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virtue_n act_n authority_n enact_v 904 5 10.1864 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A29235 The honest ghost, or, A voice from the vault Brathwaite, Richard, 1588?-1673. 1658 (1658) Wing B4267; ESTC R30243 148,269 338

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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 Ban●… rupt shall convey his estate to any person upo●… condition or power of redemption the Commissioners or the greater part of them before the tim●… 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 mig●… 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 a●… to you no lesse prejudiciall then to the Creditor usefull Now my Broken-Brethren these twelve branches which arise from this one and only Statut●… must bee the twelve men which you are to bee try●… by Guilty prit God send you good deliveranc●… 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 del●…ded and yo●… 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 silen●… 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