wares c. by meanes whereof much of the Bâ—…ukrupts estate is concealed and deteined from the Creditors For cleering the said doubt Bee it Declared and Enacted by the Authority aforesaid that after such time as any person shall by the said Commissioners executing the said Commission or the greater part of them bee lawfully adjudged or declared to be a Bankrupt the said Commissioners executing such Commission shall have power and authority to examine upon Oâ—…th the wife and wives of all and every such Bankrupt for the finding out and discovery of the estate and estates goodâ—… and chattels of such Bankrupt or Bankrupts concealed secretly kept or disposed of by such wife or wives in their own persons or by their owne act or meanes or by any other person or persons And that shee and they the said wife and wives shall incur such danger and penalty for not coming before the said Commissioners or for refusing to bee sworne and examined or for not disclosing the truth upon her or their examination or 〈◊〉 as in and by the said former Lawes or â—…yther of them is already made and provided against any other Person or Peâ—…sons in like Casâ—…s And if any Bâ—…nkrupt shâ—…ll upon his or her exâ—…ination taken before the said Commâ—…ssioners be found frauduâ—…ently or deceitfâ—…lly to have conveyâ—…d awâ—…y his or her goods chattels c. to the vâ—…lue of twenty pounds or above purposely to hindâ—…r the execution of this Statute shall not upon his or her examination discover unto the said Commissioâ—…ers and if it lie in their power deliver to the said Commissioners all that estate goods and chatâ—…els so fâ—…audulently and deceitfully conveyed away shâ—…ll or may bee indicted for such fâ—…aud or abuâ—…e at the Assizeâ—… or generall Sessions c. and if upon such Indictment or Indictments the Bâ—…nkrupt bee thereof convicted hee or shee so convicted shall bee seâ—… upon the Pillory in some publick place for the space of two houres have one of his or her ears nailed to the Pillory and cut off And for that some doubt is conceived whether the CoÌ„ nâ—…ssioners in case of resistance have power by the former Lâ—…wes to breake opâ—…n or cause to bee broken open the House or Houses of suâ—…h Bankrupts c. Bee it therefore Enacted That in execution of the sâ—…id Commission it shâ—…ll bee lawfull to and for the said Commissioners or any other Person or Persons by them or the greater part of them deputed by their warrant or warrants under their hands and seales to breake open the House or Houses chambers shops warehouses c. where thâ—… said Bankrupt or any of his or her goods or estate shall be or reputed to be and to seize them and order the Body Goods and Chattels ready money and other estate of such Bankrupt as by the said formerâ—… Lawes are limited and appointed And for the better division and distribution of the Lands Tenements Hereditaments c. amongst his or her Creditors Bee it Enacted that the Commissioners or the greatest part of them shall and may examin upon Oath or by any other waies or meanes as to them shall seeme meete any Person or Persons for the finding out and discovery of the truth and certaintie of the severall debts due and owing to all such Creditor and Creditors as shall seeke reliefe by such course of Commission to bee used forth as aforesaid And that all and every Creditor and Creditors having security for his or their severall Debts by Judgement Statute Recognizance c. or having made Attachment in London or any other place by virtue of any custome there used of the goods and chattels of any such Bankrupt whereof there is no Execution or Extent served and executed upon any the Lands Tenements Hereditaments Goods Chattels and other estate of such Bankrupt before such time as hee or shee shall or doe become Bankrupt shall not bee relieved upon any such Judgement Statute Recognizance Specialty Attachment or other security for more then a reteable part of their just and due debts And bee it further Enacted That if any the Lands Tenements Goods Chattels Debts or other estate of any Bankrupt bee extended after such time as hee or shee is become a Bankrupt by any person or persons under colour or pretence of his or their being an accountant or any way indebted unto our Soveraigne his Heirs or Successors that then it shall bee lawfull to and for the said Commissioners to examine upon Oath whether the said Debt were due to such Debtor or Accomptant And if such contract was originally made it shall and may bee lawfull to and for the said Commissioners to order determine and dispose of all such Lands Tenements Hereditaments Goods Chattels and Debts so extended as aforesaid to and for the use of the Creditors which shall seeke reliefe by the said Commission And for that it often falls out that many persons before they become Bankrupt doe convey their goods to other men upon good consideration yet still doe keepe the same and are reputed the owners thereof and dispose the same as their owne Bee it Enacted That if at any time hereafter any person or persons shall become Bankrupt and at such time as they shall become Bankrupt shall by the consent and permission of the true owner and proprietarie have in their possession order and disposition any goods or chattels whereof they shall bee reputed owners and take upon them the sale alteration or disposition as owners that in every such case the said Commissioners or the greater part of them shall have power to sell and dispose the same tâ—… and for the benefit of the Creditors which shall seeke reliefe by the said Commission as fully as any other part of the estate of the Bankrupt And for the better payment of debts and discouraging meâ—… to become Bankrupts Bee it further Enacted that the said Commissioners on whom this Authority is expresly conferred or the greateâ—… number of them shall have power by virtue of this Act by Deede indented and inrolled within six monethâ—… after the making thereof in some of his Majestieâ—… Courts of Record at Westminster to grant bargain sell and convey any Manors Lands Tenements or Hereditaments whereof any Bankrupt iâ—… oâ—… shall be in any waies seized of any estate in tayle in possession reversion or remainder and whereoâ—… no reversion or remainder is c. to any person oâ—… persons for the reliefe and benefit of the Creditoâ—… of all such Bankrupts c. And bee it further Enacted That if any persoâ—… 〈◊〉 now is or hereafter shall become Bankrupt have hereâ—…fore granted conveyed or assured oâ—… shall at any time hereafter grant convey or assurâ—… anâ—… Lands Tenements Hereditaments Goods Châ—…ttels or other Estate unto any person or persons upon condition or power of redemption atâ—… day to come by payment of money or otherwise That it shall and may bee lawfull to and for thâ—… said Commissioners or
make decayed Gallants their inheritors who sing a requiem for their Soules while they set their patrimonies at sale And good women when these young Rioters have left them nothing but rags of misery they never exclaim but patiently conclude it was their destinie Againe I can see no reason why these Tradesmen should preferre any such Bill of Complaynt against these Bankrupts seeing they confesse how much in their course of Trading they have gained by them which will not only countervaile their losse but might bee an inducement to qualifie their demands Yea suppose all were true as these Tradesmen affirme and that these broken Merchants were the utter ruine of their fortunes who by getting commodities into their hand and so breaking have diverted the current of all trading Yet let these Tradesmen lay their hand on their heart aud tell mee if they have not by times cheated these Merchants Sonnes as often as they themselves were ever cheated by their Fathers All then that they can justly complain of is but a little delay or drift of time for when oportunity shal be offer'd I make little doubt but these who were once delâ—…ded and by the subtlety of these ancient Merchants circumvented will requite the Fathers policie by working on his Sons simplicitie An age then at most will make all streight amongst them so as whatsoever was injuriously hooked by the predecessors proviâ—…ence will bee as speedily retendred by the Successors weaknesse Neither have I produced all those reasons which might bee here alledged by Courtiers and State-favorites who should 〈◊〉 great prejudice by occasion of this Act. For whereas formerly Protections were usually procured to secure these decayed Merchants from arests and consequently enable them to work their owne peace employments of which nature raised no small profit to the busie Courtier there will bee now no occasion for any such employment which would drive the Courtier to a pitifull exigent Lastly for I hope I shall not neede any further to presse this Argument being with such pregnant reasons confirmed how many grave judicious and discâ—…et States men have wee in this our Iland and some in this honourable House who if they had beene â—…ip't in the head upon their first fall haâ—… never aâ—…tayned the honour to show their sufficiencâ—… in so brave an Assembly whose aymes as they were generous so were their ends glorious resembling Antaeus who so often as hee was thrownâ—… downe to the earth received fresh strength but being lifted up was soone â—…amed So they wheâ—… their Fortunes seeme most depressed meanes oâ—… advancement diverted and so many rubs to theiâ—… future hopes objected remaine so firmly resolveâ—… as they vanquished misfortune with patience and crowned their fortunes with a glorious conquest This Speech as it relished well in the Palats of some so it distasted others for some there were who muttered underneath that they smelled a Rat â—… others stick't not to say that this last Speaker had surely some affinity with a Breaker So as in conclusion to the great griefe of many true-hearted fractors as well principall Merchants as puny factors who wished your crazie profession well the last mans Speech was utterly exploded and the first approved and applauded upon which dolorous conclusion with consent of the whole House it was in expresse termes thus enacted against you For as much as daily experience sheweth That the number and multitude of Bankrupts doe encrease more and more and also the fraudes and deceits invented and practised for the avoyding frustrating and defrauding the penalties of the good Lawes in that behalfe already made and the said remedy by them provided c. Bee it enacted That all and singular the aforesaid Statutes and Lâ—…wes heretofore made against Bankrupts and for reliefe of the Creditors shall bee in all things largely and beneficially construed and â—…xpounded for the ayde helpe and relief of the Creditors or sucâ—… person or persons as already bee or hereafter shâ—…ll become bankâ—…upt And that all and every person and perâ—…ons using the trade of Merchandize by way of bargayning exchange bartering 〈◊〉 c or shall use the trade or profession of a Scrivener receiving other mens monies or â—…states into his trust or custody who at â—…ny time after the end of this presenâ—… Session of Parliament shall either by himselfe oâ—… others by his procâ—…ement obtaine any Protectioâ—… or Protections other then such person or personâ—… as shâ—…ll bee lâ—…wfully protected by the priviledge oâ—… Parliament c. thereby desiring or endeavorinâ—… to compell or enforce them or any of them to ac cept lesse then â—…heir just and principall debts or 〈◊〉 procure time or loâ—…ger dayes of payment then wâ—… given at the time of their original contract or beiâ—… indebted to any person or persons in the sum of oâ—… hundred pounds or more shall not pay or otheâ—… wise compound for the same within six monetâ—… next after the same shall grow due and the Debtâ—… be arested for the same c. or being arested foâ—… debt shall afâ—…er his or her arest lie in prison tâ—… moneths or more upon that or any other arest 〈◊〉 detention in Prison for debt c. or procure 〈◊〉 enlargement by putting in common or hired Bayâ—… shall bee accounted and adjudged a Bankrupt to all intents and purposes Bee 〈◊〉 further Enacted that the like Commissions Oâ—…ders Benefits Provisions and Remedies which are and bee provided and limited by the said former Acts of Parliaments made 13 Eliz. 1 Jac. concerning his her or their Lands Tenements Hereditaments c. shall and may bee had pursued taken and expounded against such person and peâ—…sons as are herein and hereby declared described or expressed to bee Bankrupts and against his her and their lands tenements hereditaments c. And bee it further enacted by the Authority aforesaid That the same orders benefits and remedies which are and be provided and limited by this present Act agâ—…inst any Bankrupts or for or concerning his her or their lands tenements hereditaments c. or the discovery of them or any of them shall from henceforth bee had pursued taken and expounded against such Person and Persons as are declared or expressed to bee Bankrupts by the said former Acts of Parliaments or either â—…f them and against his her and their Lands Tenements Hereditaments c in such manner and forme as the same ought and might have beene if the persons in the said former Statutes or eyther of them described to be Bankrupts had beene mentioned and described to be Bankrupts in and by this present Act. And whereas by the former Laws and Provisions ordaâ—…ned the Commissioners appointed have limited power to examine the Bankrupt himselfe c. Bâ—… some doubt hath beene made whether their poweâ—… did extend to examine the wives of the 〈◊〉 touching the same by reason whereof the Bankruptâ—… wives doe daily conceale and convey away and cause to bee conveyed much part of their huâ—…bands monies
the greater part of them before the time of the performance of such conditions to assigne and appoint under their hands and seales such person or persons as they shall think fit to make tender or payment of money or other performance according to the nature of such condition as fully as the Bankrupt might have done c. At the end of which Act these two provisions were thought fit to bee annexed Provided further That no Purchasor for good and valuable consideration shall bee impeached by virtue of this Act or any Act heretofore made against Bankrupts unlesse the Commission to prove him or her a Bankrupt be sued forth against such Bankrupt within five yeers after hee or they shall become Bankrupt Provided further And bee it enacted by the Authority aforesaid That this Act and all other Acts of Parliament heretofore made against Bankrupts shall extend to strangers borne as well A iens as Denizens as effectually as to the natural born Subjects both to make them subject to the Lawes as Bankrupts as also to make them capable of the benefit of contribution as Creditors by those Lawes Excuse me now my ancient and familiar friends in that I have longer insisted upon the verball repetition of all materiall points and branches of this Statute for I am not ignorant how much the review and perusall thereof concerns you but fearing lest the length hereof might beget in you a kind of wearinesse having your heads at this time working about affayres of high consequence I have here reduced all those particulars to one abstract punctually comprehending the substance of every branch contained in this Act. First all such Laws and Statutes as were heretofore made against Bankrupts and for reliefe of Creditors are for the better reliefe and redresse of the said Creditors largely and beneficially construed and expounded Secondly the qualitie nature and condition of a Bankrupt is in his colours lively described displayed and discovered Thirdly the like Commissions Orders Benefits and Remedies which are and bee provided limited by the said former Acts of Parliament made 13 Eliz. and 1 Jac. against any Bankrupts shall bee prosecuted and expounded against such Bankrupts as by their especiall personall marks are herein declared or expressed Fourthly the same orders benefits and remedies which are by this present Act provided and limited against any Bankrupt shall henceforth be pursued expounded against such person and persons as by the said former Acts of Parliaments are declared or expressed to bee Bankrupts Fiftly the Commissioners power is illustrated a doubt touching examination of Bankrupts wives cleered and the penalties whereto refractory women are incident in cases of denying or refusing to be examined fully expressed Sixtly what publick punishment shall be on such men or women inflicted as upon examination shall be either found to have concealed the truth or conveyed such estates as were theirs or to them upon trust recommended Seventhly the Commissioners authority is inlarged and to the breaking open of the Bankrupts house warehouse chamber shop chest or trunck authorized Eighthly there is a course proposed how division and distribution of the Bankrupts Lands and Goods to the reliefe of the Creditor shall be disposed and how to every one a ratable part is to be apportioned Ninthly if any Lands Tenements Goods Chattels Debts or other estate of any Bankrupt chance to be extended under colour or pretence of being accomptant or any way indebted to our Soveraigne Lord his heirs or successors the said Commissioners are to examine upon Oath whether the said Debt were due to the said debtor or accomptant And if such bargaine or contract was originally made the said Commissioners are to order and dispose of all such Lands c. so extended to the sole use of the Creditors who seeke reliefe by the said Commission and to whose behoofe they are to bee converted Tenthly if any Bankrupt shall with the consent and permission of the true owner and proprietarie have in their possession any goods or chattels whereof they shall bee reputed owners they shall be by the Commissioners power lawfully disposed and to the Creditors reliefe converted that Debts may be better discharged and Bankrupts hereafter discouraged Eleventhly the time when this authority or power should be to these Commissioners granted in what manner exhibited and in what particulars extended Lastly if any Banâ—… rupt shall convey his estate to any person upoâ—… condition or power of redemption the Commissioners or the greater part of them before the timâ—… of performance of such condition may make tender or payment of money or other performance according to the nature of such condition as fully as the Bankrupt in his owne proper person migâ—… have done Which Condition so performed the said Lands may by the Commissioners bee sold aliened and disposed to the benefit and reliefe of the Creditor for whose redresse this Statute was Enacted For these two provisions annexed they aâ—… to you no lesse prejudiciall then to the Creditor usefull Now my Broken-Brethren these twelve branches which arise from this one and only Statutâ—… must bee the twelve men which you are to bee tryâ—… by Guilty prit God send you good deliverancâ—… I assure mee there is not one branch of all these which you could not finde in your Conscience to breake but the feare of the Pillory makes your Conscience more queasie It resteth then that wee propose certaine cautions or directions whereby the force or virtue of this Act may be frustrated and diverted your credulous creditors delâ—…ded and yoâ—… from future danger secured These remedies receits or deceits rather for prevention are three Antidating Insinuating and Adopting Antidating of yonr couveyance or State-charter Insinuating with some eminent Commissioner Adopting some gracefull Courtier to bee your Heire or Successor For the first it is dangerous to your person if you be discovered you must walke therefore in the clouds and hardly trust your owne brest with this secret yet you may recommend it safely to the fidelity of your Scrivener for both his eares he dare not be your discoverer you must therefore discourse your thoughts in silenâ—… be close brested to your wives lest they give iutelligence For I would have you my shaken brethren of all others to bee wondrous wary that none of you make your wife your Secretary for if she know it your Foreman is sure to be partaker of it so as while you make a shift to convey a part they take course to contract together for the whole Those men who as Cosmo saith carry their heart in their mouth are more to bee pitied then feared bee you none of these pitifull things cast your selves rather in Tiberius mold who gloried in nothing so much as in cunningly cloaking his purposes with faire pretences going invisible and deluding his Subjects opinions with a seeming good None can bee open and wise avoid then the former that you may thrive by the latter Hee that will make gaine