have but the use and profits of them under the King so it is said all Gaoles are the Kings Prisons and none others of the Land for life and member belongs to him only and the Lords have only the regard and that is the reason that in all Corporations in their Charters they always have a Grant and liberty to have a Prison Auditors by the Statute of W. 2. cap. 11. may send the Baily found in Arrearages to Prison by the Book it must be to the next Gaol though it be in another County otherwise an Action of false Imprisonment lies So our Commissioners must be careful to pursue their Commission but because the Statute saith they may dispose of his body at their discretions therefore to stay him in his own House or in one of theirs till he be further examined I think it not amiss although I have heard that some Commissioners have been blamed for not sending him to the Gaol 1. A. makes a Feoffment in Fee to B. by livery within the view B. Covenants with C. to stand seised to the use of D. his Son A. enters and makes a Feoffment to B. D. enters and makes a Lease for years to E. a Merchant upon condition to have in Fee E. is a Bankrupt C. disagrees to the Contract E. becomes a Recusant Convict and hath not Lands sufficient to pay 20 l. a Month the Commissioners sell the Land the King seizes the Term the condition is performed The Vendee shall have the fee-simple Points 1. IF livery within the view may be countermanded by livery in fact 2. If the Feoffee to whom livery is made within view before entry Covenants to stand seized to another use and after enters if the Covenant good that is if by his entry he by relation is in from the time of the Livery 3. If a covenants with B. to stand seised to the use of C. and C. enters and B. disagrees to the Covenant if the Land shall revert to A. 4. If a Bankrupt hath a Lease for years upon condition to have fee if the Commissioners may sell the Land with the possibility 5. A Bankrupt hath a Term and is a Recusant convict if the King or the Creditors shall have the Term 2. The King Lord Mesn and Tenant of Borough English Land the Tenant by License of the King to create Tenures devises the Land to A. in fee to hold of his Heirs by Knights service A. is attainted of Felony and devises the Land to his eldest Son a Merchant Bankrupt the Mesn enters the younger Son reverses the Attainder the eldest waives the Devise The Commissioners may sell all the Land Points 1. IF the King may grant to the Tenant of another to create new Tenures in prejudice of the Mesn as to Escheats 2. If Tenure in Borough English which is always Soccage may be altered into Tenure in Knights service 3. If it may be altered as to the Custom to descend to the youngest 4. If it may be altered as to the Tenure but not as to the Custom if the youngest Son shall be in Ward 5. Upon the Statute of Wills 32 H. 8. Lord and Tenant the Tenant is attainted and Devises his Land and dies the Heir reverses the Attainder before entry of the Lord if the Devise is good 6. One Devises Land to a Merchant and he becomes a Bankrupt and waives the Devise if the Commissioners may sell the Land 3. A Merchant makes a Lease for Life to an Infant the remainder to the King for Life of A. B. enters and dies seised the Deed is Inrolled A. dies the Infant enters the Lessor in consideration of marriage covenants to stand seised to the use of himself and his Wife and their Heirs the Infant at full age makes a Feoffment the Heir of the Disseisor enters the Lessor is a Bankrupt the Commissioners sell Lessor dies the Feme waives This is a good Sale of all the Land in Possession and Reversion Points 1. WHether the Inrollment doth not relate to avoid the descent 2. Whether the Entry of the Infant reduce the reversion 3. Whether the Sale not being good against the Wife is made good by her waiver Vide ante the Principal Case 5. One grants a Rent Charge to a Physician and his Heirs pro Consilio impenso impendendo the Physician is his own Apothecary and becomes non solvent for Drugs and Simples which he used in his Art a Commission is awarded the Physician keeps his House for fear of Arrests the Physician brings a Writ of Annuity and recovers by erroneous Judgement the Commissioners sell the Rent the Recoveree reverseth the Judgment the Physician dies This Sale of the Commissioners was good for this Rent but not to take effect during the Life of the Physician Points 1. IF an Annuity in Fee be granted pro Consilio may be sold 2. Whether he have any Election after he is Bankrupt 3. Whether the bringing of this Annuity which is reversed be an Election 6. One makes a Gift in Tail rendring Rent and dies the Rent is arrear a Disseisor enters and levies a Fine five years past the Heir of the Donor is a Bankrupt The Commissioners shall sell the Rent and the Arrearages Three Points upon the Statute 1. UPon the Statute of Fines the Second and Third upon the Statutes of Limitations and Bankrupts 1. Upon the Statute of Fines that is if Fines of the Land shall be a Bar for the Rent 2. And 3. Upon the Statute of Limitations If Commissioners may sell when the Party was concluded by the Statute of Limitations 6 Jacobi Banco Regis Executors notwithstanding no Seisin in their Testator by fifty years shall destrain by the the Statute of 32 H. 8. 7. A. and B. Tenants in Common of the Mannor of D. and Jointenants of the Mannor of S. They by Deed Poll bargain and sell Common of Pasture within the Mannors for a Cow to C. and his Wife and to the Heirs of their two bodies begotten C. the Husband grants the Common to E. in Fee the Wife dies without issue E. is a Bankrupt E. had Common for a Cow but it is neither Land Tenement nor Hereditament which may be sold by the Commissioners 8. The King grants to I. S. that he only for his life shall have the Importation of Steel he assigns his Patent to I. N. a Merchant I. N. becomes non solvent and after acknowledges himself to be a Villain regardent to the Honour of Hampton-Court a Commission is awarded I. N. Is a Bankrupt and the Commissioners may sell all his Lands and Goods but not the Monopoly 9. A. and B. Jointenants Covenant for natural affection to stand seised to the use of C. for life C. enters and B. dies C. dies the Heir of B. makes a Gift in Mortmain the Lord before entry bargains and sells the Seigniory to I. S. who enters and makes a Gift in Tail the remainder to I. N. a Merchant Tenant in Tail is
Gavelkind without Issue by the Custome there Reppes Case the Child was ripped out of his Mothers Belly and so after the death of the Feme the Baron could not be Tenant by the Courtesie But this Question rises upon the Case put in Pains Case Lands are given to a Feme and her Heirs Males and she hath Issue a Daughter and dies the Husband shall not be Tenant by the Courtesie for although a Man shall be Tenant by the Courtesie notwithstanding the Estate tail be spent yet his Estate must begin by an Heir heritable to the Estate Here in our Case the Son was the Heir and by him the Father would have been Tenant by the Courtesie to all other his Wifes Lands but not to this But although a Female cannot be Heir that hath a Brother yet since the Statute of Donis and by the Equity of that a Daughter may be Heir by Cook in Shelley's Case notwithstanding that he had also a Son fol. 103. and so here he may be Tenant by the Courtesie for this Land by the Daughter and of other Land by the Son if the Wife had been Tenant in tail of other Lands to her and her Heirs Males 5. Tenant by the Courtesie is and Tenant in tail in reversion makes a lease to commence presently hath Issue and dies Tenant by the Courtesie dies if his Issue shall avoid the Lease This Question is grounded upon the words of the Statute of 32 H. 8. which gives power to Tenant iâ— tail to make Leases Provided always that this Act c. shall not extend to any Leases to be made of any Mannors c. being in the hands of any Farmer or Farmers by vertue of any old Lease unless the same old Lease be expired surrendred or ended within one year after the making of the new Lease and upon this Clause hath risen many Questions as Tenant in tail makes a Lease for Forty years not warranted and Ten years after makes a Lease for Twenty One years to another warranted Within a year Tenant for Forty years surrenders Tenant in Dower surrenders to the Issue in tail upon condition Tenant in tail makes a Lease c. Tenant in Dower enters for the condition and dies and Tenant in tail dies if the Issue may enter Tenant in tail makes a good Lease for One and Twenty years Tenant for years surrenders upon condition Tenant in tail makes another Lease for One and Twenty years or three lives the first Tenant in tail enters for the condition broken By Philips the second Lease is good Cook contra in Elmers Case lib. 5. And my Question is whether Tenant by the Courtesie be within those words Farmers c. and he is not Foster in his Reading upon this Statute vouched one Richards Case That Tenant by the Courtesie was no such Farmer Points upon the Statute 1. IF a Feme Covert sole Merchant by the Custom of London shall be within the first Branch or Division of this Statute which is using the Trade of Merchandizing or getting their living by c. she is That there is such a Custom in London and mentioned and allowed in our Books Custom Br. 43. Ley Br. 74. 1 E 4. fol. 6. An Action being brought in C. B. for ones Board in London he would wage his Law not And the difference put between Customs which go with the Lands as Gavelkind Borough English c. and Customs of Courts good within the Town but not here but a recovery by such Custom may well be pleaded here in this Case Littleton Billing saith A Feme Covert sole Merchant by the Custom of London shall be impleaded sole here 35 H. 6. fol. 28. The Question was Whether the property of the Kings Jewells could be altered or forfeited because they were pawned and forfeited in London By Needham in the Exchequer Chamber upon an Information Custom Brook 5. and Pledges 28. 21 H. 7.17 Departure Brook 10. in case of a Departure because he had intituled himself by a new matter that is by a Custom which he might have pleaded 9 E. 4.35 A Feme removed by Habeas Corpus objected by Pigot that she and her Husband were both arrested for the Femes debt because a sole Merchant and prayed that she might be remanded for they have no remedy here this had been allowed and granted to him had not the Woman come in charged with a Reddidit So upon an Exigent The Customs of London have been confirmed by Parliament 1 E. 37. R. 2. and admit that she could not be sole sued here as in the Courts of London yet if a Contract made by her shall bind the Husband by the Custom the Husband shall be sued here and it shall be said the Contract of the Husband as 21 H. 7. 2. The Husband shall be bound by the Contract of his Wife if he command before or agree after and it shall be accounted his folly to suffer his Wife and so they be both Bankrupts To put cases how the Husband shall be prejudiced by the Act of his Wife 49 E. 3.25 The Husband shall not be charged with the debt of the Wife which she owed before marriage after her death but if an Action during the Coverture were brought against the Baron and Feme and Judgment were had against them and she dies the Husband shall be charged 20 H. 6.22 If the Wife buy any thing by the Husbands commandment or that by his allowance comes to his use he shall be charged 9 E. 4.24 Debt against Baron and Feme the Baron appeareth the Feme makes default the default of the Wife is the default of the Husband Nat. Brevium 120. G. A man shall be charged by the Contract of his Servant or his Wife if he gives them Authority otherwise not 12 H. 7.24 The Baron shall pay Mony in the Spiritual-Court which was charged for corporal punishment of the Wife for a slander And so it is at our Law for all Slanders and Batteries as we see every day 20 H. 7. Kello 61. A Feme Disseisor takes Husband who occupies the Land without notice or cognizance of the Husband yet he shall pay damages I conclude her Merchandizes are his by the Common Law and by the Custom 3. For all the Reasons aforesaid the Outlawry of the Husband shall make him a Bankrupt by the Statute and shall make the Wife a Bankrupt by the Custom and the Statute Which is plain against all using Trade of Merchandizing and getting their living by Buying and Selling and that if he be non solvent as he must needs be by his Outlawry then she must be non solvent but whether the Creditors by the Commission shall have the Goods or the King by his Outlawry That is a Question that comes not within the compass of this Case but I shall move that some other time 4. But I put the Husband to be dead before the Commission and whether his Goods or Lands shall be sold afterwards is a Question but
die after the sale of the Lands and distribution what remedy hath the Bankrupt for the rest against the Executors of the Commissioners or against the Survivor of them After the Sale and before distribution all the Commissioners die but two what shall be done A new Commission shall be awarded to other Commissioners not to them and they shall be called before the new Commissioners as they who have the Estate of the Bankrupt in their hands 15. What shall be said a concealment of the Estate of a Bankrupt or of his Person or a fraudulent claim or demand or detaining of his Estate and what remedy for the Forfeiture or Fine 16. What damage is it to be out of the Kings Protection by this Statute 17. Who shall be said a Creditor within this Statute A sole Creditor if he can sue the Commission A Mortgage of Lands or Goods if they can sell them Conusee of a Statute-Merchant or Recognizance The Plaintiff who hath the Body of the Defendant in Execution upon a Judgment at the Common Law He who hath the Bankrupt in Execution upon a Statute-Merchant A Merchant is taken in Execution and after becomes indebted to A. and remains six Months in Execution and so is a Bankrupt if A. shall be a Creditor that is if he be a Bankrupt from the beginning of his Imprisonment by relation or only after the six Months A Merchant is imprisoned for Debt the Gaoler Credits him for Victuals for a Year if he shall be a Creditor for part for all or for none A Bankrupt is Convicted for keeping of Inmates or erecting Cottages the Statute gives an Action of Debt to the Lord of the Leet he is no Creditor 18. What Conveyance the Commissioners may make after the Death of the Bankrupt A Feme Covert sole Merchant within Age the Baron and Feme levy a Fine of the Land of the Feme a Commission is awarded the Fine is reversed for Non-age of the Feme with a Cessation of Execution during the Life of the Baron they have Issue the Feme dies the Commissioners sell the Issue enters The First Division Who shall be said to be a Merchant or other Person using or exercising the Trade of Merchandizes by way of Bargaining Exchange Bartry Chevisance or otherwise in gross or by Retail or seek his or their Trade of Living by Buying and Selling. 1. A Makes a Lease for Years to B. and grants the reversion to C. in Tail B. attorn and enters A. grants the reversion of C. to D. being a Denizen of Ireland C. commits Treason and attorns D. becomes an Adventurer to the East Indies C. is attainted D. is Non solvent and having no House keeps himself on Ship-board C. Dies without Issue a Commission is awarded and after supers the Commissioners sells the Land by Deed Inrolled in the Mayor's Court in London D. is a Bankrupt within the Statute and the Sale by the Commissioners is good 2. Tenant for Years of an Inn makes a Feoffment in Fee to Baron and Feme an Alien makes livery within the view to the Feme who enters the Baron is made King the Lessor being an Adventurer of Virginia Releases to the King by Deed Inrolled an Office is found the Queen waives the Lessor enters and keeps the Inn and being Non-solvent is made Keeper of a Castle in the Isle of Man where he was Born and there remains The Lessor is a Bankrupt within this Division of the Statute and the Commissioners may sell the Land 3. A Disseisor makes a Lease for Life to a Feme sole the remainder to the right Heirs of I. S. she makes a Feoffment in Fee upon condition and enters for the condition broken and grants a Rend charge to A. a Goldsmith of London Naturalized by Parliament the Disseisee Releases to the Feme she Marries A. the Disseisor enters and makes a Feoffment to a Stranger I. S. dies the Feme hath Issue and dies A. enters and being Non-solvent surrenders to the Issue and departeth the Realm to Merchandize the Commissioners sell the Rent the right Heir of I. S. enters A. is a Bankrupt within this Division of the Statute and the Vendee may presently Distrain for the Rent 4. R. Tenant in tail makes a Gift in tail to M. hath Issue and dies M. makes a Feoffment to C. and dies without Issue his Wife the Issue of R. enters a Son is Born who enters the Feoffee enters and being a Grasier buyes lean Cattel and feeds them upon the Land and Sells them when they are fat and sells his own House and after being Non-solvent keeps his Neighbours House C. is no Bankrupt within this Statute and the Issue of R. recovers the Land by Formedon and the Son Born hath no right 5. A Man hath Issue A. and B. two Daughters they Disseise I. S. and infeoff their Father A. Marries C. and by his leave becomes a Sempster in the Exchange London the Father dies I. S. releases to the Husband B. brings a Neuper Obiit against A. and C. C. makes default after default A. is received and being indebted to divers Creditors disclaims in the Blood the Husband keeps the House The Husband is a Bankrupt within this Statute and the Moiety of the Land is liable to the sale of the Commissioners during the Coverture 6. One makes a Lease for Years to A. the remainder to B. for the Life of A. the remainder to the right Heirs of A. B. dies A. having Issue a Daughter his Wife with Child with a Son devises the Land to I. S. for the Life of M. for payment of his Debts and makes I. S. his Executor and dies I. S. enters the Daughter being a Feme Covert sole Merchant in London enters M. dies the Daughter is Non solvent and elopes the Son born enters The Daughter is a Bankrupt within this Statute and the Commissioners may sell the Land 7. One devises his Land to A. B. and C. baeredibus A. paying 10 li. they enter and A. being an Exchanger enters into Religion B. releases to C. the Bills of A. are protested C. dies the Creditors of A. brings Action against his Executors and before Judgment A. is deraigned the Commissioners sell all the Land A. is a Bankrupt within this Statute but the sale is good only for a third part 8. M. and F. joyn Tenants of a Horse Mortgage him to E. a Feme sole who intermarries with M. F. being a Horsecourser performs the condition and takes the Horse E. by commandment 〈◊〉 her Husband Steals the Horse M. and E. are Divorced causa praecontractus M. dies E. is indicted for Felony the Horsecourser becomes a Bankrupt the Commissioners sell the Horse F. is a Bankrupt within the Statute and the sale is good 9. The King makes a Lease for Years rendring Rent of the Pre-emption of Tynn in Cornwall to I. S. one of the Grooms of the Privy Chamber who becomes indebted to divers Persons for Tynn bought of
a day upon pain of 10. l. at the next Court he is presented because no reformation is made and there then the Tenant Traverses the Presentment that he is not guilty the Traverse is disallowed the Lord becomes a Bankrupt the Affeerors resuse to affeere the amerciament the Commissioners sell all the debts of the Bankrupt to A. A. Shall have an action of debt for this amerciament 6. A. sues execution of a Statute Merchant and the Conizors Land is extended at too high a value and refused by the Extendor and delivered to the Jurors B. defeats the execution by extending an elder Statute A. is a Bankrupt the Commissioners sell all his debts the elder Statute is satisfied the Jurors will not enter This is a good Sale of the possibility to extend and the Vendee shall have a Scire facias against the Tenant by the elder Statute and the terretenants and the Jurors to revive the former Execution 7. A. and B. Tenants is Common grant a rent of 10. l. per annum to C. who brings an Annuity against A. and recovers and after he distrains and Avows upon B. and becomes a Bankrupt the Commissioners sell the Annuity and the rent a fourth part of the Land descends to the Vendee The sale of the Annuity and also of the rent were good but he shall Avow upon B. but for 5. l. per annum 1. If he can bring an Annuity against one and distrain the other 2. How a Rent shall be apportioned when part of the Land descends to the Grantee 3. If a Rent charge be within this Statute because it is not within the words 8. A Mannor in Surry is giving to Baron and Feme and to the heirs of the Baron the Baron dies his heir being a Merchant claims the heirlooms the Executors of the Father claim them as Chatells the heir sells the Reversion and becomes a Bankrupt the Commissioners sell the heir-looms This a good sale but the Wife shall have the use of them during her life 9. One makes a Feoffment upon condition that the heir of the Feoffee shall infeoff I. S. the Feoffee grants a Rent charge the Feoffer enters for the Conditions and dies the Feoffee re enters and two Co-partners being the heirs of the Feoffor bring a Mortdauncester against the Feoffee and recover the Land and damages they have other Land in execution by Elegit for the damages the one dies the other is a Bankrupt The Commissioners shall sell all the Extent 10. A Disseisor makes a Lease for life to A. who makes a Lease for years to B. a Merchant stranger who is made Denizen upon Condition that he shall not depart the Realm the Disseisee confirms his estate Tenant for life dies the Disseisor enters B. being non solvent by License of the King with a Non obstante departs the Realm the Commissioners sell the term the Vendee enters upon the Disseisor The sale of this term is good 11. A. By Deed Poll demises the Land of B. to C. a Merchant who enters B. re-enters C. in an action of Covenant grounded upon the Deed recovers 10. l. damages against A. C. being indebted is committed to Prison by the High Commissioners for non payment of a Fine by them assessed and there he remains by six moneths the Commissioners assign the damages to D. who sues a Scire facias in his own name against A. and hath Judgement to have Execution A. brings a Writ of Error against C. of the first Judgement C. confesses the Error The Judgement is erroneous and yet the assignment of the damages is good and D. shall have Execution 12. A. Makes a Joynture to his Wife an Alien of part of his Land and dies she is made a Denizen and takes a Bankrupt to Husband the Commissioners sell the Joynture part of it is evicted by elder title she sues a Scire facias and recovers other Land in recompence an Office is found the Commissioners sell as well the Land recovered in value as the residue which was not evicted The sale of the Land recovered in value is good but not for the residue For New-Inn The Case THe Land of A. is extended for the debt of B. and A. grants the reversion to C. in Tail B. attornes and hath a Liberate A. grants the reversion of C. to D. a Feme sole Merchant Denizen of Ireland C. commits Treason and attorns and suffers a common recovery to the use of himself D. takes E. an Alien and Londoner to Husband C. is attainted D. continues sole Merchant E. is naturalized D. is indebted and elopes C. dies without issue E. enters and is non solvent a Commission is awarded and proclaimed D. hath issue and dies an Office is found the Term expires Conclusion The Land shall be sold by the Commissioners 1. When Land is extended and before a Liberate it is to be considered in whom the Land is 3 E. 6.68 It is said that goods extended are in the custody of the Law but yet not so out of the Conizors possession but that they may be extended for the Kings debt due by the Conizor 41 E. 3. Fitz Recognizance 38. Land was extended by the Sheriff and before Liberate the Lands were extended for the Kings debt and so process stayed 33 H. 8. Broke Recognizance 41. Liberate may be taken out seven years after the extent 41 E. 3. fol. 1. It is questioned whether the party or the King shall have the mean profits of Lands taken by cape grand till a petty cape Also it will be objected that a reversion will pass by words of possession but possession will not pass by words of reversion Frokmerton and Tracy 43 E. 3. and Smith and Stapleton But except we prove this reversion to be well granted we are at an end of our case for all the rest depends upon this point We say then that when Lands are extended it is plain they are out of the Conizor presently And although it seems that for the time they are in the Kings hands yet when the Liberate comes they are in the Conizee ab initio and by strong relation So as if a Mannor be extended to which an Advowson is appendent and the Church becomes void and Liberate sued the Conizee and neither the King nor the Conizer shall present So if Arrearages of Rents fall due between the extent and the Liberate the Conizee shall distrain and avow for them Wherein I will compare it to Longs Case that was in the Common Pleas Pasch 31 Eliz. Rot. 2024. one granted a Mannor to which an Advowson was appendent and made Livery the Church became void and afterwards the Tenants attorned the Grantee shall present and the Attornment shall relate to make the Grantee in from the time of the Feoffment And although it is said 8 H. 5. fo 10. that no man can attorn to a grant of a reversion that hath as yet nothing in possession but hopes or possibilities As if Tenant for life
Bankrupt becomes Lunatique and Office is found yet the Land shall be sold 12. A Bankrupt is Tenant in Tail the remainder in the King of the Provision of the King sale by the Commissioners shall not be good against the issue in Tail for the Bankrupt neither by Fine nor Recovery could lawfully part with it but for his life 13. A Bankrupt hath a Seigniory the Commissioners seize before assignment a Tenancy escheats the Tenancy shall be sold but if after seisure of the Seigniory and before the Escheat the Bankrupt dies the Commissioners shall not sell by this Statute but by the Statute of primo Jac. the Tenancy shall be sold 14. Two Joyntenants one is a Bankrupt the Commissioners seize a Moiety the Bankrupt dies no part shall be sold by this Statute but by primo Jacobi a moiety shall be sold for that Statute is that the Commissioners shall proceed as if he were living 15. A Merchant takes a Wife after he is a Bankrupt she shall not have Dower against the Vendee 16. A Feme Covert sole Merchant inheritrix in London is a Bankrupt her land shall be sold and her Husband shall not be Tenant by the courtesie 17. A Bankrupt commits Felony the Land shall not escheat but the Commissioners may sell it The fifth Division What Copy-hold Lands shall be sold and in what case Composition shall be made with the Lord and in what not 1. THe Lord sells the Freehold of one sole Copy-holder to A. the Copy-holder is a Bankrupt the Commissioners shall sell 2. The Lord is to be compounded with for the Admission by the Statute and in this Case here can be neither Surrender nor Admission yet by the equity of the Statute the Lord must be compounded with 3. Commissioners sell a Copy-hold the Vendee tenders to the Lord a competent Fine which the Lord refuses and will not admit the Vendee the Vendee may enter 4. If a Copy-hold be intailed to a Bankrupt in a Mannor where Recoveries are used to cut off intails Commissioners may sell but if no Custom be for Recoveries contray 5. A Copy hold is surrendered to the use of a Bankrupt who will not take it up or sue to be admitted because it shall not be liable to his Creditors the Commissioners shall sell it 6. A Copy-hold is surrendred to the use of a Bankrupt who will not be admitted the Commissioners shall sell but the Vendee shall pay two Fines 7. A Copy-holder where the Feme by Custom shall have Dower surrenders into the hands of two Tenants and dies the Feme marries a Bankrupt the surrendree is admitted the third part of the Feme shall be sold but no remedy for the damage betwixt the death of the Husband and the admittance 8. One surrenders Copy-hold to the use of a Bankrupt the Lord dissolves his Court yet the Commissioners shall sell The sixth Division What Annuities Fees Goods Chattels Debts c. Commissioners may sell 1. B. Hath a Lease for years made unto him upon condition that he shall not alien yet the Commissioners may sell and this is no forfeiture 2. B. hath the next advowson the Church is void the Commissioners sell the Presentation the Vendee shall present and no Symony 3. A Bankrupt purchases Land with warranty the Vendee of the Commissioners shall not vouch but he shall rebut 4. Commissioners sell a rent or reversion this is good without Attornment 5. A Bankrupt becomes Lunatique his goods shall be sold as before of Lands c. 6. Lord and Tenant the Lord is a Bankrupt the Tenant dies the Commissioners shall sell the money or debt due for relief 7. The same of a Herriot 8. The Lord is a Bankrupt the Tenant dies the Commissioners sell the Relief-money and the Herriot the Executors pay the Relief the heir shall not pay a Herriot 9. The King Leases the Aulnage of London for years the Lessee is a Bankrupt the Lease shall be sold 10. Lord of a Leet is a Bankrupt the Commissioners shall sell the Amercements past and the Vendee shall have an action of debt 11. A Lease for years is devised to A. if he live so long the remainder to one B. the Commissioners shall not sell the possibility 12. Land is extended and delivered to the Extenders because too high another defeats this Execution by extending of a former Statute the first is a Bankrupt the Commissioners shall sell the possibility 13. A Rent charge shall be sold yet it is not within the words 14. The same Law of a Common in gross 15. It is the Custom in Surrey that certain Heir-Looms shall go with the Land and not to the Executors the Land is intailed Tenent in Tail is a Bankrupt the Heir-Looms may be sold from the Land and the issue hath no remedy 16. Two Tenants in Common recover damages in trespass the one dies the other is a Bankrupt all the damages shall be sold 17. A Bankrupt recovers damages by an erroneous judgement the Commissioners assign them to the Creditors who recover them in execution the Judgement is reversed the sale was good but the Assignees or Vendees shall make restitution 18. A villain is a Merchant the Lord seizes all his goods and imprisons his person for six months he is a Bankrupt the Lord shall have his goods but his debts shall be sold 19. A Villain Merchant is a Bankrupt the Lord seizes his goods yet the Commissioners may sell 20. A Merchant by Outlary becomes a Bankrupt the Creditors shall have his goods and not the King 21. A Merchant Bankrupt commits Felony his Creditors and not the King shall have his goods 22 A Bankrupt is felo de se the Almoner shall have his goods notwithstanding this Statute but by primo Jacobi the Commissioners shall have them The seventh Division Who shall be said a Creditor that shall be relieved and and who not and what shall be said to be a just debt intended 1. ONe sole Creditor shall not by this Statute sue the Commission for it ought to be at the Sute of his Creditors 2. Merchant Mortgages his Lands the Mortgagee may choose to come in as a Creditor 3. A Merchant enters into a Statute or Recognizance the Conizee is a Creditor else he shall have neither Land nor money if he come not and contributes 4. A Merchant pledges goods and becomes Bankrupt the party need not come in 5. The plaintiff that hath the defendants body in execution shall not come in to be relieved 6. But he that hath a judgement for a debt may come in before execution 7. One that hath the Bankrupts body in execution upon a Statute Merchant may come in 8. One that recovers damages in Waste or Assise or trespass shall not be relieved 9. An Informer recovers money forfeited by a special Statute he shall not be relieved 10. A Bankrupt is indebted to the King Commissioners seize the Bankrupts goods process comes to the Sheriff he shall leavy the