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A72116 The contents of a Bill, preferred by the creditors of Thomas Frith late of London scriuenor, deceased, for sale of certayne lands and leases by him purchased, for payment of such moneyes, as was owing by him vnto them, and are yet vnpaid. 1621 (1621) STC 11395.3; ESTC S124119 2,315 1

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The Contents of a Bill preferred by the Creditors of Thomas Frith late of London Scriuenor deceased for sale of certayne Lands and Leases by him purchased for payment of such Moneyes as was owing by him vnto them and are yet vnpaid The Preamble WHereas the said Frith being a Putter forth of much money for other men at Interest after he had got such credit that many men trusted him with great Summes vpon his owne Securitie and others became bound with him and had purchased in Lands and Leases aboue 1600 pounds per Annum Hee was arrested and laid in the Fleete whence he procured himselfe to be remooued into the Prison of the Kings Bench where he became Felo de se Sithence whose death neither the said Lands nor Leases were forfeited by his Felonie nor yet subiect to the payment of his Debts for some were conuayed ouer to other men in trust some were purchased partly in the name of his Wife and partly in the names of his Children and other some were morgaged for monies borrowed but are enioyed partly by his Wife and Children and partly by colour of a Decree and vertue of an Iniunction which Decreeis made in shew for all the said Creditors but indeed for Three of them onely So that those Creditors to whom the said Decree in shew onely doth extend and who in equitie ought also to enioy the benefit thereof are vtterly defeated of their debts whereby some of them are sithence become decayed in their estates other suffer imprisonment for his the said Friths debts others haue perished in Prison for the same and others are in imminent danger vtterly to be vndone and also there to perish Except that by his Maiesties most gracious fauour they may bee releeued out of those Lands and Leases aforesaid Wherefore the said Creditors are most humble Suiters that it may be enacted The Act contayning Nine Branches That a Commission bee awarded to fiue or seuen certayne Commissioners viz. such as haue beene either high Shirifes of Essex where most of the said Lands doe lie or such as be Common Councell men or called to bee Shirifes of London And that those Commissioners or the most parte of them may haue authoritie to call before them all such of the said Creditors as shall within three moneths next after this Session of Parliament haue their names entred in the Assurance Office in the Royall Exchange in London where shall bee paid to the Clerke that shall there enter the same Sixe pence And that euery such Creditor as shall be Contributor to the charges of this Act and the said Commission shall be capable of the benefit thereof and none other And that the said Commissioners shall examine view and see all the specialties proofes and euidences which any of the said Creditors shall produce for proofe of the Debts vnto any of them owing by the said Frith either by matter of record or the oathes of such as any of them haue formerly produced or shall produce to proue the same And shall examine vpon oath either the said Creditors themselues or any other how much of those Debts are or is vnpaid And shall cause thereupon a Schedule indented to be made contayning the same Debts so prooued and vnpaid and the names vnto whom they be owing Of which Schedule one parte to be left at the Capitall Messuage of the Mannor of Vpminster in Essex and the other parte to remayne with any of the said Commissioners And shall within sixe weekes after the leauing thereof at the Messuage aforesaid cause a Writing thereof to be published on some Sabbath day after Diuine Seruice in the Parish Church of Vpminster and afterwards cause the same Writing to be fixed to the dore of the same Church to the end the Wife and Children of the said Frith may haue notice thereof And if neither the said Wife nor Children shall within Three months after the Publication and leauing of the said Schedule pay nor cause to be paid vnto all and euery the said Creditors named in the said Schedule respectiuely the Debts so specified in the same Schedule Then the said Commissioners shall cause a Iurie to be empannelled and inquire what Lands Annuities and Leases the said Frith or any other in trust were seazed or possessed of at the time of his death and what Lands Annuities and Leases he had purchased in his owne name or in the name of any other in trust whether the Deeds thereof made doe expresse the same trust or not which were and did remayne in them or any of them at the time of his decease and where the same doe lie and in whose occupation they or any parte of them shall bee then remayning And thereof or of so much thereof as shall be found sufficient to satisfie the said Debts with such dammages as the said Commissioners shall giue and allow if the same will afford so much the said Commissioners or the greater parte of them shall by Deed indented and inrolled make sale Prouided that composition shall be made by the Purchasers of Copie or Customarie Lands with the Lords of the Mannors and that thereupon the said Lords shall grant the Vendee by Copie of Court roll the same Copie or Customarie Lands and admit them Tenants And that it may be further enacted that if the monies arising by the sale of all the said Lands Annuities and Leases will not suffize to satisfie all the Debts specified in the said Schedule Then the monies arising of the said sale shall be paid to all the Creditors named in the said Schedule euery one proportionably to his debt set downe in the same Schedule But if there shall be made more monies by the said sale then will suffize to pay those debts with reasonable dammages as aforesaid Then the ouerplus shall bee paid to the Wife and Children of the said Frith to be diuided amongst them as the said Commissioners shall thinke meete And vpon payment of such monies as shall be paid to any of the said Creditors by vertue of that Act and of the said Commission the Securitie and Assurance of euery of the said Creditors which shall bee so paid whether it bee by record or otherwise shall be vtterly void Sauing and reseruing to our Soueraigne Lord the King c. other then the said Frith c. all and euery their former right c. And lastly that all and euery Clause Article and thing contayned in the same Act may be construed deemed and taken to the most auaile of such as shall purchase any of the said Lands Annuities or Leases