A Brief of the Bill exhibited against Bankrupts.  
THe Bill extendeth only to make such Bankrupts as seek their living by buying and selling, as the former acts did, only it maketh a Scrivener, receiving other men's monies into his trust or custody, liable to the same, and an alien. It further describeth a Bankrupt, and provideth that the remedies appointed by the former acts of 13. Eliza. and 1. jac. shall be extended to such as are described by this act to be Bankrupt. It enlargeth the remedies in some cases, not sufficiently provided for by the former laws, and in special cases inflicteth corporal punishment.  

It enlargeth the description of a Bankrupt, and addeth to the former Laws. 

1. Such as shall obtain or seek protections against Creditors, unless only in time of Parliament.  
2. Such as shall prefer or exhibit into any his Majesty's Courts, any bill or bills, or to his Majesty any petition, or petitions of conformity, to compel Creditors take less, than their just debts, or to procure longer days of payment. 

Reasons.  
1. Experience showeth, that this is done only to delay and hinder Creditors.  
2. That they spend, and consume their estates in the mean time.  
3. The money spent in this course, and given to undertakers, may help pay his just debts.  
4. This is by pretence of a course of Law, to hinder Law.  
5. This is to compel charity, which should be free.    
3. Such as owing an hundred pound or more, shall not pay or compound for the same, within six months after the same 〈◊〉 grow 〈◊〉 be demanded. 

1. Many men avoid the acts which make a Bankrupt, but make no conscience by delays to defraud men of their just debts.    
4. Such as being arrested for debt, shall lie in prison six months, or being arrested for two hundred pound just debt, or more, shall get forth by putting in common or hired bail, in which case the party is to be a Bankrupt, from the time of the arrest. 

1. Not being a Bankrupt till six months, encourageth Bankrupts, in which time they provide for their allies and friends at pleasure.  
2. They pay whom they list, they learn much ill and craft.  
3. The common and hired bail, is a trick merely to defraud Creditors, and a great abuse.  
4. After such bail, they keep their persons private, and yet spend their estates.      
The Bill relieveth Creditors in some cases, not sufficiently, or expressly provided for by the former laws. 

1. That the Bankrupts wife, after he is proved a Bankrupt, shall and may be examined, only for the discovery of his estate, conveyed or concealed by her, and being in her privity. 

For want of this, the former laws are of small use for the Bankrupt, knowing the wives are not to be examined; convey their goods by their wives help to persons unknown to themselves, or any others than their wives.    
2. That the Commissioners, or others by their warrant or appointment, may break open the Bankrupts shop, house, or warehouse, to the intent to seize his body, goods, and estate. 

This is doubted, whether sufficiently provided for by the former laws, whereupon some fearful Commissioners, making scruple, the Bankrupt in the mean time convaieth away himself, and his goods at pleasure.    
3. That for the better distributing of the Bankrupts estate, the Commissioners may examine Creditors, upon the certainty of their just debts, and that they be relieved for no more than their mere debt, whatsoever security they have, by judgement, statute, recognizance, or bond forfeited, without respect to the penalties in such securities. 

This is not expressly provided for by the former laws, but is within the intent and equity, and is so done de facto, by Commissioners: but the not expressing thereof, doth breed many times much question, and sometimes suits in law, some Creditors requiring relief for penalties and forfeitures.    
4. That in case of any lands, goods, chattels, etc. of the Bankrupts, made over to any person, upon condition of redemption at a day, not due at the time of his being a Bankrupt, the Commissioners may assign power to any persons to pay the mere debt; upon tender or payment whereof, the Commissioners may divide the surplusage of the benefit of the said lands, goods, etc. 

1. It hath been conceived, the Commissioners have not power by the law, to assign persons to perform the condition, whereupon the Creditors are forced to long and tedious suits, in Courts of equity.  
2. It seemeth very reasonable and equal to be so.    
5. That in case of extents upon any the Bankrupts lands, goods, and chattels, by any accountant to his Majesty, the Commissioners may examine such accountant upon oath, whether the debt were originally due to himself, or transferred to him in trust for the use and benefit of the party, whose debt it was: and if it were, that the same be made subject to the Commission. 

It hath been a usual course of late years, to transfer debts to accomptants, and to extend for his Majesty, the accomptants being only used for other men, and yet the accomptants refuse to answer upon oath, to any such interrogatory, because it seemeth to be the King's case.    
6. That where lands, goods, or chattels, of any Bankrupt, be assigned over upon good consideration, yet the same remaining in the possession, order and disposition of the Bankrupt, after such grant or gift made to receive the rents, and take the profits: That such lands, goods, and chattels be made subject to the Commission. 

This possession of the Bankrupt, the grant being concealed, was the motive of the Bankrupts great trust and credit.  
This possession of the Bankrupt, is a badge of fraud, and lieth in the deck many years thus concealed.      
The Bill inflicteth corporal punishment, by standing on the Pillory in the County, etc. two hours, and losing one care by course of indictment in cases, 

1. Where the Bankrupt doth fraudulently, and deceitfully convey away his goods, or chattels, to the value of five pound, and shall not upon his oath discover, and (if it be in his power,) deliver unto the Commissioners all that estate, goods, and chattels so by him or his means kept from the Commissioners.  
2. Where he cannot make it appear unto the Commissioners, that he hath sustained some casual loss, after the buying, and taking up of such wares, monies and commodities, whereby he is become unable to pay his just debts. 

1. Bankrupts increase, and trade decreaseth: the best remedy will be fear of corporal punishment.  
2. This corporal punishment is only in case of wilful fraud and deceit, and where that fraud and deceit doth continue after monition and warning by the Commissioners.  
3. The trade of Bankrupting, is the worm that eateth out the heart of all commerce and trade.  
4. Without casual loss it is a wilful wrong.      
The Bill appointeth the Bankrupt to be pursued, and taken as a Felon, and to suffer death as in case of felony, without corruption of blood, or forfeiture of lands, or goods in case, 

The Bankrupt shall flee away, and will not appear before the Commissioners, upon or before the fift proclamation to be made according to the form of the aforesaid statutes, and after three summons first made in writing, under the Commissioners hands, and left at the house, or shop, of the Bankrupts last abode or dwelling. 

1. This wilful deceit is worse than burglary, or robbing by the highway, which may be prevented, this cannot.  
2. The time limited is very sufficient for such to come in and avoid this punishment.  
3. This is more in terror to them, then likely to be prosecuted by the Creditors.