. S. for life by Copy A. enters into Religion at Roan B. makes a Lease for years of the Acre to C. to whom I. S. surrenders B. dies A. is deraigned C. surrenders to A. I. S. becomes a Bankrupt the Commissioners sell the Copyhold the Vendee compounds with A. the Heir of B. enters This is a good Sale and a good Composition for a Moiety 9. Six Copyholds escheat the Lord grants them to A. a Merchant indebted and after the Lord makes a Feoffment of the Freehold of the Copy-hold to B. C. and D. the Merchant gives over Trading B. disseises C. and D. the Merchant continues his debt by Interest seven years pass C. and D. recover against B. and have judgment to hold in severalty C. and D. make partition the Merchant renues his Bonds with the Creditors and keeps his House the Commissioners sell the Copy-holds the Vendee compounds with B. C. and D. severally admitted The Sale is not good because the Merchant is no Bankrupt but if it were good the Composition was good and B. C. and D. have three Customary Mannors The Sixth Division What Fees Annuities Officers Goods Chattels Wares Merchandizes and Debts of a Bankrupt may be sold by the Commissioners 1. BEfore Quia Emptores one makes a Feoffment in Fee rendring Rent to be holden by Foreign service and a Tenant dies and his Heir dies before entry and a Stranger abates the Lord becomes a Bankrupt the Heir recovers in Mortdauncester the Commissioners sell all the Debts of the Lord. The Vendee shall have two actions of Debt for two several Reliefs 1. If the Heir shall pay Relief when his Ancestor had but a Possession in Law he shall Kelloway 173 6 H. 8. 2. If Debt lies against the Heir for relief due after the death of his Grandfather 13 E. 3. Relief 6. A distress lies 3. If Fee-farm made before Quia Emptores shall pay Relief 45 E. 3. fol. 15. now it shall not 4. If Tenant in Knights Service shall pay Relief Kelloway 5. If the Heir shall pay relief for Land which he had by recovery 6. Debt lies for relief by the Lord himself 23 H. 8. Brook It lies for his Executors 7. If relief is such a debt or duty which the Commissioners may sell 2. A. Tenant of two Acres herriotable covenants to stand seized to the use of himself for life the remainder to his Son in Fee with clause of revocation and for money paid he bargains one Acre to B. B. dies the Lord seizes a Herriot the Heir of B. re-enfeoffs A. A. revokes the first Deed the Lord is a Bankrupt A. dies the Commissioners sell all the Lords Goods to C. C. takes relief of the Heir of A. C. Shall have detinue for two Herriots against the Executors of A. 1. If two Herriots or but one are due notwithstanding the repurchase 34 E. 3. Herriot 1.2 They are due 2. If the power of revocation be not gone notwithstanding the repurchase 3. If acceptance of relief of the heir may be pleaded by the Executors in an action against them for the Herriot 26 E. 1. H. 6. Quaere 4. If detinue lies for a Herriot-Custom 6 E. 3.29 R. 2. Herriot 4. and 5. the Lord may seize it in all the goods 5. If the property of the Herriot is so vested in the Lord before seizure that the Commissioners may sell it 3. The King grants the Office of Aulnage of London to a Merchant stranger for years with a Fee of 20. l. per annum who assigns it to a Merchant Denizen indebted who discontinues his Trade of Merchandize and lives by his Office and enters into Recognizances for his debts and makes I. S. dis deputy and is made Steward of the Tower of London the Recognizances are forfeited and he keeps himself in the Tower Office is found The Commissioners shall neither sell the Office nor the Fee 1. If the Lease be good because no Office of trust or confidence 2. If discontinuance of Merchandize is an exemption from the Statute when the Creditors have taken new assurances 3. If the Steward of the Tower is not sole Judge there by Prescription 4. A Feme sole Alien grants to A. a Scottish Merchant the Office to be the master of her horse with a Fee of 20. l. per annum for his life she takes a Husband who is made King of England who by his Letters Patents grants the Mastership of the Queens Horse to I. S. with a Pension out of the Exchequer the Scot becomes a Bankrupt The Commissioners shall not sell his Office but they may sell his Fee and the Vendee shall have an Annuity for it against the Queen 5. A Resiant is injoyned in the Leet to reform a publique nusans by him made before such
England did not call themselves Kings of Ireland but Lords of Ireland and the Parliaments of England bound them till 2 H. 7. and they are governed by the Laws of England And if a Denizen of Ireland bring an Action in Ireland and it be adjudged against him there he may have a Writ of Error in the Kings Bench here and reverse it and it is no Plea of the Defendant here to plead in abatement of the Writ of Error that the Plaintiff is an Alien which shews that if he be free of Ireland he is free of England as all born in Ireland are Authorities that Ireland is subject to the Laws of England and that their errors are to be corrected here viz. 15 E. 3. Fitz. Record 17. and error 72.34 As 7. 5 E. 2. Fitz. Error 89. Natura Brevium fol. 22. E. See Case de post nati 2 R. 3.12 Kelway 11 H. â— fol. 202. read this case 6. She is married to a Londoner being an Alien It may be questioned whether an Alien be capable of the freedom of London or not and I say he is but there be private orders that none shall be admitted or made free but if de facto he be made free then free he is till he be disfranchised 7. That the Wife of a Freeman of London may by the custom be a sole Merchant 1 E. 4. fol. 6. â—5 H. 6.28 9 E. 4.35 21 H. 7.17 Points upon the Statute 1. WHether such a Feme covert sole Merchant can be a Bankrupt I think she may for 〈◊〉 by the custom she may buy and sell and â—â—e and be sued then she is within the words of the Statute which is getting her living by buying and selling for otherwise the Statute would be deluded and the Londoners Wives only shall buy and sell and trade 2. Whether a Denizen of Ireland be within this Statute Besides the former Arguments see the words of the Statute which are c. But you must intend that she was made Denizen of Ireland by Letters Patents under the Great Seal of England and not of that of Ireland Note an old difference 3. Whether the Wife can be a Bankrupt within this Statute when the Husband because he is an Alien cannot be within the same As if an Alien marry an English woman and they with others rebel the Woman is a Rebel and a Traitor and if she be taken in the Wars she shall be executed in cold blood but the Husband is but as an Enemy and by the Law of Arms may be ransomed 4. But he is afterwards naturalized whether he be within the Equity of the Statute because he is not within the words But tantamount amplifie this with cases of tantamount and of qui potest majus minus potest si unico vincentem te à majori unico te 5. If a Feme Covert sole Merchant elopeing shall be a Bankrupt the difference will be when shee lopes carrying her Goods with her so as she leaves her Husband non solvent and when she leaves him sufficient for if such a Woman be indebted no doubt but the Creditor may sue her by the Custom in the Courts of the City or else he may sue the Husband alone at the Common Law But if he be non solvent her absenting of her self will make them both Bankrupt her as a Merchant by Custom and him to his folly to suffer her 6. Whether her Land shall be sold it shall foâ— it may be it was the credit of her land that procured her to be trusted 7. And it shall be sold after her death by the Statute of primo Jacobi of Bankrupts 8. Whether his Estate which he hath as Tenant by the courtesie shall be sold for the Estate of Dower of a Bankrupts Wife shall never be sold But I answer here the Land shall be sold and he shall not be Tenant by the courtesie First note in many cases where there shall be Dower but yet no tenancy by the courtesie as Payne's Case Lands are given to a Feme and to the Heirs Males of her body and she hath issue a Daughter and dies the Husband shall not be Tenant by the courtesie the same it is if the issue be ripped out of his Mothers belly after her death But here the Husband is particeps Criminis and a Bankrupt and his interest shall be sold for his debt for so were all the debts of his Wives making and his Wife traded in his right and for him if he so please and the Reversion shall be sold for the payment of the same debts for they were hers The first Division Who shall be said a Merchant or other person seeking his or her living by buying and selling 1. AN Inn keeper is indebted and absents him-himself he is a Bankrupt 2. A Feme Covert sole Merchant in London the Baron is outlawed the Feme is a Bankrupt 3. A Feme Covert sole Merchant in London elopes the Husband is non solvent the Feme is Bankrupt and her Land shall be sold 4. An Officer of the Court takes a Lease of the King of the sole Preemption of Tyn he is a Bankrupt for all debts he makes during his Term. 5. Such a Lessee pays not his Debts in seven years after his Lease expires and after he leaves off buying and selling of Tyn yet he is a Bankrupt But if his Creditors give him longer time after he hath given over and cancel their old Assurances and take new he is no Bankrupt 6. A Grasier that hireth Grounds and buys Cattle and feeds them and sells them again is a Bankrupt but if he grase his own Free-hold contrary 7. A Clothier that sets poor People a Work but himself doth nothing but buy Wooll and sell Cloth is a Bankrupt But if he work himself and keep Looms and Servants contrary 8. An Ironmonger in London is a Bankrupt but a Lock-Smith contrary 9. A Goldsmith Hammer-man is not a Bankrupt but a Goldsmith Shoop-keeper is a Bankrupt 10. A Gentleman Adventurer in Virginia is not but to the East-Indies is a Bankrupt 11. An Adventurer into Greenland is not a Bankrupt into Muscovia is a Bankrupt No Adventurers for Discovery and Plantation are within the Statute although they carry with them trifles to exchange and truck with the Savages for their end is not Merchandizing 12. A Nobleman hath granted to him the sole importing of Cards or Glasses is a Bankrupt but a Monopolist that hath granted to him the sole making contrary 13. A Tailor that useth to make apparel to Noblemen or Ladies and to buy the stuffs for them and sets higher prizes in Bills then the stuffs cost is a Tromper and a Deceiver but not a Bankrupt 14. But a Tailor in London whom we call a Salesman that keeps Shop of Apparel to sell ready made is a Bankrupt he is like a Clothier 15. No Handicrafts-man that is in the compass of the Statute of 5 Eliz. is a Bankrupt although he buy his Materials