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
Escheated shall be sold but Quere if it Escheat after the Commission and Death of the Bankrupt One bargains and sells a Seigniory to a Bankrupt and after Commission the Bankrupt dies and the Deed is Inrolled after the Commission The Bankrupt having Land holden in Capite dies his Heir within Age and Office is found if they can sell The same if his Heir be an Ideot or a Lunatick A Bankrupt becomes Lunatick an Office is found A Bankrupt is Tenant in Tail the remainder in the King if it can be sold but for the Life of the Tenant in Tail Tenant in Tail grants all his Estate and becomes a Bankrupt the Land shall not be sold Tenant in Tail of a Rent is disseised thereof and dies his Issue is a Bankrupt and brings a Formedon yet the Rent shall be sold Two joynt Tenants the one is a Bankrupt and dies if his part shall be sold not because the Survivor is not in by him Tenant in Tail the remainder to an Alien Tenant in Tail is a Bankrupt and suffers a Recovery the Land is sold Tenant in Tail dies without Issue an Office is found if the Land shall be sold for the King 8. What Copyholds they may sell and what agreement made with the Lord is good The Lord sells the Freehold of one sole Copyholder to A. the Copyholder becomes a Bankrupt if the Commissioners can sell Copyholder in Tail with a remainder where no Recoveries or where Recoveries are remedied against the Lord who will not compound A Copyholder by License of the Lord makes a Lease for One and Twenty Years the Copyhold Escheats Quere if the Lease is good against the Lord. A Feme by Custom is to have a Widows Estate the Bankrupt makes such a Lease if the Feme shall avoid it A Bankrupt Copyholder makes a Feoffment the Lord enters the Commissioners sell the Vendee tenders a competent Fine the Lord refuseth to admit him the Vendee enters the Lord brings Trespass it lieth not A Bankrupt makes waste the Commissioners sell the Lord enters for a Forfeiture A Copyholder surrenders into the hands of two Tenants he to whose use is a Bankrupt the Lord dissolves the Mannor 9. What Fees Annuities Offices Goods Chattels and Debts the Commissioners may sell A Merchant acknowledgeth himself to be the Villane of I. S. the Commissioners may Assign his Debts Quere of his Goods A Lease for Years provided that he shall not alien the Commissioners sell if it be a Forfeiture 10. What Uses Interests Rights or Titles of a Bankrupt the Commissioners may sell A Bankrupt hath an Advowson the Church becomes void the Commissioners sell the Vendee presents if this be Symony A Bankrupt prefents one who is privy to his Bankrouting who is Indicted the Commissioners sell their Vendee brings a Quare impedit within six Months A Bankrupt hath a Warranty what use the Vendee shall have of it A Bankrupt hath the next avoidans the Commissioners present one for Money paid to the Creditors The Disseisor dies seized after five Years the Disseisee becomes a Bankrupt A Woman hath a Rent charge she takes a Husband a Bankrupt who Distrains and Rescous is made if the Commissioners can sell all the Rent which shall be due during the Coverture 1 E. 3. fol. 5. Pl. 23. The Commissioners sell a Rent or Reversion if good without Attornment A Bankrupt loses by erroneous Judgment if this right to bring a Writ of Errour may be transferred by the Commissioners The same of an Entry for condition broken or performance of a condition A Bankrupt becomes Lunatick the Commissioners sell an Office is found 11. What Deed Inrolled in one of Her Majesties Courts of Record shall be good The Deed is not acknowledged before any of the Masters of the Chancery by the Commissioners The Deed is not Inrolled within six Months the Statute of Inrolements saith by Bargain and Sale only I. S. By prescription holdeth Plea in his Mannor above Forty Shillings the Deed is there Inrolled after Sale and before Inrolment the Bankrupt takes a Wife and die if she shall be endowed the Deed is inrolled in the Mayors Court in London no question of the Hustings 12. What shall be said a just Debt and how the Statute shall make an apportionment between the Creditors what is their duty to do and what remedy they have for their Portions and who shall be said a Creditor and who shall be relieved A Merchant indebted as Surety or Bail for a Gentleman but not for himself If one may Sue for a Legacy before the Commissioners How a Debt doubtful shall be tried before the Commissioners For Money decreed to him in the Chancery or Star-Chamber One Creditor sole Sues a Commission and keeps it with him secretly until the last day within four Months and then the Commissioners sell the Land and pay all to this Creditor the others never having notice thereof what remedy for them The Commissioners sell all the Land and distribute all but this is not full satisfaction after other Land descends to the Bankrupt if they can make another sale and new distribution The four Months are past and part of the Estate distributed new Creditors come in if they shall be admitted to have contribution of the rest which is not yet distributed and if such new Creditors shall have allowance ratably with the other Creditors according to the Remnant of their Debts or according to all paid or not paid A Bankrupt becomes indebted to one who had notice that he is a Bankrupt if he shall be admitted a Creditor One hath a Debt which is not yet due yet he shall be relieved with rateable respect of abatement for the time 13. What Act or Conveyance made by a Bankrupt before or after he is a Bankrupt shall be good He takes a Wife after he is a Bankrupt if she shall be indowed of Land which he had before He takes a Wife after he is a Bankrupt and Land descends to him if she shall be indowed A Bankrupt Disseisor the Commissioners sell and before the Deed is inrolled the Disseisor releases to the Bankrupt A Bankrupt presents one who is private to his intent who is indicted the Commissioners sell the Vendee brings a Quare impedit A Bankrupt becomes a Clerk-Convict and hath Goods within a Liberty A Bankrupt after Commission awarded becomes felo de se A Conveyance to the use of a Daughter a Widow formerly advanced A Merchant Tenant in Knight-service his Heir within Age makes a Feoffment by collusion the Lord after becomes a Bankrupt this is no fraud against the Creditors but yet the Land shall be sold for though it be fraud between the Lord and the Tenant yet there is a Trust between the Feoffor and Feoffee 14. What Declaration or Account the Commissioners shall make to the Bankrupt and whether the Proviso be a Condition and what remedy the Bankrupt hath for to cause them to account The Commissioners all
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