by the former Laws and Provisions ordained the Commissioners appointed have limited power to examine the Bankrupt himselfe c. But â—â—me doubt hath beene made whether their power d d exâ—end to examine the wives of the Bankrupts coâ— hâ—â—g the same by reason whereof the Bankrupts 〈◊〉 doe daily conceale and convey away and â—ause to bee conveyed much part of their husbands monies wa es c. by meanes whereof much of the B nkrupts estate is concealed and deteined fâ—â—m 〈◊〉 Creditors For cleering the said doubt 〈◊〉 it Declared and Enacted by the Authority aâ—â—â—esaid that after such time as any person shallby 〈…〉 Commissioners executing the said Commission or â—he greater part of them bee lawfully 〈◊〉 or declared to be a Bankrupt the said â—â—mmissioners executing such Commission shall 〈◊〉 power and authority to examine upon Oath 〈…〉 â—â—fe and wives of all and every such Bankrupt for the finding out * 〈…〉 â—e this 〈…〉 and discovery of the estate and estates goods and chattels of such Bankrupt or Bankrupts â—â—ncealed secretly kept or disposed of by such 〈◊〉 or wives in their own persons or by their â—wne act or meanes or by any other person or perâ—â—â—s And that shee and they the said wife and w ves shall incur such danger and penalty for not c ming before the said Commissioners or for refusing to bee sworne and examined or for not disclosing the truth upon her or their examination or eâ—â—minations as in and by the said former Lawes or eyther of them is already made and provided against any other Person or Persons in like Cases And if any Bankrupt shall upon his or her exâ—mination taken before the said Comm ssioners be found fraudulently or deceitfully to have conveyed away his or her goods chattels c. to the value of twenty pounds or above purposely to hinder 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 chattels so fraudulently and deceitfully conveyed away shall or may bee indicted for such fraud or abuse at the Assizes or generall Sessions c. and if upon such Indictment or Indictments the Bankrupt bee thereof convicted hee or shee so convicted shall bee set upon the Pillory * Mark this my sorowfull Sisters woâ—ull wives to the br k n rater 〈◊〉 be not careâ—â—ssâ— o◠〈…〉 lâ—st ye become a 〈◊〉 spectacle oâ— the publick 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„missioners in case of resistance have power by the former Lawes to breake opâ—n or cause to bee broken open the House or Houses of such Bankrupts c. Bee it therefore Enacted That in execution of the said Commission it shall 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 the said Bankrupt or any of his or her goods or estate shall be or reputed to be and to seizâ— them and order the Body Goods and Chattels ready money and other estate of such Bankrupt as by the said former 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 Oâ—th 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 sued forth as aforesaid And that all and every Creditor and Creditors having security for his or their severall Debts by Judgment 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 H reditaments Goods Chattels and other estate of such Bankrupt before such time as hee or shee shall or doe become Bankrupt shâ—ll not bee relieved upon any such Judgement Statute Recognizance Specialty Attachment or other security for more then a rateable 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 of 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 Bankâ—upt 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 to 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 men to become Bankrupts Bee it further Enacted that the said Commissioners on whom this Authority is expresly conferred or the greater number of them shall have power by virtue of this Act by Deede indented and inrolled within six moneths after the making thereof in some of his Majesties Courts of Record at Westminster to grant bargain sell and convey any Manors Lands Tenements or Hereditaments whereof any Bankrupt is 〈◊〉 shall be in any waies seized of any estate in tayle in possession reversion or remainder and whereof no reversion or remainder is c. to any person or
set their patrimonies at sale And good women when these young Rioters have left them no hing but ragâ— 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 Merchâ—nts were the utter ruine of their fortunes who â—y getting commodities into their hand and so bâ—eaking have diverted the current of all trading Yet let these Tradesmen lay their hand on their heart and tell mee if they have not by times cheated these Merchants Sonnes as often as thâ—y themselves were ever cheated by their Fathers All then that they can justly complain of is but a little delay of drift of time for when oportunity shal be offer'd I make little doubt but these who were once deluded 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 stâ—eight amongst them so as whatsoever was injuriously hooked by the predecessors proviâ—ence will bee as speedily retendred by the Successâ—rs wâ—â—knesse Neither have I produced all those reasons which might bee here alledged by Courtiers and State-favorites who should incur great prejudice by occasion of this Act. For whereas formerly Protections were usually procured to secure these decayed Merchants from a rests 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 confi med how many grave judicious and discreet States men have wee in this our Iland and some in this honourable House who if they had beene nip't in the head upon their first fall had never attayned the honour to sh w their sufficiency in so brave an Assembly whose aymes as they were generous so were their ends glorious resembling Antaeus who so often as hee was throwne downe to the earth received fresh strength but being liftâ—d up was soone tamed So they when their Foâ—tunes seeme most depressed meanes of advanâ—ement diverted and so many rubs to their future hopes objected remâ—ine so firmly Resolved as they vanquished misfortune with patience aâ— crowned their fortunes with a glorious coâ—qâ—â— This Speech as it relished well in the Pa◠〈…〉 some so it distasted others for some there 〈◊〉 who muttered underneath that they smelled a Rat 〈…〉 others stick't not to say that this last Speaker had surely some affinity with a Breaker * Some said tha◠〈◊〉 Speech might not un◠〈…〉 compared to that 〈…〉 Paradox writ aga n◠〈…〉 bâ—ry or to him who confidentâ—â— maintayned this ha 〈…〉 argument that Haâ—â— was more couragious creatuâ—◠〈◊〉 a Lion or ratheâ— to 〈◊〉 merry Greeke who h◠〈◊〉 desperate assertion 〈◊〉 was more behoo e◠〈…〉 Virtue in a Stat p 〈…〉 Or to him who Maâ—iâ—s 〈◊〉 bombasted his Stockâ—â—â—â—bide the infirmity of his smal Legs 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 expreâ—â—e termes thus enacted against you For as much as daily experience sheweth That the number and multitude of Bankâ—upts 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 saâ—d remedy by them provided c. Bee it enacted That all and singular the aforesaid Statutes and Lawes 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 such person or persons as already bee or hereafter shall become bankrupt And that all and every person and persons using the trade of Merchandize by way of bargayning exchange bartering chevesance c. or shall use the trade or profession of a * Look to your Eares Scrivener Scrivener receiving other mens monies or estates into his trust or custody who at any time after the end of this present Session of Parliament shall either by himselfe or others by his procurement obtaine any Protection or Protections other then such person or persons as shall bee lawfully protected by the priviledge of Parliament c. thereby desiring or endeavoring to compell or enforce them or any of them to accept lesse then their just and principall debts or to procure time or loâ—ger dayes of payment then was given at the time of their original contract or being indebted to any person or persons in the sum of one hundred pounds or more shall not pay or otherwise compound for the same within six moneths next after the same shall grow due and the Debtor be arested for the same c. or being arested for debt shall after his or her arest lie in prison two moneths or more upon that or any other arest or detention in Prison for debt c. or procure his enlargement by putting in common or hired Bayle shall bee accounted and adjudged a Bankrupt to all intents and purposes Bee it further Enacted that the like Commissions O 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 persons 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 against 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 of 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
pâ—rsons for the reliefe and benefit of the Creditors of all such Bankrupts c. And bee it further Enacted That if any person 〈◊〉 now is or hereafter shall become Bankrupt hav heretâ—fore gâ—anted conveyed or assured or shâ—ll at any time hereafter grant convey or assure any Lands Tenements Hereditaments Goods Chattels or other Estate unto any person or persons upon condition or power of redemption at a day to come by payment of money or otherwise That it shall and may bee lawfull to and for the said Commissioners or 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 Bankâ—upt 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 thâ—s 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 shâ—â—l be by the Commissioners power lawfully disposed and to the Creditors reliefe converted that Debt may be better discharged and Bâ—nkâ—upts heâ—â—after discouraged Eleventhly the 〈◊〉 when this authority or power should be to 〈◊〉 Comm ssioners granted in what manner â—â—â—â—bited and iâ— what particulars extended Lastly if any Bankrupt shall convey his estate to any person upon condition or power of redemption the Commissioners or the greater part of them before the time 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 might 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 are to you no lesse prejudiciall then to the Creditor usefull Now my Broken-Brethren these twelve branches which arise from this one and only Statute must bee the twelve men which you are to bee tryed by Guilty prit God send you good deliverance 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 deluded and you from future danger secured These remedies receits or deceits rather for prevention are three Antidating Insinuating and Adopting Antidating of your conveyance 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 silence * Otium somnuÌ„ loqui Tacit. be close brested to your wives lest they give intelligence 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
such Ape But it can City-fashions imitate Yea we have nimble Monkeys of all sort Can personate both City and the Court Which neere resemblance that it may appeare Give eare to my discourse and you shall heare First we have Lords and Ladies very many As proud and hautie as the Court has any There 's not a fashion knowne but it comes downe For such as these have Taylors in the Towne By whose intelligence they are informed What 's new which they observe hows'ere deformed Being thus attyr'd they 're presently addrest To shew their bravery at some Gossips feast Where many Country gentlewomen are Who by observance take especiall care What these great Persons weare for they intend To be in fashion ere the sennet end Which if their frugal Husbands but deny They hope by putting finger in the eye To get their purpose for they little stand Whether new fashions make them sell their Land Which our May-morish Wenches likewise follow Who thinke they beare awâ—y the fashion hollow Nor doe these onely imitate the Court In sumptuous habit and are beggard for 't But forasmuch as they in Court doe see No great respect of hospitalitie They hold it providence to shut up door No matter though they famish all the poor Or that they may their private waste maintaine Both Lords and Knights doe table with their men Here you shall see a Farmers doore barrd up Where th' poor may cry but is from almes shut His cryes his teares can no compassion force For th'more he beggs he ever fares the worse What boots it though his Barnes and Garnars be Stor'd with all fruits yet he pleads povertie His aymes are how to get and if he can To make his Mushram impe a gentleman Besides all this I would be very loth That Court or City either of them both Should shew more art in any Contract making Then we can doe for all their undertaking Yea I my selfe can of my selfe aver I know no griping-grinding Usurer Whose practise is oppression but I 'le vye With him or any one under the skye For Courtiers no such businesse intend They onely borrow Usurers doe lend But shew me that Man at a full Exchange Be he home borne or to our Country strange Whose long profession give the man his dew Has a seer'd Conscience worse then any Jew And I will cope with him in his profession Be it Church-simâ—me or State-opression For this my practise is the whole yeare thorow When any come to me in hope to borrow First to examine his necessitie As Wants he Bread to feed his familie Or is his Living gag't and day at hand He either must redeeme or lose his Land Or is he in suâ—h bondage as his griâ—fe Requires without delay present reliefe I 'le hold his Nose to Grindstone and so use him He shall doe what I please or let him chuse him Statutes on Statutes forthwith so pursue him As like Actaeons hounds they still doe view him So that unlesse he hye him all the faster They wiâ—l in time devoure their breathlesse master For Conscience haggard-like I doe disclaime her Since He that has her seldome proves a gainer Two bags I have the one whereof I call Just All the World and it holds nought at all The other Bag with which I use to lend Money to those that want I call my Friend Whereof I make this use if any come Requesting me to lend them such a summe If th' offers they propound content not me As want of panne or good securitie I presently reply to these who crave In All the world I not one pennie have But if such come as I may profit by them Be 't the same instant I will not deny them For though I have no Coyne as I pretend To give them all content I 'le use my Friend After this manner am I wont to deale In all my practise with the Commonweale Now you shall heare how cunningly I lurch By Simonie the Pastor of the Church Impropriations have I one or two With some Advousons which I thus bestow Least any of my profits should be lost I hold them best deserving who give most These I induct for I doe value them Well worthie th' place who are well-monied men But least some censure should on me befall By being found thus Simoniacall Whereby the Princes priviledge might choose one To take the benefit of my Advouson That I more smoothly may delude the State I in my sale use to Equivocate As for example I doe take a course To sell the Parson whom I choose a Horse A Librarie of Bookes to furnish him Because he wants Books when he enters in And these I rate to him at such a price As serves for Horse Books and for Benefice Now who can say that I doe sell this Living Whose bounteous hand is so inclin'd to giving Tell me what Great one makes them fairer play To give both Bookes and Benefice away No No the most of all our Clerks will sweare Though th' Benefice be cheape th' Addition's deare But let them looke to this before they enter I make no conscience of it Caveat Emptor Yea I doe hold these kinds of Sale as good If they be well and duely understood As to make tender of them for ones life Provided that he take her for his Wife Whom they shall chuse which voluntary offer Makes me suspect her Master has made proffer Of some familiar curt'sie long before I count him mad will for a living bore But if he must let him be his owne Carver Who chuseth not his Wife doth ill deserve her She 's his impropriation which through hate Unto his person might ingraffe his pate Whence in his Parish would abroad be knowne He had a Common-place Booke of his owne But let these Contracts passe they 'r knowne enough Both in the Church and in the Country through I 'le now descend to shew what fierie spirit Our native Country people doe inherit Which I perswade me will seeme strange to all Because wee seeme as if we had no gall But we doe scorne that any place should bee More malapertly factious then wee For when I was a Tennant I doe know Though I 'm no Tennant but a Landlord now I would commence a suite upon my Lord Because I knew the Law for any word In which Commencement many flockt together Like Birds all of one brood and of one fether Who with joynt Combination made a purse To put their seame-rent Landlord to the worse Yea I have knowne so insolent a Nation As when they heard the Princes Proclamation Tend to th' extinguishment of Tennant right They in a braving manner set it light Affronting their weake Landlords at their gate Vowing they 'd force them to confirme their state Nor be their haughtie Lords lesse domineering Puff'd up with present hope of a next Hearing For now am I a Landlord and must sharke For Priest forgets that ever he was Clarke As others doe by raising Fine