to be yielded or paid therefore and that upon every such agreement or composition the said Lords for the time being at the next Court to be holden at or for the said Mannors shall not only grant unto the said Vendee or Vendees upon request the same Copy or Customary Lands or Tenements by Copy of Court Roll of the same Mannors for such estate or interest as to them shall be sold and reserving the antient Rents Customes and Services but also in the same Court admit them Tenants of the same Copy or Customary Lands as other Copyholders of the same Mannors have been wont to be admitted and to receive their fealty accordingly Provided always and be it enacted by the Authority aforesaid That such of the said Commissioners as shall put the said Commission in execution shall upon lawful request to them made by the said Bankrupt not only make a true declaration to the same Bankrupts of the imploying and bestowing of their said Lands Tenements Offices fees Goods Chattels and debts so payed and satisfied to their said Creditors but also make payment of the overplus of the same if any such shall be to the said Bankrupts their Executors Administrators or Assigns And be it further enacted by the Authority aforesaid that if after any such act or offence committed and complaint thereof made to the said Commissioners so to be appointed as is aforesaid or the more part of them by any party grieved as is aforesaid concerning the premisses knowing supposing or suspecting any of the goods chattels wares merchandizes or debts of such offender or offenders debtor or debtors to be in custody use occupying keeping or possession of any person or persons or any person or persons to be indebted to any such offender or offenders do make relation thereof to the said Commissioners so to be appointed or the more part of them that then the said Commissioners or the most part of them shall by vertue hereof and of the said Commission have full power and authority to send for and call before them by such Process ways or means as they shall think convenient by their discretions all and every such person and persons so known suspected or supposed to have any such goods chattels wares merchandizes or debts in his or their custody use occupation keeping or possession or supposed or suspected to be indebted to such offender or offenders and upon their appearance to examine them and every of them as well by their Oaths as otherwise by such ways and means as the said Commissioners or the more part of them by their discretions shall think meet and convenient for and upon the specialty certainty true declaration and knowledge of all and singular such goods chattels wares merchandizes and debts of any such offender or offenders as be supposed or suspected to be in his or their custody use occupation or possession and all such debts as by them or any of them shall be supposed or suspected to be owing to any such offender or offenders And if any such person or persons upon such examination do not disclose and plainly declare and shew the whole truth of such things as he or they shall be examined of concerning the premisses to his knowledge or do deny to swear then every such person or persons so denying to swear or being examined do not declare the plain and whole truth concerning the premisses upon due proof thereof to be made before the said Commissioners or the more part of them so to be appointed as is aforesaid by witness examination or otherwise as to the said Commissioners or the more part of them shall seem sufficient in that behalf shall lose and forfeit double the value of all such goods chattels wares merchandizes debts by them or any of them so concealed and not wholly and plainly declared and shewed which forfeiture shall be levied by the said Commissioners or the more part of them of the Lands Tenements Hereditaments goods and chattels of such person so denying to swear or not disclosing the whole truth as is aforesaid by such ways and means and in such manner and form as is before limited and appointed for the principal offender or offenders debtor or debtors and the same forfeiture or forfeitures to be distributed or imployed to and for the satisfaction and payments of the debts of the said creditor or creditors in such like manner rate and form as is above declared concerning the ordering of the lands and tenements offices fees goods and chattels of such offender or offenders debtor or debtors as is aforesaid And â—e it further enacted That if at any time before or after that any such person or persons departeth the Realm or shall keep his or their House or Houses or otherwise absent him or themselves or take sanctuary or suffer him or themselves to be arrested outlawd or yield his or their bodies to prison as is aforesaid any person or persons do fraudulently by covin or collusion claim demand recover possess or detain any debts duties goods chattels lands or tenements by writing trust or otherwise which were or shall be due belonging or appertaining to any such offender or offenders other than such as he or they can and do prove to be due by right and conscience in form aforesaid for money payed wares delivered or other just consideration or cause reasonable to the just value thereof before the said Commissioners so to be appointed or the more part of them as is aforesaid and the same to proceed bona fide without fraud or coâ—vin that then every such person or persons so craftily demanding claiming having possessing or detaining any such debt duty or other thing as is aforesaid shall forfeit and lose double as much as he or they shall so claim demand detain or possess which said forfeiture shall â—e levied â—ecovered and imployed in manner and form as is afore rehearsed Provided also and be it enacted by Authority aforesaid that if it shall fortune the creditors of any such Bankrupt as is aforesaid to be satisfied and paid of their debts and duties of or with the proper lands tenements goods chattels and debts of the said Bankrupts or of or with the same and some part of the forfeitures of the said double values to be forfeited as is aforesaid and that there shall remain an overplus of the said forfeitures of the said double values that then the one moiety of the said overplus of the said forfeitures of the double values so remaining shall be by the said Commissioners so executing the said Commission within convenient time after the levying thereof paid unto the Queens Majesty her Heirs and Successors and the other moiety thereof shall be by the said Commissioners employed and distributed to and amongst the poor within the Hospitals in every City Town or County where any such Bankrupt shall happen to be Any thing in this Act to the contrary thereof not withstanding And be it further enacted by
Authority aforesaid that if any such person or persons which is or shall be indebted do of purpose withdraw him or themselves out or from his or their usual mansion house or houses that then upon complaint thereof made to the said Commissioners having authority as is aforesaid the same Commissioners or the more part of them shall by vertue and authority of this present Act have full power and authority to award five Proclamations to be made in the Queens name upon five sundry Market dayes in such places near the place where such Bankrupt hath most commonly dwelled or made his abode commanding him or them by the same Proclamations in the Queens name to return with all convenient speed and to yeeld his or their bodies before the said Commissioners having authority as is aforesaid or one of them at such time and place as by the said Proclamation shall be appointed and if the said person be not according to such Proclamation repair and yield his or their body as is aforesaid that then the body of all and every such offender or offenders shall be adjudged taken and deemed to all intents and purposes out of the Queens protection and that also every person and persons that shall willingly and wittingly help to hide or convey or shall wittingly and willingly receive detain or keep secretly any person or persons so demanded by Proclamation as is aforesaid shall suffer such pains by imprisonment of his or their bodies or to pay such fine to our Sovereign Lady the Queens Majesty her Heirs and Successors as to the said Lord Chancellor or Lord Keeper of the great Seal being informed thereof by the Commissioners so to be appointed as is aforesaid or the more part of them shall seem meet and convenient for their said offence or offences Provided always and be it further enacted that if the Creditors of any such offender or offenders debtor or debtors which so do depart the Realm keep his or their house or houses or otherwise absent or withdraw him or themselves into places unknown or take Sanctuary or will suffer him-or themselves to be arrested or outlawed or yield his or their bodies into prison purposely and for the causes aforesaid be not fully satisfied or otherwise contented for their debts and duties by the way and means before specified and declared that then the said Creditor or Creditors and every of them shall and may have their remedy for the recovery and levying of the residue of their said debts or duties whereof they shall not be fully satisfied payd or otherwise contented in form aforesaid against the said offender or offenders in like manner and form as they should and might have had before the making of this Act. And that the said creditor or creditors and every of them shall be only barred and excluded by vertue of this Act of and for every such part and portion of the said debts and duties as shall be paid satisfied distributed or delivered unto him or them by order of the said persons as is aforesaid and of no more portion or parcel thereof Any thing herein specified that may be taken or construed to the contrary notwithstanding Provided always and be it also enacted by authority aforesaid that if any person or persons which is or shall be published and declared to be a Bankrupt by vertue of this Act shall at any time after purchase any lands tenements hereditaments free or copy offices fees goods or chattels or that any lands tenements hereditaments free or copy offices fees goods or chattels shall descend revert or by any means come to any such person or persons being Bankrupts as is aforesaid before such time as their debts due to their creditors shall be fully satisfied and payed or otherwise agreed for that then the said lands tenements hereditaments as well free as copy offices fees goods and chattels shall by vertue of this Act be by the said Commissioners to be appointed as is aforesaid or the more part of them be bargained sold extended delivered and used for and towards the payment of the said creditors in such like manner and form as other the lands tenements hereditaments free or copy offices fees goods and chattels of the said Bankrupts which they had when they were first declared to be Bankrupts should or might have been bargained sold disposed or used by vertue of this Act. Provided alwayes that this Act shall not extend to any lands tenements or hereditaments free or copy-hold which heretofore have been assured by any such Bankrupt or hereafter shall be assured by any Bankrupt before he become Bankrupt so always that such assurance be made bona fide and not to the use of the Bankrupt himself only or of his heirs and that the parties to whose use such assurance hath or shall be made be not at or before the making of such assurance privy or consenting to the fraudulent purpose of any such Bankrupt to deceive his Creditors 1 Jac. 15. 21. Jac. 15. 1 Jacob. Chap. 15. An Exposition and addition to the Statutes of Bankrupts made 13 Eliz. 7. FOr that fraud and deceits as new diseases dayly increase amongst such as live by buying and selling to the hindrance of traffick and mutual commerce and to the general hurt of the Realm by such as wickedly and wilfully become Bankrupts And for that the description of a Bankrupt in former Statutes is not so fully expressed nor the power given thereby to the Commissioners for Bankrupts so large as is meet in such cases of deceit to prevent the deceitful actions of Bankrupts For remedy whereof Be it therefore enacted by our Sovereign Lord the King and by the Lords Spiritual and Temporal and the Commons at this present Parliament assembled and by the authority of the same That all and every such person and persons using or that shall use the trade of Merchandize by way of bargaining exchange bartrie chevisance or otherwise in gross or by retail or seeking his her or their trade of living by buying and selling and being a Subject born of this Realm or any the Kings Dominions or Denizen who at any time sithence the first day of this present Parliament or at any time hereafter shall depart the Realm or begin to keep his or her house or houses or otherwise to absent him or her self or take Sanctuary or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for money delivered wares sold or any other just or lawful cause or good consideration or purposes or hath or will suffer him or her self to be outlawed or yield him or her self to prison or willingly or fraudulently hath or shall procure him or her self to be arrested or his or her goods money or chattels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent grant or conveyance of his her or their Lands Tenements goods or chattels to
convicted he or shee so convicted shall be set upon the Pillory in some publick place for the space of two hours and have one of his or her ears nailed to the Pillory and cut off And for that some doubt is conceived whether the Commissioners in case of resistance have power by the former Laws to break open or cause to be broken open the House or Houses of such Bankrupts which if they have not the remedies by the former Laws given will be to little effect Be it therefore enacted That in the execution of the said Commission it shall be lawful to and for the said Commissioners or the greater part of them or any other person or persons Officer or Officers by them or the greater part of them to be deputed and appointed by their Warrant or Warrants under their hands and seals to break open the House or Houses Chambers Shops Warehouses Doors Trunks or Chests of the said Bankrupt where the said Bankrupt or any of his or her Goods or Estate shall be or reputed to be and to seize upon and order the body Goods Chattels ready Money and other estate of such Bankrupt as by the said former Laws are limited and appointed whether it be by imprisonment of his or her body or otherwise as to the said Commissioners or the greater part of them shall be thought meet And for the better division and distribution of the Lands Tenements Hereditaments Goods Chattels and other Estate of such Bankrupts to and amongst his or her Creditors Be it enacted that the Commissioners or the greatest part of them shall and may examine upon oath or by any other ways or means as to them shall seem meet any person or persons for the finding out and discovery of the truth and certainty of the several debts due and owing to all such Creditor and Creditors as shall seek relief by such course or Commission to be sued forth as aforesaid And that all and every Creditor Creditors having security for his or their several Debts by Iudgment Statute Recognizance Specialty with penalty or without penalty or other security or having no security or having made Attachment in London or any other place by vertue 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 he or she shall or do become Bankrupt shall not be relieved upon any such Iudgment Statute Recognizance Specialty Attachments or other security for any or more than a ratable part of their just and due debts with the other Creditors of the said Bankrupt without respect to any such penalty or greater sum contained in any such Iudgment Statute Recognizance Specialty with Penalty Attachment or other Security And be it further enacted that if it shall happen any the Lands Tenements Goods Chattels Debts or other estate of any Bankrupt to be extended after such time as he or she is become a Bankrupt by any person or persons under colour or pretence of his or their being an Accomptant or any way indebted unto our Sovereign Lord the Kings Majesty his Heirs or Successors that then it shall be lawful to and for the said Commissioners to examine upon oath whether the said Debt were due to such Debtor or Accomptant upon any bargain or contract originally made betwixt such Accomptant and the said Bankrupt the said Debtor or Accomptant and his or their servants And if such bargain or contract was originally made to and with any other person or persons than the said Debtor or Accomptant or for the use and trust of any other person or persons than it shall and may be lawful to and for the said Commissioners or the greater part of them to order 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 seek relief by the said Commission And that the order and disposition of the said Commissioners or the greater part of them shall be good and available a gainst the said extent and against all persons claiming from by or under the said extent And that such person or persons to whom the said Lands Tenements Goods and Chattels so extended shall be bargained sold granted or assigned by the Commissioners aforesaid or the greater part of them shall have good remedy to have demand and recover the same against such person and persons who shall detain the same And for that it often falls out that many persons before they become Bankrupts do convey their Goods to other men upon good consideration yet still do keep the same and are reputed the owners thereof and dispose the same as their own Be it enacted that if at any time hereafter any person or persons shall become Bankrupt and at such time as they shall so becōme Bankrupt shall by the consent and permission of the true owner and proprietary have in their possession order and disposition any Goods or Chattels whereof they shall be 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 seek relief 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 Be it further enacted that the said Commissioners or the greater number of them shall have power by vertue of this Act by deed indented and enrolled within six months after the making thereof in some of his Majesties Court of Record at Westminster to grant bargain sell and convey any Mannors Lands Tenements or Hereditaments whereof any Bankrupt is or shall be in any ways seized of any estate in tail in possession reversion or remainder and whereof no reversion or remainder is or shall be in the Kings Majesty his Heirs or Successors of the gift or provision of his Majesty his Progenitors his Heirs or Successors to any person or persons for the relief and benefit of the Creditors of all such Bankrupts and that all every such grants bargains sales and conveyances shall be good and available in the Law to such person or persons and their heirs against the said Bankrupts and against all and every the Issues of the body of such Bankrupts and against all and every person and persons claiming any estate right title or interest by from or under the said Bankrupts after such time as such person shall become Bankrupt and against all and every other person and persons whatsoever whom the said Bankrupt by common recovery or other ways or means might cut off or debar from any remainder reversion rent profit title or possibility into or out of any the said Mannors
the Law will not trust him with the distribution of his Goods vide Coke lib. 2. 26. a. Case of Bankrupts 29. Secondly more Particularly In particular the Bankrupts are to be proceeded against by Persons immediately authorized by Act of Parliament or mediately Touching the Bankrupts Person the persons immediately authorized are set forth by 34 H. 8. cap. 4. to be the Lord Chancellor or Lord Keeper for the time being Lord President Lord Privy-Seal oâ— other of the Kings most Honourable Privy-Counsel and the Chief Justice of either Bench for the time being or three of them at the least whereof the Lord Chancellor or Keeper of the Great Seal Lord Treasurer Lord President or the Lord Privy-Seal to be one who upon every complaint made to them in writing by any parties grieved shall have power and authority by vertue of the said Act to take by their wisdom and discretion such orders and directions as well with the bodies of the said offendors wheresoever they may be had as well in their houses as else where by imprisonment of their Bodies or otherwise as also with their Lands Tenements c. which they have in Fee-simple Fee-tail for term of life term of years or in the right of their wives as much as the interest Right and Title of the same offenders shall extend to or be and may then lawfully be departed with by the said offendors and also with their moneys goods chattels wares merchandises and debts wheresoever they may be found or known c. 34 H. 8. cap. 4. 30. So that the power given by the said Statute relates either to the person or estate of the Bankrupt First as to his person viz. If the offender doth withdraw out of the Kings Dominions to defraud his Creditors upon complaint thereof made in writing to the said Lords having authority as aforesaid they shall by vertue of the said Act have power to award Proclamations to be made in such places as to them shall be thought meet and convenient commanding by the same such offendor in the Kings name to return with all convenient speed into this Realm and to yield his body before the said Lords or one of them And if the said person within three months after he shall have notice of such Proclamation or so soon after as he conveniently may do not repair and yield his body as aforesaid That then the body of all and every such offender and offenders shall be adjudged taken and deemed to all intents and purposes out of the Kings protection and his Goods Chattels Lands Tenements and Debts shall be by the order and discretion of the said Lords employed and distributed amongst the offenders Creditors equally c. 34 H. 8. cap 4. 31. Secondly Touching the offendors Touching the Bankrupts estate estate observe more particularly first the power given to the Lords by 34. H. 8. for the discovering and obtaining of it Secondly for their disposal and ordering of it 32. First for the discovery and The discovery of it obtaining of it The effect of that Statute is That if after any such Act or offence committed and complaint thereof made to the Lords as aforesaid by any party grieved concerning the premises who knowing or suspecting any of the goods chattels wares merchandizes or debts of such offendors to be in the custody use or possession of any person or persons or any person or persons to be indebted to any such offendor or offendors do make relation thereof to the said Lords then they are impowred by the said Statute to send for and convent before them such person or persons so known or supposed to have any such goods wares c. in their custody or to be indebted to the offendor or offendors and upon their appearance to examine them and every of them as well by their Oaths as otherwise for and upon the specialty certainty true declaration and knowledg of all and singular such goods wares debts c. as be suspected to be in his or their custody use c. And if the person so examined do not plainly disclose the whole truth of such things whereof he shall be examined touching the premises then every such person or persons so examined and not declaring the plain and whole truth upon such proof thereof made before the said Lords as they shall judge sufficient in that behalf shall lose and forfeit double the value of all such goods wares c. so concealed to be levied by the said Lords by such ways and means as they shall think fit the same to be distributed to the Creditors in such manner as the Bankrupts Estate 34 H. 8. cap. 4. 33. And that if any person or persons do fraudulently by covin or collusion demand any debt or other thing by writing or otherwise of such offendor or offendors other than such as he or they can and do prove to be justly due before the said Lords that then every such person or persons so crastily demanding any such debt c. shall forfeit the double of what he shall so claim c. to be levied and imployed as aforesaid 34. So if the Bankrupt after he shall do those acts whereby he is declared Bankrupt shall suffer fraudulent recoveries against him of any debts goods c. upon complaint thereof to them made the Lords are impowred to convent before them the Recoverers and after such fraud discovered the said goods c. so recovered shall be chargeable to the Bankrupts debts and be disposed of to the Creditors notwithstanding such Recovery 34 Hen. 8. cap. 4. 35. Secondly Observe the power Disposal of the Bankrupts estate given by that Statute to the Lords for disposing and ordering of the Bankrupts Estate First they have power to cause the Bankrupts Lands Tenements Fees Offices Annuities Goods and Chattels Debts c. to be viewed rented and appraised Secondly To make a sale of the said Lands c. or otherwise to order the same for the true satisfaction and payment of the said Creditors rate and rate like according to the quantity of their debts Thirdly And that every direction order bargain sale and other things done by the said Lords as aforesaid in wâ—iting signed with their hands shall be good and effectual in the Law to all intents c. against the offenders their heirs and executors for ever as if done and executed by the offendors themselves 34 Hen. 8. chap. 4. Which Statute of 34 H. 8. although it be now out of use yet in regard I do not find itactually repealed I suppose it will not bethought altogether superfluous to be taken notice of The proceedings against and punishment of the Bankrupt by persons mediately authorised by Parliament 36. The next things considerable are the proceedings against and punishment of the Bankrupt by Commissioners Commissioners Their Commission or persons mediately authorized by Parliament wherein take notice First of their Commission and therein observe first from