THE Judge's Resolutions Upon the Several Statutes Concerning BANKRUPTS, WITH The like Resolutions on the Statutes of 13. Eliz. and 27. Eliz. touching fraudulent CONVEYANCES. By GEORGE BILLINGHURST of Grays-Inne, Esq;  
LONDON, Printed for Henry Twyford in Vine-Court Middle-Temple, 1676.   

I do allow the Printing of this Book, Entitled, The Judge's Resolutions upon the Statute concerning Bankrupts.  
28th. June, 1676. FRA: NORTH.   

Gentle Reader.  
THou hast here a methodical digestion of the several Statutes concerning Bankrupts, presented to thy view; together with such Expositions as have been made of the several parts of them by the Learned Judges of this Kingdom, since they came forth.  
And in regard the matter hereof may concern most men, I thought it would not be unnecessary to be published. For although there be a Reading in Print upon some of those Statures more full of abstruse Notions and Learning than this is. yet I have some ground to believe that this will be thought for ordinary capacities, and the generality of men, much more useful. I have also added hereunto the several Statutes of 13 El. and 27 El. touching fraudulent conveyances, with the like Exposition of the Learned Judges on them in several cases annexed, which may be likewise of use unto thee.  
Farewell. T. B.   

What a Bankrupt is, and his Description. 34. Hen. 8. Chap. 4.  
THe Lord Chancellor, Treasurer, etc. shall take order with Bankrupts Bodies, Lands, and Goods for the payment of their Debts. Al. 13 El. 7. 1 Jac. 15. 21 Jac. 19  

13 Eliz. Chap. 7. Who is a Bankrupt, how and by whom his Body, Lands, and Goods shall be ordered for the payment of his Creditors.  
FOrasmuch as notwithstanding the Statute made against Bankrupts, in the xxxiiii year of the Reign of our late Sovereign Lord King Henry the eighth, those kind of persons have, and do still increase into great and excessive numbers, and are like more to do, if some better provision be not made for the repression of them. And for a plain declaration to be made and set forth, who is and aught to be taken and deemed for a Bankrupt: Therefore be it enacted and established by the Authority of this present Parliament, that if any Merchant or other person, using or exercising the trade of Merchandise, by way of Bargaining, Exchange, Rechange, Bartry, Chevisance, or otherwise, in gross, or by retail, or seeking his or her trade of living, by buying and selling, and being Subject born of this Realm, or of any the Queen's Dominions, or Denizen, since the first day of this present Parliament hath, or at any time hereafter shall departed the Realm, or begin to keep his or her House or Houses, or otherwise to absent him or herself,, or take Sanctuary, or suffer him or herself willingly to be arrested for any debt or other thing, not grown or due for Money delivered, Wares sold, or any other just and lawful cause, or good consideration or purposes, hath or will suffer him or herself to be outlawd, or yield him or herself to prison, or departed from his or her dwelling House or Houses, to the intent or purpose to defraud or hinder any of his or her Creditors, being also a Subject born, as is aforesaid, of the just Debt or duty of such Creditor or Creditors, shall be reputed, deemed, and taken for a Bankrupt.  
And be it enacted by the Authority aforesaid, That the Lord Chancellor of England, or Lord Keeper of the great Seal of England for the time being, upon every complaint made to him in writing, against any such person or persons being Bankrupt, as is before defined, shall have full power and Authority by Commission under the great Seal of England, to name, assign, and appoint such wise and honest, discreet persons, as to him shall seem good: Who, or the most part of them, by virtue of this Act and of such Commission, shall have full power and authority to take by their discretions such order and direction, with the body and bodies of such person, wheresoever he or she may be had, either in his or her House or Houses, Sanctuary or elsewhere, as well by imprisonment of his or her body or bodies, as also with all his or her Lands, Tenements, Hereditaments, as well Copy or Customary-hold, as , which he or she shall 〈…〉 ve in his or her own right, before he or she became Bankrupt, and also with all such Lands, Tenements and Hereditaments, as such person shall have purchased, or obtained for money, or other recompense jointly with his wife, children or child, to the only use of such offender, or offenders,▪ or of, or for such use, interest, right or title, as such offender or offenders than shall have in the same, which he or she may lawfully departed withal, or with any person or persons, of trust to any secret use of such offender or offenders, and also with his or her money, goods, chattels, wares, merchandises and debts, wheresoever they may be found or known, and cause the said Lands, Tenements, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandizes and Debts, to be searched, viewed rent, and appraysed to the best value they may, and by Deed indented, enroled in one of the Queen's Majesty's Courts of Record, to make sale of the said Lands, Tenements, and Hereditaments, and of all Deeds, Writings, and Evidences, touching only the same, belonging to such offender or offenders, debtor or debtors, and also of all Fees, Annuities, Offices, Goods, and Chattels, or otherwise to order the same for true satisfaction and payment of the said Creditors: that is to say, To every of the said Creditors a portion, rate and rate like, according to the quantity of his or their debts: and that every direction, order, bargain, sale, and other things done by the said persons so authorised, as is aforesaid, in form aforesaid, shall be good and effectual in the Law, to all intents, constructions, and purposes, against the said offender or offenders, debtor or debtors, his or their wife or wives, heir and heirs, child and children, and such person and persons, as by such joint purchase with the said offender or offenders, as is aforesaid, have or shall have any estate or interest in the premises, and against all other person and persons claiming by, from, or under such offender or offenders, debtor or debtors, by any Act or Acts had, made, or done after any such person shall become Bankrupt, as is aforesaid, and also against the Lords of the Manors, whereof the said Copyhold or Customary lands been holden, their heirs, successors, and assigns, and every of them.  
Provided always, and be it enacted by the Authority aforesaid, That all and every person or persons, to whom any such sale of Copyhold, or Customary Lands, or Tenements shall be made, shall before such time as they or any of them shall enter or take any profit of the same Lands or Tenements, agree and compound with the Lords of the Manors of whom the same shall be holden, for such fines or incomes as heretofore have been most usual, and accustomed 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 Manors, 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 Manors, for such estate or interest as to them shall be sold, and reserving the ancient Rents, Customs, and Services: but also in the same Court admit them Tenants of the same Copy or Customary Lands, as other Copyholders of the same Manors, 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 employing and bestowing of their said Lands, Tenements, Offices, fees, Goods, Chattels, and debts so paid 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 premises, 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 virtue 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 show the whole truth of such things as he or they shall be examined of concerning the premises 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 premises, 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 showed: 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 employed 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 ●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 paid, 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 co●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 ●e levied, ●ecovered, and employed 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 Queen's 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 virtue and authority of this present Act, have full power and authority to award five Proclamations to be made in the Queen's name, upon five sundry Market days, 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 Queen's name to return with all convenient speed, and to yield 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 Queen's protection: and that also every person and persons that shall willingly and wittingly help to hid 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 Queen's 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 departed 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, paid, 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 virtue 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 virtue 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 paid, or otherwise agreed for: that then the said lands, tenements, hereditaments, as well free as copy, offices, fees, goods and chattels, shall by virtue 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 virtue of this Act.  
Provided always, that this Act shall not extend to any lands, tenements, or hereditaments free or copyhold, 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, daily increase amongst such as live by buying and selling, to the hindrance of traffic 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 Merchandise, 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 King's Dominions, or Denizen, who at any time since the first day of this present Parliament, or at any time hereafter shall departed the Realm or begin to keep his or her house or houses, or otherwise to absent him or herself, or take Sanctuary, or suffer him or herself, 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 herself to be outlawed, or yield him or herself to prison, or willingly or fraudulently hath or shall procure him or herself to be arrested, or his or her goods, money or chattels, to be attached or sequestered, or departed 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 the intent or whereby his, her or their Creditors being Subjects born as aforesaid, shall or may be defeated or delayed for the recovery of their just and true debts, or being arrested for debt, shall after his or her arrest, lie in prison six months or more, upon that arrest or upon any other arrest or detention in prison for debt, and lie in prison six months upon such other arrest or detention, shall be accounted and adjudged a Bankrupt to all intents and purposes.  
And be it further enacted by the authority of this present Parliament, that the like Commissions, orders, benefits and remedies, which are and be provided and limited by the said former Act of Parliament (made in 13 nuper Eliz. Reginae) against any Bankrupts therein described, for or concerning his, her or their lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandizes and debts, or any of them, shall be had, pursued, taken and expounded against such person and persons that are herein expressed to be Bankrupts, his, her, and their lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandises and debts, in such like manner and form as the same aught or might have been if the persons herein described to be Bankrupts had been described to be Bankrupts, according to the intent of the said former Statute.  
And that it shall be lawful for any of the creditors of the said Bankrupt within iiii months after any such Commission shall be sued forth, and until distribution shall be made by the said Commissioners for the payment of the Bankrupts debts, as in such case hath been used, to partake, and join with the other Creditors, thate shall sue forth any such commission, for satisfaction and payment of his, her or their debts, to him or them owing, without any hindrance, let or disturbance of any of the same Commissioners, or of any of the other creditors of any such Bankrupts, the same Creditors so coming in to contribute to the charges of the said Commission, and that if the said Creditors come not in within iiii months, than the Commissioners to have power to distribute.  
Be it further enacted, that if any person which hereafter is or shall be a Bankrupt, by intent of this Statute, shall convey or procure, or cause to be conveyed to any of his children, or other person or persons, any manors, lands, tenements, hereditaments, offices, fees, annuities, leases, goods, chattels, or transfer his debts into other men's names, except the same shall be purchased, conveyed, or transferred, for or upon marriage of any of his or her children, both the parties married, being of the years of consent, or some valuable consideration, shall be in the power and authority of the Commissioners in this behalf to be appointed, or the more part of them, to bargain, sell, grant, convey, demise, or otherwise to dispose thereof, in as ample manner, as if the said Bankrupt had been actually seized or possessed thereof, or the debts were in his own name of the like estate or interest to his or their own use, at such time as he or she became Bankrupt. And that every such grant, bargain, sale, conveyance, and disposition of the said Commissioners, or of the greater part of them, shall be good and available to all intents, constructions, and purposes in the Law against the offender or offenders, his heirs, executors, administrators, and assigns, and such children and persons as shall be subject to this Statute, and against all other person and persons claiming by, from, or under such offender or offenders, or such said other persons, to whom such conveyance shall be made by the said Bankrupt, or by his means or procurement.  
And for that the practices of Bankrupts of late are so secret and so subtle, as that they can very hardly be found out, or brought to light: and for that the former statute giving power to the Commissioners to examine others than the Bankrupts, hath not fully or sufficiently authorized them to examine the said Bankrupt upon oath: For remedy whereof, Be it further enacted by the authority of this present Parliament, That the said Commissioners may call before them, or the greater part of them, the said Bankrupt: and if upon lawful warning left or made in writing at three several times at the dwelling place or house where the said Bankrupt, his wife or family, for the most part of his abode, did lodge or remain, within one year next before he, she, or they became Bankrupt, the said Bankrupt shall not appear before the said Commissioners, or the greater part of them, That then and from thenceforth it shall be lawful for the greater number of the said Commissioners, to appoint to proclaim the said party a Bankrupt, at such public place or places, where the said Commissioners, or the greater part of them shall think meet, warning him, her, or them to appear before them upon the said Commission, at some time appointed. And that if upon the five several Proclamations made in some public place, the party offending appear not before the said Commisiioners, and yield his, her or their bodies to them, or some of them, the said Commissioners, or the greater part of them, shall or may award a Warrant to such fit person or persons, as they think meet, to apprehend the body and bodies of the said offenders, and offenders, and to bring him, her, or them so offending, before the said Commissioners, wheresoever the said party or parties offending may be found, in place privileged or not, to be examined by the said Commissioners, or the greater part of them.  
And that it shall be lawful for the said Commissioners, or the greater part of them, to examine the said offender or offenders, upon such Interrogatories, touching the Lands, tenements, goods, chattels, debts, bills, bonds, books of account, and such other things, as may tend to disclose his, her, or their estate, or the secret grants, conveyances and eloyving of his, or their lands, tenements, goods, money and debts, as they shall think meet.  
And that if therein the offender or offenders shall refuse to be examined, or to answer fully to every Interrogatory to him to be ministered by the said Commissioners, or the greater part of them▪ it shall be lawful for the said Commissioners, or the greater part of them to commit the said offender or offenders to some straight or close imprisonment, there to remain until he, she, or they shall better conform him or herself.  
And that if upon his, her or their examination it shall appear, that he, she, or they have committed any wilful or corrupt perjury, tending to the hurt or damage of the creditors of the said Bankrupt, to the value of ten pounds of lawful money of England, or above, the party so offending, shall or may thereof be indicted in any of the King's Majesty's Courts of Record, and being lawfully convicted thereof, shall stand upon the Pillory in some public place by the space of two hours, and have one of his ears nailed to the pillory, and cut off.  
And whereas by the former Statute made in the said thirteenth year of the reign of the late Queen Elizabeth, the Commissioners for Bankrupts have power given to them to send for such person or persons as the creditors shall know, suppose, or suspect to have, detain, or keep any part of the money, goods, chattels, or debts of the said offender or offenders, or to be indebted to the said offender or offenders, to be examined by the said Commissioners, as by the same Statute appeareth, but have not good means or remedy by imprisonment or other penalty, to procure the person so sent for by them to appear before them, nor having appeared before them, to make answer upon his oath to such Interrogatories as shall be ministered unto him by the said Commissioners, for and upon the specialty, certainty, true declaration and knowledge of such lands, tenements, hereditaments, goods, debts or other things of any such offender or offenders, as be, or shall be, or which shall be suspected to be in his custody, use or possession, or in the custody, use, or possession of any other to his knowledge and of all debts owing to, or for the benefit of such offender or offenders, by himself or by any other to his knowledge, so as many times a great part of the offender or offenders lands, tenements, hereditaments, goods, chattels, or debts, which by the true intent of the said Statute should be employed to the satisfaction of the creditors of the offendor or offenders, are concealed or detained in the hands of such person and persons as refuse to come, or being come refuse to be sworn before the said Commissioners, to be examined in that behalf, to the great encouragement of all Bankrupts and their wicked confederates and accessaries, and to the great hindrance of the just remedies of the creditors of the said Bankrupts for their true and just debts to them owing: For remedy whereof, be it further enacted by the authority aforesaid, That if any person or persons being known, supposed, or suspected to have or detain any part of the lands, tenements, or hereditaments, goods, chattels or debts of the said Bankrupt, or to be indebted to, or for the benefit of the said Bankrupt, shall after lawful warning to the said person or persons given to come before the said Commissioners, or the greater part of them, to be examined according to the intent of the said Statute, refuse to come, or shall not come before the said Commissioners at the time appointed, having no lawful impediment (such as shall be admitted and allowed of by the said Commissioners or the more part of them, and which shall be then signified or made known to the said Commissioners, at the time of their assembly;) Or that any such person or persons having knowledge or warning of any other assembly or meeting of the said Commissioners again, shall not come and appear before them at such time as he or she lawfully may come, having no such lawful impediment as shall be then made known to the said Commissioners, and by them admitted and allowed of as aforesaid, Or being come before them shall refuse to be sworn and to make answer to such Interrogatories as shall be ministered unto him or them, according to the true intent and meaning of the said Statute made in the said thirteenth year of the reign of our said late Sovereign Lady Queen Elizabeth, or of this present Act, That then it shall be lawful for the said Commissioners, or for the greater part of them, to commit to such Ward and Prison as to them or to the greater part of them shall be thought meet, all such person and persons as shall so refuse to be sworn and make answer to such Interrogatories as shall be so ministered as aforesaid, and also to direct their Warrants to such person or persons as to them or the greater part of them shall be thought meet, to apprehend and arrest such person or persons as shall refuse to appear before them as aforesaid, and to bring him, her, or them before the said Commissioners, or the greater part of them to be examined as abovesaid, and upon his, her, or their refusal to come or to be examined before the said Commissioners as aforesaid, to commit the said party so refusing, to such prisons as the said Commissioners or the greater part of them shall think meet, there to remain without bail or mainprize, until such time as the said person so refusing to come, or to be sworn to answer before the said Commissioners, shall submit him or herself to the said Commissioners, and be by them examined according to the true intent of the said Statute, ● and of this present Act.  
Provided always, that such Witnesses as shall so be sent for, shall have such costs and charges as the Commissioners in their discretion shall think fit: The same charges to be ratably born by the Creditors of the said Bankrupt, according to the proportion of each of their several debts. And if any person o● persons, other than the Bankrupt, either by subornation, unlawful procurement, sinister persuasion, or means of any others, or by his own act, consent, or agreement, shall wilfully and corruptly commit any manner of wilful perjury by his deposition to be taken before the said Commissioners, or the greater part of them, as aforesaid, That then the party or parties so offending, and all and every person and persons, that shall unlawfully and corruptly procure any such unlawful, wilful, and corrupt perjury, shall, or may therefore be indicted in any of the King's Majesty's Courts of Record, and after his or their conviction thereof, shall incur such forfeiture, and receive and suffer such pains and punishment as are limited by the Statute made concerning Perjury, in the fifth year of the Reign of our said late Sovereign Lady Queen Elizabeth.  
And be it further enacted, That all and every sum and sums of money, which shall be forfeited by force of this present Act, shall be sued for, and recovered by the said creditors only, or any of them that will sue for the same, by Action of Debt, Bill, Plaint, or Information, in any of the King's Majesty's Courts of Record; and the sum or sums of money so recovered, the charges of suit being deducted, shall be distributed and divided towards the payment of the said creditors of the Bankrupt.  
And for that the power & authority given to the Commissioners of Bankrupts, touching the debts due to the said Bankrupts, is not so full and perfect, as that the full benefit thereof in due course, might be employed to the use of the said Creditors, as was intended: For remedy thereof, Be it further enacted by the Authority aforesaid, That the Commissioners of Bankrupts, or the greater part of them all have power to grant and assign, or otherwise to order or dispose, all or any of the debts due, to and for the benefit of the said Bankrupt, by what person or persons soever, or in what manner and form soever, to the use of the creditors of the said Bankrupt, according to the true intent of the said former recited Statute of Bankrupts: And that the same Grant, Assignment, or disposition of the said debts, in form aforesaid to be made by the said Commissioners, or the greater part of them, shall so vest the property, right and interest of the said debt, and debts, in the person or persons of him, her, or them, to whom it shall be granted, assigned, or ordered by the said Commissioners, or the greater part of them, as fully to all intents and purposes, as if the said Bill, Bond, Bonds, Statutes, Recognizances, judgement, or Contract, whereupon the said Debt or Debts, Deed or Deeds shall arise or grow, had been made, to or with, or for the said person or persons, to whom the same shall be so granted, assigned, or disposed, by the said Commissioners, and that after such Grant, Assignment, or Disposition made of the said Debts, that neither the Bankrupt, nor any other to whom any such Debt shall be due shall have power to recover the same, nor to make any release, or discharge thereof, neither shall the same be attached, as the Debt of the Bankrupt, or such said other person or persons, to whom the same shall be due, by any other person or persons, according to the Custom of the City of London, or otherwise, But that the party or parties to whom the same Debts shall be assigned, shall have like remedy to recover the same, as fully and lawfully in the name or names of the person or persons to whom the same shall be so granted, assigned or ordered by the said Commissioners, in all respects and purposes, as the party himself might have had, any Law, Statute, Use, Custom to the contrary thereof in any wise notwithstanding.  
Provided always, that no debtor of the Bankrupt be hereby endangered, for the payment of his other debts, truly and bona fide, to any such Bankrupt, before such time as he shall understand or know that he is become a Bankrupt.  
Provided also, and be it further enacted, 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 said Bankrupts, of the employing and bestowing of his, her, or their said lands, tenements, and hereditaments, offices, fees, goods, wares, money▪ chattels, and debts, which shall be paid and satisfied to their said Creditors, as is in like case limited and appointed, by the said former Statute, made in the said thirteenth year of the said late Queen's Majesties reign, but also make payment of the overplus of the same, if any such shall be, to the said Bankrupts, their executor's administrators, and assigns, and that the said Bankrupts, after the full satisfaction of the said creditors, shall have full power and authority to recover and receive the residue and remainder of the debts to them owing, Any thing in this Act contained to the contrary in any wise notwithstanding.  
Be it further enacted, That if any Action of Trespass, or other suit, shall happen hereafter to be brought against any Commissioner authorized by the Statute, made in decimo tertio of our late Sovereign Lady Queen Elizabeth, for Bankrupts, or any other person or persons having authority by virtue or under the Commission, authorising the said Commissioner for the doing or executing of any matter, by force of the said Statute, or this present Statute, That the defendant or defendants, in any such action or suit, may plead Not guilty, or otherwise justify that the Act or thing whereof the plaintiff or plaintiffs complained, was done by Authority of the said Act made in the thirteenth of Elizabeth, or in this present act respectively, without expressing or rehearsal of any other matter or circumstance contained in either of the said Acts, and without enforcing him or them to show forth their Commission authorising the said Act, or thing, whereunto the Plaintiff shall be admitted to reply, that the Defendant did the Fact, supposed in the Declaration, of his own wrong, without any such cause alleged by the said Defendant; whereupon the issue in such action, shall be joined to be tried by verdict of twelve men, and upon trial of that issue, the whole matter to be given on both parties in evidence, according to the very truth of the same. And if verdict upon such issue sh●ll pass for the defendant, the defendant to have his costs.  
Provided always, and be it further enacted, That after any Commission of Bankrupts hereafter sued forth, and dealt in by the Commissioners, if the offendor happen to die, be●ore the Commissioners shall distribute the Goods, Lands, and Debts of the offenders, or any of them, by force of the foresaid Statute, of the thirteenth year of the Reign of our late Sovereign Lady Queen Elizabeth, and this Statute, or either of them, That then nevertheless, the said Commissioners shall and may in that case proceed in execution, in, and upon the said Commission, for, and concerning the offender's Goods, Lands, Tenem●nts, Hereditaments, and Debts, in such sort as they might have done, if the party Offenders were living. Stat. 21 Jac. 19   

21 Jac. Chap. 19 A further description of a Bankrupt. The Statutes of 13 Eliz. 7. and 1, Jac. 15 enlarged.  
FOr as much as daily experience showeth, that the number and multitude of Bankrupts do increase more and more, and also the frauds and deceits invented and practised for the avoiding and deluding the penalties of the good Laws in that behalf already made, and the remedy by them provided: And for that divers defects are daily found in the former Statutes made against Bankrupts, doth in the description of a Bankrupt, as also in the power given to the Commissioners for the discovery and distributing the Bankrupts estate, to the great encouragement of evil minded persons, the hindrance of traffic and commerce, the great decay, overthrow and undoing of many Clothiers, by whom many thousands of the natural born Subjects of this Realm, be from time to time in all parts of this Kingdom set on work: all which do tend to the general hurt of this Realm: For remedy whereof, be it enacted by the Kings most excellent Majesty, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, That all and singular the aforesaid Statutes and Laws heretofore made against Bankrupts, and for relief of Creditors, shall be in all things largely and beneficially construed and expounded for the aid, help, and relief of the Creditors of such person or persons as already be, or hereafter shall become Bankrupt.  
And that all and every person and persons using or that shall use the trade of Merchandise, by way of bargaining, exchange, bartering, chevisance, or otherwise in gross, or by retail, or seeking his, or her living, by buying and selling, or that shall use the trade or profession of a Scrivener, receiving other men's moneys or estates into his trust or custody, who at any time after the end of present Session of Parliament, shall either by himself, or others by his procurement, obtain any protection or protections, other than such person or persons as shall be lawfully protected by the privilege of Parliament, or shall prefer or exhibit unto his Majesty, his Heirs or Successors, or unto any of the King's Courts, any Petition or Petitions, Bill or Bills against his or her Creditor or Creditors, or any of them, thereby desiring, or endeavouring to compel or enforce them, or any of them, to accept less than their just and principal debts, or to procure time, or longer days of payment, than was given at the time of their original contracts, 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 months' next after the same shall grow due, and the Debtor be arrested for the same, or within six months after an original Writ sued out to recover the said debt, and notice thereof given unto him, or left in writing, at his, or their dwelling house, or last place of abode▪ or being arrested for debt, shall after his or her arrest, lie in prison two months or more, upon that, or any other arrest or detention in prison for debt, or being arrested the sum of one hundred pounds or more, of just debt or debts, shall at any time after such arrest, escape out of prison, or procure his enlargement, by putting in common or hired Bail, shall be accounted and adjudged a Bankrupt to all intents and purposes: And in the said cases of arrest, or lying in prison for such debt or debts, or getting forth by common or hired Bail, from the time of his or her said first arrest.  
And be it further enacted by the authority of this present Parliament, that the like Commissions, Orders, Benefits, and Remedies, which are and be provided and limited by the said former Acts of Parliaments, made in the thirteenth year of the late Queen Elizabeth, and in the first year of the Reign of our Sovereign Lord the King's Majesty, against any Bankrupts in them, or either of them described, or for, or concerning his, her, or their Lands, Tenements, Hereditaments, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandise and Debts, or any of them, shall and may be had, pursued, taken, and expounded against such person and persons as are herein, and hereby, declared, described, or expressed to be Bankrupts and against his, her, and their Lands, Tenements, Hereditaments,, Fees, Annuities, Officers, Goods, Chattels, Wares, Merchandizes and Debts, in such manner and form, as the same aught, and might have been, if the persons herein declared, described, or expressed to be Bankrupts, had been by the said Statutes, or either of them, described to be Bankrupts, to all intents and purposes whatsoever.  
And be it 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, in, or by this Act declared, described, or expressed to be Bankrupts, or for, or concerning his, her, or their Lands, Tenements, Hereditaments, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandizes and Debts, or any of them,, or the discovery of them, or any of them, shall from henceforth be had, pursued, taken and expounded against such person and persons, as are declared or expressed to be Bankrupts, by the said former Acts of Parliaments, or either of them, and against his, her, and their Lands, Tenements, Hereditaments, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandizes and Debts, in such manner and form, as the same aught and might have been, if the persons in the said former Statutes, or either of them described to be Bankrupts, had been mentioned and described to be Bankrupts, in, and by this present Act.  
And whereas by the former Laws, the Commissioners appointed, have power to examine the Bankrupt himself, and such person or persons, as are suspected to have, or detain of the estate, goods or chattels of the Bankrupts, but some doubt hath been made whether the Commissioners have power to examine the wives of the Bankrupts touching the same, by reason whereof the Bankrupts wives do daily conceal, and convey away, and cause to be conveyed away much part of their husband's moneys, wares, goods, merchandise and other estate, to person or persons unknown to any, but such wives, by reason whereof much of the Bankrupts estate is concealed, and detained from the Creditors,  
For clearing therefore the said doubt, and avoiding the inconveniences aforesaid, Be 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, be lawfully adjudged or declared to be a Bankrupt, the said Commissioners executing such commission, shall have power and authority to examine upon oath, the wife and wives of all and every such Bankrupt, for the finding out, and discovery of the estate, and estates, goods, & chattels of such Bankrupt▪ or Bankrupts, concealed, kept or disposed of, by such wife or wives, in their own person or persons, or by their own act or means, or by any other person or persons. And that she and they, the said wife and wives, shall incur such danger and penalty for not coming before the said Commissioners, or for refusing to be sworn and examined, or for not disclosing the truth upon her or their examination, or examinations, as in, and by the said former Laws, or either of them is already made, and provided against any other person, or persons in like cases.  
And be it further evacted by the authority aforesaid, That if any Bankrupt shall upon his, or her examination, or examinations to be taken before the said Commissioners, executing the said Commission, be found fraudulently, or deceitfully to have conveyed away his, or her Goods, Chattels, Lands, Tenements, Offices, Fees, Rents or Annuities, or other Estate, or any part thereof, to the value of twenty pounds or above, to the end and purpose to hinder the execution of this Statute, or of any other the aforesaid Statutes, or thereby to defraud, delay, or hinder his or her Creditors of the same, and shall not upon his or her examination discover unto the said Commissioners, and (if it lie in his or her power) deliver unto the said Commissioners, all that estate, Goods, and Chattels, so fraudulently, and deceitfully conveyed away, as aforesaid, or by him or her, his or her means, kept or detained from the said Commissioners, or that cannot make it appear unto the said Commissioners that he or she hath sustained some casual loss, whereby he or she is disabled to pay, what he or she than owed, shall or may be indicted for such fraud or abuse, at the Assizes or general Sessions, to be holden before the judges of Assize, or justices of the Peace of the County or place, where he or she shall become Bankrupt▪ And if upon such Indictment or Indictments, the Bankrupt be thereof convicted, he or she so convicted, shall be set upon the Pillory in some public 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 judgement, 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 virtue of any custom 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 judgement, 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 judgement, 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 Accountant, or any way indebted unto our Sovereign Lord the King's 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 Accountant, upon any bargain or contract originally made, betwixt such Accountant, and the said Bankrupt, the said Debtor or Accountant, 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 Accountant, 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 become 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 virtue of this Act, by deed indented, and enroled within six months after the making thereof, in some of his Majesty's Court of Record at Westminster, to grant, bargain, sell and convey any Manors, 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 King's 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 Manors, Lands, Tenements, or Hereditaments.  
And be it further enacted, That if any person that now is, or hereafter shall become a Bankrupt, have heretofore granted, conveyed, or assured, or shall 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 be lawful, to, and for the said Commissioners, or the greater part of them, before the time of the performance of such condition, to assign and appoint, under their hands and seals, 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; and that the said Commissioners, or the greater part of them, shall after such tender, payment, or performance, have power to sell, and dispose of such Lands, Tenements, Hereditaments, Goods and Chattels, and other estates so granted, conveyed, or assured upon condition, to, and for the benefit of the Creditors, as fully as they may sell or dispose of any the estate of the Bankrupt  
Provided further, that no Purchaser, for good and valuable consideration, shall be impeached by virtue of this Act, or any other Act heretofore made against Bankrupts, unless the Commission to prove him, or her a Bankrupt, be sued forth against such Bankrupt within five years after he, or she shall become a Bankrupt.  
Provided further, and be it enacted by the Authority aforesaid, that this Act, and all other Acts of Parliament, heretofore made against Bankrupts, shall extend to Strangers born, as well Aliens, as Denizens, as effectually, as to the natural born Subjects, both to make them subject to the Laws as Bankrupts, as also to make them capable of the benefit or contribution, as Creditors by those Laws. Stat. 34 H. 8. 4. 13 El. 7. 1 Jac. 15.  
Stat. 14 Car. 2. Chap. 24.  
Whereas divers Noblemen and Gentlemen, not bred up in Trade, have notwithstanding put great Stocks into the East-India and Guiny Company, it is declared that no persons Adventurers for putting in Money or Merchandise into the said Companies, or for adventuring or managing the Fishing, called the Royal Fishing Trade, shall be tak●n or reputed a Merchant or Trader within any Statutes for bankrupts or be liable to the same.  
Provided that persons trading and trafficking in any other way or manner than the said Companies or Fishing shall be liable to the Commission of Bankrupts.  
A Verdict and judgement against Sir Jo▪ Wollaston as a Bankrupt, for trading in the East-India Company reversed and made void. Provided, not to avoid any sale or disposition of his lands or goods made by virtue of the Commission of Bankrupts.  

To the Right Honourable, etc.  
IN most humble manner complaining, showeth unto your Lordship your daily Orators, T. B. of A- in the County of D. Gent. and W. P of C. in the County of E. Esq; as well for themselves, as for all others the Creditors of R. D. of the Parish of M. in the City of London Merchant, That whereas the said R. D. using and exercising the Trade of Merchandise, by way of Bargaining, Exchange, Bartering and Chevisance, seeking his Trade of living by buying and selling, upon good and just causes, for Wares and Merchandizes to him sold and delivered, and also for ready money to him lent, being indebted to your Orators, and others his Creditors in divers and several sums of money, amounting in the whole to the sum of etc. and upwards; of late, that is to say, about the Month of November last did become Bankrupt, within the several Statutes lately made against Bankrupts, to the intent to defraud and hinder your said Orator, and all other his Creditors of their just Debts and Duties to them due, and owing (viz.) within the Statute made in the Parliament begun and holden at Westminster the second day of April in the thirteenth year of the Reign of our late Sovereign Lady Queen Elizabeth concerning Bankrupts: and within the Statute made in the Parliament begun and holden at Westminster aforesaid, the nineteenth day of March in the first year of the Reign of our late Sovereign Lord King James of England, France, and Ireland, and of Scotland the seven and thirtieth, Entitled An Act for the better relief of the Creditors against such as shall become Bankrupts; as also within the Statute made in the Parliament begun and holden at Westminster the nineteenth day of February in the one and twentieth year of the Reign of our said late Sovereign Lord King James of England, France, and Ireland, and of Scotland the seven and fiftieth, Entitled, An Act for the further description of a Bankrupt, and relief of the Creditors against such as shall become Bankrupts, or within some or one of them: In tender consideration whereof, may it please your Lordship to grant unto your Orators his Majesty's most gracious Commission to be directed to such and so many wise, honest, and discreet persons as your Lordship shall seem meet, authorising them thereby, not only concerning the said Bankrupt, his Body, Lands, Tenements,  and Customary Goods, Debts, and other things whatsoever, but also concerning all other persons which by concealment claim, or otherwise do or shall offend touching the premises, or any part thereof, contrary to the true intent and meaning of the same Statutes. To do and execute all and every thing and things whatsoever, as well for, and towards satisfaction and payment of the said Creditors, as towards and for all other intents and purposes, according to the Ordinance and Provision of the same Statutes:  
And your Orators shall pray, etc.   


In Bankrupt, Note  
What he is discovered 

1. 

By general description, Sect. 1, 2.    
2. 

By his Trade. 4, 5, 6, usque ad Sect. 11.  
By his demeanour. 12, 13, 14, usque ad Sect. 25.  
By the final cause of all. Sect. 26.      
The proceeding against, and punishment of him 

1. In general he shall be accounted a Bankrupt, and made thereby incapable to dispose of his own. Sect. 28.  
2. In particular by persons 

1. Immediately appointed by the Act and therein note 

1. What they are. Sect. 29.  
2. Their authority set forth 

1. Generally. Sect. 29.  
2. Particularly 

1. Touching his person. Sect. 30.  
2. As to his Estate and therein note 

1. The way of discovering it. 32, 33, 34.  
2. The disposal of it. Sect. 35.          
2. Mediately authorised by Lord Chancellor 

1 Their Commission. Sect. 36.  
2. Their authority 

1. As to the Bankrupts person. Sect. 39, 40, 41. 

2. As to his Estate  
2. What it is 

real. 43, 45, usque ad 57  
personal. 61, 62, usque ad 71.      
2. The means of discovery 

as to the persons 

the Bankrupt himself, Sect. 73, 74, 75, 76.  
the Bankrupts Wife. Sect. 77.  
other persons 

what persons. Sect. 78.  
proceeding with them 

to send for them. Sect. 78.  
to examine them. Sect. 78.  
to punish them. 79, 80, usque ad 86.    
allowance to them of charges. Sect. 87.      
as to the goods, by breaking open locks, etc. for them Sect. 72.    
3. The disposal of it. 

1. By appraisement, Sect. 88, etc.  
2. By sale, Sect. 89, etc.  
3. By Ditribution 

to whom, 89, 90.  
of what, 90, 91, 92, 93, 94, 95, 96, 97, 98.  
the time when, not until 4 months, etc. Sect. 105, 108.  
the manner; Rate and Rate like, Sect. 109.  
the effect of it 

to bar, Sect. 112.  
to vest the property, Sect. 113.  
to give means of Recovery, Sect. 112.  
to restore to the Bankrupt his capacity, Sect. 123.          
3. Their account.  
4. Their remedy, if sued          

CHARLES the Second by the Grace of God, King of England, Scotland, France, and Ireland. Defender of the Faith, etc. To our trusty & well beloved A. B. of E. in the County of D. Gent. S. M. of H. in the County of W. Esq. Greeting▪  
Whereas we are informed that R. D. of L. in the City of London Merchant, using and exercising the Trade of Merchandise by way of Bargaining, Exchange, Bartering and Chevisance, seeking his Trade of living by buying and selling, did become Bankrupt▪ within the several Statutes made against Bankrupts, to the intent to defraud and hinder T. B. of A. in the County of D. Gent. and W. P. of C. in the County of E. Esq; and others his Creditors of their just Debts and Duties to them due, and owing, We minding the due execution as well of the Statute touching Orders for Bankrupts in the Parliament begun and holden at Westminster the second day of April in the thirteenth year of the Reign of our dear Sister Elizabeth late Queen of England made and provided: As of the Statute made in the Parliament begun and holden at Westminster aforesaid, the nineteenth day of March, in the first year of the Reign of our late dear Grandfather King James of England, France, and Ireland, and of Scotland the seven and thirtieth, Entitled, An Act for the better relief of Creditors against such as shall become Bankrupt. And also of the Statute made in the Parliament begun & holden at Westminster aforesaid, the 19th day of February in the twenty first year of the Reign of our said late dear Grandfather K. James of England, France, and Ireland, and of Scotland the seven and fiftieth, Entitled, An Act for the further description of a Bankrupt, and relief of Creditors against such as shall become Bankrupt, upon trust of the wisdoms, fidelities, diligence, and provident circumspection which we have conceived in you do by these presents name, assign, appoint, constitute, and ordain you our special Commissioners, giving full power and authority, unto you, four or three of you, whereof you the said A. B. to be one according to the same Statutes, and every, or any of them not only concerning the said Bankrupt his body, Lands, Tenements, , & Customary Goods, Debts, & other things whatsoever, but also concerning all other persons which by concealment, claim, or otherwise do, or shall offend touching the premises, or any part thereof contrary to the true intent and meaning of the same Statutes, or any of them, to do and execute all and every thing & things whatsoever, as well for and towards satisfaction and payment of the said Creditors, as towards, and for all other intents and purposes according to the Ordinances and provision of the said Statutes, Willing and commanding you, four, or three of you whereof you the said A. B. to be one, to proceed to the execution and accomplishment of this our Commission according to the true intent and meaning of the same Statutes, with all diligence and effect, as our special trust is in you.  
Witness Ourselves at Westminster the, etc.    

What a Bankrupt is, and his Description.  
1. FIrst in General, the word 
His Name.  Bankrupt, is derived of the French word Banqueroutte, which signifieth a breaking, or becoming a Bankrupt: and Banquerouttier, signifieth a Bankrupt; and fair Banqueroute, is as much as solum vertere, with the Romans: the composition of the French word is from Banque, which is as much as Mensa in Latin, and rout, which is the same with Vestigium, taken for a sign or mark left in the place from whence a Table had been removed; in the same sense as we in English say a Cartroutte, viz. the remaining impression of a Cartwheel. The Original seemeth to be taken from the Roman Mensarii, who had their Tabernas and Mensas: (Tabernae being taken for Shops, so called a tabulis, quibus cla●debantur) and these were seated in public places, from which when they were disposed to slip away and delude their Creditors, they left only of these Shops some Vestigia, or signs behind them: Vide Cowel, & Minshaw verbo Bankrupt.  
(2.) In the Statute of 34 H. 8. cap. 
His description.  4. a Bankrupt is thus described: viz. Whereas divers and sundry persons, craftily obtaining into their hands great substance of other men's goods, do suddenly fly into parts unknown, or keep their Houses, not minding to pay, or restore unto any of their Creditors their Debts and Duties, but at their own wills and pleasures, consume the substance (obtained by credit) of other men, for their own pleasures and delicate living, against all equity and good Conscience.  
(3.) Now more particularly, A Bankrupt is set forth and described in the several Statutes made against Bankrupts, First, by his Quality and Occupation: Secondly, by his Demeanour and Carriage.  
(4.) For the first, as to his Quality 
His Quality.  and Occupation, he is thus described by 13 El. chap. 7. and 1 Jac. chap. 15. If any Merchant, or other person, using or exercising the trade of Merchandizing, by way of Bargaining, Exchange, Rechange, Bartry, Chevisance, or otherwise in gross, or by retail, or seeking his or their Trade of living by buying and selling, 
Subjects.  and being a Subject born of this Realm, or of any the Queen's Dominions, or Denizen, etc. Which Statute, as appears, extends only to Subjects born, or Denizens: but the Statute of 21 Jac. cap. 19 extends likewise to strangers; at the later end of which Statute there is this Proviso, viz. Provided further and be it enacted, etc. that this Act, and all other Acts of Parliament, heretofore made against Bankrupts, shall extend to Strangers born: as well aliens, as Denizens, 
Strangers.  as effectually as to the natural born Subjects, both to make them subject to the Laws as Bankrupts; as also to make them capable of the benefit or contribution, as Creditors by those Laws.  
(5.) A Shoemaker may be a Bankrupt, 
Shoemaker.  because he lives by buying of Leather, and selling of it again in Shoe. Crook part 3. fol. 31. Cramp and Barn. An Innkeeper is not within the Statutes of Bankrupts, for although he buy provision to be spent in his house, and utters it, yet he doth not properly sell it, but utters it at such Rates, as he thinks to be reasonable gains, and the Guests do not take it, or contract for it, at a certain price; and if he take excessive prices, he is indictable; and Innkeepers have many times Hay, Corn, etc. of their own growth, and their gains arise by the attendance of their servants, and furniture of their House and Rooms for the accommodation of his Guests. Crook 3 part. fol. 549. Crisp verse. Prat.  
(6.) The like I suppose may be said of a Tailor, for his Trade is not by buying and selling, but by making of the Garment, and in what he buyeth, he doth it, but as a servant to his Customers, and ought not to take any more than he lays out.  
(7.) Sir John Wolstenholm, one of the East-India Company, a person of 3000 l. lands a year; yet in regard he had a stock in that company, and received the proceed thereof, he was held to be within the Statutes of Bankrupts, although he did not get the greatest part of his living by buying and selling; notwithstanding the words of the Statute: [Seeking his or their Trade by buying and selling:] for the Statute shall be expounded beneficially for the Creditors: and it is not the Quality of a man's Person, or the greatness of his Estate, that exempts him out of the Statute. Hugh's Abridgement, fol. 315. Case 7.  
(8.) A Feme covert, sole Merchant in London (being such an one as driveth one Trade, and her Husband another) by the custom of that City may bring an action without her Husband, and be sued without her Husband, 1 E. 4. pag. 13. And if her Husband be named with her in an action brought against her, it is but for conformity: contra, if she exercise the same Trade with her Husband, although she buy and sell, etc. for it shall be intended as servant to her Husband: Crook 3 pag. fol. 69. also a feme covert sole Merchant, may give away and dispose of her goods without her Husband, 21 H. 7. 18. pag. 29. A Feme covert sole Merchant may be a Bankrupt, for if the Custom of London doth create in her a distinct property from her Husband in the goods she deals in: by the same reason she alone may become a Bankrupt, within the Statute, and her husband not included, and her husband be also a Bankrupt, and she not thereby included. Yet Quere, for the wife is sub potestate viri, by the Law of God, and Nature, from which no custom can exempt her; and her husband when he please may determine her sole Merchantship; and there it may seem reasonable, that his being a Bankrupt should involve her estate, and that her being a Bankrupt should involve his Estate, because it is by his permission and privity she drives a distinct Trade. Vide Stones Lecture 162. who is of opinion that if she absent herself, etc. and her husband be non-solvent, both will become Bankrupts, for it was his folly 〈◊〉 suffer her to be sole Merchant.  
(9) A Merchant giveth over h〈…〉 trading; and seven years after become non-solvent, for money he took up whi● he was a Merchant, he shall be a Bankrupt: Stones Lecture, fol. 7. contra, f 〈…〉 Debts contracted since he gave ove● Trading; so for Debts due before h● gave over trading, and continued upo● new security taken since he gave over h 〈…〉 trading. ibid.  
(10.) A Grazier that hireth ground● and buyeth  and feedeth them, and then sells them again, may be a Bankrupt, and is within the Statutes of Bankrupts, saith Stone: contra, if he graze his own : Stones Lecture 165. Yet Quere, of the last point, for if h● graze them in his own , yet notwithstanding he seeketh his Trade of living by buying and selling, though not wholly by buying and selling. Vide Sect▪ 7.  
(11.) A Clothier that sets poor people on work, but himself doth only buy the wool, and sell the Cloth, may be a Bankrupt; contra, if he work himself, and keepeth Looms and servants: saith Mr. Stone in his Lecture, fol. 165. but Quere of the last point; why he may not (although he work himself) be within the Statutes of Bankrupts, as well as a Shoemaker who buyeth Leather and makes it up into Shoes, and sells them: for a Clothier buyeth Wool, and makes it up into Cloth, and sells it. Vid. Sect. 5. A Scrivener may be a Bankrupt, by 21 Jac. chap. 19  
(12.) Thirdly, a Bankrupt is set 
Hi● demeanour.  forth and described by his Demeanour, or Carriage; which is, 1. his withdrawing himself: as it is in 34 H. 8. cap. 4. Whereas divers and sundry persons craftily obtaining into their hands great substance of other men's, do suddenly fly into parts unknown, or keep their houses: and by 13 El. cap. 7. he is said to be such an one as shall departed the Realm, or begin to keep his or their House, or Houses, or otherwise, etc.  
(13.) A Merchant or Trader, absents himself for fear of being arrested, by a Writ de excommunicato capiendo, so if a Decree in Chancery be made against him to make a Conveyance, and he withdraws himself for fear of being attached for not performing of the Decree: I● seems in neither of these cases doth his withdrawing make him a Bankrupt; contra, if the substance of the Decree had been for payment of Money, because in such case his withdrawing had been for Pay, to defraud, or delay the payment of his Debt: Stones Lecture, fol. 10. If he depart the Realm, and long time after his departure becomes non-solvent, his absenting himself in such case brings him within the Statutes of Bankrupts, ibid. 133.  
(14.) Secondly, Keeping of their Houses; withdrawing themselves, and keeping their houses, as it is in 13 Eliz. cap. 7. and 1 Jac. cap. 15. If a Trader upon notice of Process issued forth against him, keeps his house to secure himself from the arrest; and after goeth forth again; and then upon like notice keeps his house, and then again goeth forth: this bringeth him not within the Statutes of Bankrupts; because he uses to go at large, and his Policy will not always prevent the serving of Process on him, for he may be met withal unwittingly one time or other. Crook, part 3. fol. 13. pag. 6. If one that hath no house, sojourns sometimes at one place, and sometimes at another; yet if he appears not abroad as formerly, nor can be found as formerly, this is an absenting himself (as is conceived) within the Statute of 13 El. chap. 7. where the words are, or otherwise absents himself: the same words are in 1 Jac. cap. 15.  
(15.) Thirdly, taking of Sanctuary, ●s it is in 13 El. cap. 7. and 1 Jac. cap. ●5. There be no Sanctuaries now in England; therefore all privileged places where the King's Officers cannot come, ●re within these Statutes, as Stone conceives in his Lecture fol. 171.  
(16.) Fourthly, Such as shall suffer themselves willingly to be arrested: the words of the Statute of 13 El. cap. 7. ●re, Or suffer him or herself willingly to be arrested for any Debt, or other thing not grown, or due for moneys delivered, wares sold, or any other just or lawful cause: and by 1 Jac. chap. 15. It is, Or shall willingly suffer him, or herself ●● be arrested for any Debt, etc. ut supra● and then adds, or shall willingly, or fraudulently procure himself or herself to be arrested, or his or her goods, money, and chattels to be attaqued or sequestered▪ etc.  
(17.) A Merchant, etc. hath an impropriat Rectory, the Choir is not repaired, the Tithes are sequestered, it is 〈…〉 sequestration within the said Statute, fo● this is not his immediate procuring, although his default in not repairing th● Church, might be a mean to procure i● Stones Lecture 172.  
(18.) Fifthly, by suffering them 〈…〉 or herself to be outlawed, etc. 13 ●● cap. 7. 1 Jac. cap. 15. Quere, if the p●●ty reverse the outlawry before the Commission of Bankrupt sued forth; whether his being outlawed, be within th● Statute; and I conceive (with submission) it is not within the Statute; for 〈…〉 suppose the reason of this Clause may be, because the party by the out-lawry intitleth the King to his goods, etc. s● that his end in so doing may be conjectured to deceive his Creditors, which cannot be intended when he after reverseth it: By Stone one outlawed in Ireland it is not thereby a Bankrupt here, because the Record is not pleadable here, fol. 172.  
(19) Sixthly; Yielding himself or herself to prison. 13 El. cap. 7. 1 Jac. cap. 15. This I conceive is to be intended a voluntary yielding, and not when a man is imprisoned for nonpayment of a Fine, etc. or any refractory carriage; for although the Act which causeth the imprisonment be voluntary, yet the imprisonment itself is involuntary; but Quere, whether it be not a detention for Debt, within the following clause, mentioned hereafter in the next Section: for. I suppose the Fine, after it is once imposed, becomes a Debt; but yet it may not be within the meaning of the Acts, which were made for the relief of Creditors, only who had entrusted the party offending, and not for a Fine judicially imposed for some contempt.  
(20.) Seventhly, Or being arrested for Debt, shall after his or her arrest lie in prison six months or more upon that arrest; or upon any other arrest, or detention in prison for Debt; and lie in prison six months upon such arrest or detention, etc. 1 Jac. cap. 15. and in 21 Jac. cap. 19 It is thus; Or being arrested for Debt, shall after his or her arrest l● in prison two months or more, upon tha● or any other arrest, or detention in prison for Debt. 21 Jac. cap. 19 Suppose h● be arrested upon a Bond before the day of payment; for by the custom of London a Creditor may arrest a Debtor there before the day of payment to find sureties, Cook, lib. 8. 126. a. City of London● case: and lie in prison two months etc. I conceive this case to be within the Statutes, for the Debt ariseth upon the obligation, and is a Debt presently upo● sealing and delivery of the Deed; and I conceive the action for which he is arrested must be an action of Debt: although the end of that arrest is not to enforce the payment of the Debt, but t● find sureties in case the Creditor fea●● the Debtor to be too weak for his engagement; and in case the Debtor upon such arrest finds not sureties, his body is to continue in prison, as a pledge for th● Debt; like Law I conceive in case of a single Bill, or a Debt arising upon a contract; for it is a Debt presently and before the day of payment. Vide Crook part 2. fol. 300. Tynam vers. Bridges.  
(21.) Eightly, Or being indebted to any person or persons in the sum of 100 lib. or more, shall not pay, or otherwise compound for the same within six months' next after the same shall grow due, and the Debtor be arrested for the same, or within six months after an original Writ sued out to record the said Debt, and notice thereof given unto him, or left in writing at his or their dwelling house, or last plac●●f abode: 21 Jac. cap. 19  
(22.) Ninthly, Or being arrested for the sum of 100 lib. or more of just debt or debts, shall at any time after such arrest escape out of prison, or procure his enlargement by common or hired bail. And in the said cases of arrest, 
† Mentioned in 21 Jac. cap. 19  or lying in prison for such Debt or Debts, or getting forth by common or hired bail, he shall be judged a Bankrupt from the time of his first arrest. 21 Jac. cap. 19  
(23.) Tenthly, or shall either by himself, or others by his procurement, obtain any protection or protections; other than such person or persons shall be lawfully protected by the privilege of Parliament, 21 Jac. chap. 19  
(24.) Eleventhly, or shall prefer or exhibit unto his Majesty, his heirs or Successors, or unto any of the King's Courts any Petition or Petitions, Bill o● Bills against his or her Creditor or Creditors, or any of them, thereby desiring or▪ endeavouring to compel or enforce them, or any of them, to accept of le●●than their principal and just Debts, or t● procure time, or longer days of payment than was given at the time of their original contracts, 21 Jac. cap. 19  
(25.) Twelfthly, or shall make 〈…〉 cause to be made any fraudulent gra●● or conveyance of his, her, or their Lands▪ Tenements, Goods or Chattels, to th● intent, or whereby his, her, or their Creditors being subjects born, 
* Vid: sect. 4 Where it appears; that strangers are also included.  shall 〈…〉 may be defeated or delayed for the recovery of their just and true debts; ● it is in 1 Jac. cap. 15.  
(26.) In all which cases before recited, the Person offending is declared to be a Bankrupt, within the said Statutes: And the end or final cause of all such his demeanour, is expressed by 13 El. cap. 7. to be to defraud the Creditors of their just Debts, etc. and by 1 Jac. cap. 15. it is thus, To the intent that his, her, or their Creditors, being subjects born, shall or may be defeated or delayed from the recovery of their just and true Debts: ibid. And by 21 Jac. cap. 19 All the said Statutes shall extend as well to Aliens and Denizens, as to Subjects born.  

The punishment, and proceed against Bankrupts, by 34 H. 8. Cap. 4.  
(27.) Nota, By 21 Jac. cap. 19 it is enacted, that all Statutes and Laws formerly made against Bankrupts, and for relief of Creditors, shall be in all things largely and beneficially construed for relief of the Creditors.  
(28.) First, in General, He shall be 
In General.  accounted a Bankrupt to all intents and purposes; 13 Eliz. cap. 7. 21 Jac. cap. 19 1 Jac. cap. 15. and being a Bankrupt, he is presently disabled, as to the disposal of any part of his Estate, although it be to some of his Creditors; for he is utterly discredited by his becoming a Bankrupt, & 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 Precedent, Lord Privy-Seal, o● 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 Precedent, 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 virtue of the said Act, to take by their wisdom and discretion, such orders and directions, as well with the bodies of the said offenders, 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, etc. 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 offenders; and also with their moneys, goods, chattels, wares, merchandises and debts, wheresoever they may be found or known, etc. 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 King's Dominions, to defraud his Creditors; upon complaint thereof made in writing to the said Lords, having authority as aforesaid, they shall by virtue 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 King's 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 King's 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 offender's Creditors equally, etc. 34 H. 8. cap 4.  
(31.) Secondly, Touching the offenders 
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 offenders, 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 offenders, do make relation thereof to the said Lords, than they are empowered 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, etc. in their custody, or to be indebted to the offendor or offenders; 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 knowledge, of all and singular such goods, wares, debts, etc. as be suspected to be in his, or their custody, use, etc. 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, etc. 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 offenders, 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 craftily demanding any such debt, etc. shall forfeit the double of what he shall so claim, etc. to be levied and employed 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, etc. upon complaint thereof to them made, the Lords are empowered to convent before them the Recoverers; and after such fraud discovered the said goods, etc. 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, etc. to be viewed, rent, and appraised. Secondly, To make a sale of the said Lands, etc. 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 w●iting, signed with their hands, shall be good and effectual in the Law, to all intents, etc. against the offenders, their heirs and executors for ever, as if done and executed by the offenders 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 proceed against and punishment of the Bankrupt, by persons mediately authorised by Parliament.  
(36.) The next things considerable, are the proceed 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 whom obtained, the Lord Chancellor of England, or Lord Keeper of the Great Seal, for the time being, upon every complaint made unto him in writing, against any such person or persons being Bankrupt, shall have full power and authority by Commission under the Great Seal, to name and appoint such honest and discreet persons, as to him shall seem meet, etc. 13 Eliz. cap. 7. Secondly, by whom to be obtained, by the Creditors. Thirdly, when to be obtained, it must be within five years after that the party shall become a Bankrupt, or else it is not to prejudice purchasers. 21 Jac. chap, 19 the words of the Statute are, Provided that no purchaser for good and valuable consideration, shall be impeached by virtue of this Act, or any other Act against Bankrupts, unless the Commission, to prove him or her a Bankrupt, he sued forth against such Bankrupts, within five years after he or she shall become a Bankrupt. ibid. Family, The duration of the Commission, it is not determined by the Bankrupts death; for b● 1 Jac. cap. 15. it is thus enacted, Provided always, and be it enacted, that 〈◊〉 after any Commission of Bankrupts hereafter sued forth, and dealt in by the Commissioners, the offendor happen to die, before the Commissioners shall distribute the Goods, Lands, and Debts of the offenders, or any of them, by force of the aforesaid Statute of 13 Eliz. and this Statute, or either of them, That then nevertheless the said Commissioners shall and may in that case proceed to execution in, and upon the said Commission, for, and concerning the offenders goods, lands, tenements, hereditaments and debts, in such sort, as they might have done if the party offendor were living. 1 Jac. 15.  
(37.) If such, or such number of the Commissioners die, so that the rest cannot proceed▪ and thereupon a new Commission be granted to other Commissioners, they may call the surviving Commissioner or Commissioners before them, to give account for such part of the Bankrupts estate, whereof the old Commissioners made no distribution, as persons who have the Estate of the Bankrupts in their hands: Stones Lecture, fol. 19 and 187.  
(38.) Secondly, Note the authority given the Commissioners, so commissionated as aforesaid, by several Acts of Parliament: First, as touching the Bankrupt himself. Secondly, as touching his Estate.  
(39) First, as to the Bankrupt himself, 
To cause the Bankrupt to appear.  by the Statute of 13 El. chap. 7. it is thus set forth: And be it enacted, that if any such person or persons, which is, or shall be indebted, do of purpose withdraw him or themselves out of, or from his or their usual mansion house or houses, that then upon complaint thereof made to the said Commissioners, the same Commissioners, or the more part of them, shall by virtue and authority of this present A●● have full power and authority to awa●● five Proclamations, to be made in the 
Proclamations.  Queen's Name, upon five sundry Market-days, in such places, near the place when such Bankrupt hath most commonly dwelled, or made his abode; commanding hi● or them by the said Proclamations in the Queen's name; to return with all convenient speed; and to yield his, or their Body before the said Commissioners, or one of them, at such time and place, as by the said Proclamation shall be appointed: and if the said Person or persons do not according to such Proclamation, repair and yield his or their body as aforesaid, tha● then the body of all and every such offendor or offenders shall be judged, taken, and deemed to all intents and purposes out of the Queen's Protection; And that every person and persons, that shall willingly or wittingly, receive, detain, or keep secretly any person or persons so demanded by Proclamation, as is aforesaid, shall suffer such pain of imprisonment of his, or their bodies, or pay such Fine to our Sovereign Lady the Queen's Majesty, her heirs, and Successors, as the said Lord Chancellor, or Lord Keeper of the Great Seal, being informed thereof by the Commissioners so to be appointed, as is afore said, or the more part of them shall seem meet and convenient, for their said offence or offences. 13 Eliz. chap. 7.  
(40.) And by the Statute of 1 Jac. 
Warning left in writing.  chap. 15. The said Commissioners may call before them, or the greater part of them, the said Bankrupt; and it upon lawful warning left in writing, at three several times, at the dwelling place or house where the said Bankrupt his wife, or family for the most part of his abode did lodge, or remain, within one year next before, he, she, or they became Bankrupt; the said Bankrupt shall not appear before the said Commissioners, or the greater part of them, that then and from ●henceforth it shall be lawful for the greater number of the said Commissioners, to appoint to proclaim the said party a Bankrupt, at such public place. 
Proclamation.  or places where the said Commissioners, or the greater part of them, shall ●hink meet, warning him, her, or them, to appear before them, upon the said Commission at some time appointed▪ And that if upon five several Proclamations made in some public place, the party offending, appear not before the said Commissioners, and yield his, her▪ or their bodies to them, or some of the● the said Commissioners or greater par● of them, shall or may award a warrant 〈◊〉 such fit person or persons as they sh●● think meet to apprehend the body a●● bodies of the said offendor and offenders; and to bring him, her, or them● offending before the said Commissioners wheresoever the said party or parties 〈…〉 fending may be sound in places priv●ledged, or not, to be examined by 〈◊〉 said Commissioners, or the greater 〈◊〉 
Breaking open houses, etc. to take the Bankrupts.  of them, 1 Jac. chap. 15.  
(41.) And by 21 Jac. chap. 19 T● said Commissioners, or the greater p●● of them, in execution of the said Commission, or any other person or people by them to be deputed by their warr● or warrants under their hands or se● have power to break open the house 〈◊〉 houses, Chambers, Shops, etc. of the 〈◊〉 Bankrupt, where the said Bankrupt, 〈◊〉 his goods, etc. shall be; and to seize upo● and order the person, etc. of such Bar●rupt, as by former Laws are appointe● etc. 21 Jac. 19 And by 13 Eliz. ch● 7. The said Commissioners have power given them, to take order by their discretion with the body of the Bankrupt, wheresoever he or she may be had, either in his or her houses, Sanctuary, or elsewhere, etc. Ibid.  
(42.) Secondly, Observe the power of the Commissioners, as to the estate of the Bankrupt; and therein take notice, First, of what estate. Secondly, the means for the discovery, and obtaining of it. Thirdly, their disposal of it.   

Of what Estate of the Bankrupts the Commissioners may dispose.  
(43.) First, Of the Bankrupts real 
Real Estate.  Estate: Lands, tenements, and hereditaments, as well Copyhold, or Customary-hold, as freehold, which he or she shall have in his or her own right, before he or she became Bankrupt, etc. 13 El. chap. 7.  
(44.) It is made by Mr. Stone a Quere in his Lecture: That if there be two jointly, and the one become Bankrupt, and dies, whether his part shall be sold, because the survivor is not in by him. But it seems to me, that the Bankrupts partly shall be sold, and that there shall be no survivor in this case. First, because the Bankrupts moiety is bound by the Statutes, by his becoming a Bankrupt. Secondly, the Bankrupt had power to sell the same in his life time, and might departed with it, and so within the words of 13 Eliz. cap. 7. the words are [such use, interest, right or title, as such offendor or offenders that shall have in the same, which he or she may lawfully departed withal.] vide after Sect. 46. Thirdly, by 1 Jac. chap. 15. The Commissioners after the Bankrupts death, may proceed in execution, in and upon the Commission, for and concerning the offenders Lands, Tenements, etc. in such sort as if the offendor had been living; which they cannot do in the case before, if the survivorship take place.  
(45.) It was agreed by the Justices 
Copyhold.  that Copy-holds are within the intent and purliew of all the Statutes concerning Bankrupts, and may be sold by the Commissioners; some doubt whereof was made, because they are named in one clause of 13 El. and not in 1 Jac. chap. 15. or 21 Jac. chap. 19 for the same being in the first Statute, and the other Statutes being made in further confirmation and approbation thereof, they ought to be expounded liberally and shall be construed accordingly, to make as strong provision, as they may against the Bankrupt, Crook, 3. part 550. Crisp against Prat.  
(46.) And all such Lands, tenements, 
2. Lands purchased jointly with the wife.  hereditaments, as such person, [viz. the Bankrupt] shall have purchased, or obtained for money or other recompense jointly with his wife, children, or child, to the only use of such offendor or offenders, or such use, interest, right, or title, as such offendor, or offenders than shall have in the same, which he or she may lawfully departed withal, 13 El. cap. 7.  
(47.) A man purchaseth Lands to him, and his wife, and his son, and two years after he becomes a Trader; and four years after he becomes a Bankrupt, these Lands shall not be sold by the Commissioners of Bankrupt, and are out of the meaning of the Statute, for else none might know with whom to deal by way of marriage or otherwise, when a person who is not a Tradesman, settles Lands upon his wife and children, bonafide, and after becoming a Tradesman, and then a Bankrupt, the said Acts of Parliament shall overthrow a Conveyance so duly settled. Crook, 3 part. fol. 550. Crisp versus Prat.  
(48.) Lands, Tenements, etc. which 
3. Lands in trust.  any person or persons hath in trust to any secret use of any such offendor or offenders, etc. 13 Eliz. chap. 7. Lord and Tenant are; the Tenant makes a Feoffment to deceive the Lord of the Wardship, and then becomes a Bankrupt, these Lands shall be sold by the Commissioners, for although the conveyance was only fraudulent as against the Lord, yet there was a trust between the Feoffor and Feoffee, Stones Lecture, fol. 185.  
(49.) Manors, Lands, Tenements, 
4.  etc. conveyed or procured, or caused to be conveyed by the Bankrupt to any of his children, or other person or persons, except the same shall be purchased or conveyed for, or upon marriage of any of his or her children, both the parties married being of the years of consent, or some valuable consideration. 1 Jac. 15.  
(50.) A Tradesman in consideration of marriage, makes a conveyance of Lands, to the use of himself and his wife, and held to be within the Statute of 1 Jac. vide Stiles reports, fol. 288. Tucker verse. Cosh.  
(51.) Also the said Commissioners 
5. Lands conveyed upon condition.  have power to sell Lands and Tenements conveyed, upon condition; by 21 Jac. cap. 19 where it is thus, If any person that now is, or hereafter shall become a Bankrupt, have heretofore granted, conveyed, or assured, or shall 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 be lawful to and for the said Commissioners, or the greater part of them, before the time of the performance of such condition, to assign and appoint under their hands and seals, 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; And that the said Commissioners, or the greater part of them, shall after such tender, payment, or performance, have full power to sell, and dispose of such Lands, etc. so conveyed upon condition, for the benefit of the Creditors, as fully as they may sell or dispose of any the estate of the Bankrupt. 21 Jac. Chap. 19  
(52.) Quere, whether the Commissioners may not by the equity of this Stat. appoint one to enter, for a condition broken; As if a trader makes a Feoffment, upon condition to be performed on the part of the Feoffee; the Feoffee breaks the Condition, and before entry, the Feoffor becomes a Bankrupt: It should seem, the Commissioners may take advantage hereof; for the Statutes shall be liberally expounded for relief of the Creditors: if not, yet it seems to be comprehended within the words of 13 El. cap. 7. whereby power is given to the Commissioners, to take order and direction with the Bankrupts Lands, etc. for such use, interest, right or title, as such offendor or offenders shall have in the same, which word (Title) includes, as I conceive, an entry for a condition broken: yet Stone makes a quaere of it in his Lecture, fo. 12.  
(53.) Lands, Tenements, etc. entailed: 
Lands entailed.  The Commissioners, or the greater number of them, shall have power by deed indented and enrolled within six months, etc. to grant, bargain, sell and convey any Manors, Lands, Tenements or Hereditaments, whereof the Bankrupt is, or shall be in any wise seized in Tail, in possession, reversion or remainder (and whereof no reversion or remainder is or shall be in the King's Majesty, his Heirs or Successors, of the gift or provision of his Majesty, his Progenitors, Heirs or Successors:) to any person or persons, for the relief and benefit of the Creditors, of all such Bankrupts: And that all and every such grants, etc. shall be good and available in Law against the Bankrupt, his Issue, and all claiming by, from, or under him, since the time that he became Bankrupt: and also against all other persons, whom the 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 of the said Manors, Lands, Tenements or Hereditaments, 21 Jac. cap. 19  
(54.) Also Lands, Tenements, etc. 
Lands descended.  purchased by, or descended or come to the Bankrupt before his debts paid or agreed for, as appears by 13 Eliz. cap. 7. where it is thus; That if any person or persons, which is, or shall be published and declared to be a Bankrupt, by virtue of this Act, shall at any time hereafter, purchase any Lands, Tenements, Hereditaments, Free or Copy; or 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 fully be satisfied, and paid, or otherwise agreed for: That then the said Lands, etc. shall be sold by the said Commissioners, or the more part of them, for and towards the payment of the Creditors, in such manner, as other Lands, etc. of the Bankrupts, which they had when they were first declared to be Bankrupts, should or might have been, etc. 13 El. cap. 7.  
(55.) If after the commission awarded, etc. and distribution made of all the Bankrupts Estate, towards the satisfaction of the Creditors; every Creditor having an equal part: Lands, Goods, etc. descend or come to the Bankrupt; Mr. Stone makes a quere (foe 17.) whether in such case, they shall be subject also to a new sale or distribution: And it seems that they shall, for the Commissioners power is not fully executed until the Creditors be satisfied.  
(56.) The Commissioners have also 
Lands extended.  power to sell Lands, Tenements, etc. of the Bankrupts extended, by such as pretend to be accomptants to the King; by 21 Jac. cap. 19 It is thus; If i● shall happen any Lands, Tenements, etc. 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 accountant, or any ways indebted unto our Sovereign Lord the King's Majesty, his Heirs or Successors: That then, it shall and may be lawful, to and for the said Commissioners, to examine upon Oath, whether the said debt were due to such debtor or accountant, upon any bargain or contract originally made between such accountant, and the said Bankrupt, etc. and his or their Servants: And if the said Bargain or Contract was originally made, to and with any other person or persons, than the said Debtor or Accountant, or for the use or trust of anyother person or persons: Then 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, etc. 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 against the said extent; And that such person and persons, to whom the said Lands, etc. shall be bargained, sold, etc. by the said Commissioners as aforesaid, or the greater part of them, shall have good remedy to have, demand, and recover the same, against such person or persons that shall detain the same, etc. 21 Jac. cap 19  
(57) The Commissioners cannot 
Lands conveyed by the Bankrupt, bonafide.  sell any Lands; Tenements, Hereditaments, conveyed by any such Bankrupt (bonafide) before he became Bankrupt: At the later end of 13 El. cap. 7. there is such a Proviso, viz. Provided always, that this Act shall not extend to any Lands, Tenements or Hereditaments, free or copyhold, which heretofore hath been assured by any such Bankrupt; or hereafter shall be assured by any Bankrupt, before he became Bankrupt; so that always such assurance be made, bonafide, and not to the use of the Bankrupt himself only, or 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, 13 El. cap. 7.  
(58.) It was resolved (Cook lib. 2. 26. a. case of Bankrupts) by the Court, That the Proviso concerning gifts and grants (bona fide) doth not make any gift or grant good, which the Bankrupt made, after that he became Bankrupt, but to exclude him out of the penalty of the Act: I suppose this resolution should be applied to that part of 13 El. cap. 7. which imposeth the penalty or forfeiture of double the value, for detaining or possessing fraudulently by covin or collusion any debts, etc. Lands, Tenements, etc. of the Bankrupts, other than such as are due, etc. and the same to proceed bona fide, without fraud or covin, etc. although in Poulton, the said Book and resolution be quoted in the Margin opposite to the Proviso; before set down in Sect. 57  
(59) Also the Chattels and Goods 
Personal Estate.  of the Bankrupts are saleable, etc. by the Commissioners, 13 El. cap. 7. 
I. Chattels Real.   
Chattels real, as Leases for years. A Lease for years is made, Provided that the Lessee shall not alien; the Lessee becomes a Bankrupt; It is a Quaere in Mr. Stones Lecture. fo. 15. whether the sale of the Commissioners to be a forfeiture? To which it may be answered in the negative, that it is not, because this interest is transmitted by Act of Parliament, to which every man is intended party, and not by sale of the Lessee.  
(60.) Offices are likewise mentioned 
Offices.  in 13 Eliz. cap. 7. and made saleable by the Commissioners; which by Stone in his lecture fo. 13. is intended to be Offices of Inheritance, etc. as the Warden of the Fleet, and such like, and not Offices of Trust, etc. And by 3 H. 7. cap. 12. any Offices which concern the administration of Justice or Clerkship in any Court of Record, or which concern the King's Treasure, Revenue, Customs, &c. cannot be bargained or sold for Money, but such bargain and sale is void; and both buyer and seller made incapable, etc. Therefore doubtless, such offices cannot be assigned by the Commissioners, in satisfaction of a Debt of the Bankrupts, nor are comprehended within the said Statute, there being other Offices that may be sold, and so the words of the Statute satisfied; and Offices of Trust are individually annexed to the person; vid. Coke lib. 9 48. a. The Earl of Sbrewsburies' case.  
(61.) Secondly, The Bankrupts personal 
2. Chattels personal.  Estate, Goods or Chattels of the Bankrupt, wheresoever to be found; by 13 El. cap. 7. are made saleable by the Commissioners: They may sell a Bankrupts goods in Ireland, Stone in his Lecture fo. 90. A. hath an advowson, the Church becomes void, and then A. becomes a Bankrupt: It is made a Quere by Mr. Stone in his Lecture, whether the Commissioners may sell it; and I suppose it may be answered negatively, that they cannot sell it; for it is a thing in Action, and so not saleable by the Common Law; and no particular power is given by any of the Acts for sale of it, as there is for sale of Debts due to the Bankrupt, as hereafter appeareth: And without doubt, if the Commissioners present any one for money, it is Simony.  
(62.) Leases, Goods, Chattels, or Debts of the Bankrupt, by him conveyed or procured to be conveyed or transferred to any of his Children, or other person or persons, except the same shall be purchased, conveyed, or transferred, for or upon marriage of any of his or her children, both the parties married being of years of consent, or some valuable Consideration, 1 Jac. cap. 15.  
(63.) Any Goods or Chattels that shall by any means come unto the Bankrupt, before such time as his Debts shall be satisfied or agreed for; as well as other Chattels which the Bankrupt had, when first declared to be a Bankrupt, 13 Eliz. cap. 7.  
(64.) Goods and Chattels extended of the Bankrupts, by pretended accomptants or debtors to the King; vide devant, Sect. 56.  
(65.) Goods and Chattels of the 
Goods extended.  Bankrupt extended, or taken in execution. Goods of the Bankrupts were extended by virtue of a Statute; and the extent was before he became Bankrupt, but the Liberate after; and held that they could not be sold by the Commissioners of Bankrupts; because being extended they are in Custodia Legis, so that the cognizors have no power to give, sell, or otherwise dispose of them: And although the Cognizee hath no absolute property in them by the extent, and before the Liberate, because at the return of the Liberate, he may refuse them, if he will: yet that is for the advantage of the Cognizee, and the Cognizor hath no property in them, but only in case where the Cognizee refuseth them; for the goods are bound by the Teste of the Writ of extent or execution sued: and when the liberate is sued, it hath relation to the extent; and they are but as one extent: Crook, part 3. 149, 150. Audley versus Halsey.  
(66.) Goods and Chattels, whereof 
Goods possessed by the Bankrupt.  the Bankrupt hath the possession and disposal as his own: The words of the Statute are, Whereas many persons before they become Bankrupt do convey their goods unto other men, upon good consideration, and yet keep the same, and are reputed owners thereof, and do dispose of the same, as their own, Be it enacted, that if any person or persons shall become a Bankrupt, and at such time as they shall so become a Bankrupt, shall by the consent and permission of the true owners or Proprietors, have in their possession, order, and disposition, any of the goods or chattels, whereof they shall be reputed owners, and take upon them the sale, alteration, and disposition of them as owners, the Commissioners, or greater number may sell, and dispose of the same, for the benefit of the Creditors. 21 Jac. 19  
(67.) Goods or Chattels passed away upon condition, or power of redemption by the Bankrupt, 21 Jac. 19 vide, before Sect. 51.  
(68) Debts due to the Bankrupt 
Debts.  are saleable, by 13 El. cap. 7. expressly; and although they are transferred into other men's names, by 1 Jac. chap. 15.  
(69.) In an action upon the Case brought for words spoken by the Defendant against the Plaintiff, the Plaintiff recovered of the Defendant for Damages and Costs, twelve pounds: And after the execution sued, and money levied by the Sheriff (before the return of the Writ) the Plaintiff becomes a Bankrupt, and the said twelve pounds is assigned by the Commissioners to the creditors, and the money being brought into Court, the Plaintiff [now a Bankrupt] moves for it; and the Creditors to whom the same was assigned, likewise moved for it; and by Jones and Hid Justices, the assignment was good, because it was the Bankrupts Debt, and forfeitable by out-lawry: but Whitlock and Crook Justice's contra; because the Sheriff levying of the money before the party became a Bankrupt, it was in Custodi● legis, and the Creditors cannot give a discharge, nor are they parties in Court, and if the Judgement should be reversed, not compellable to make restitution: and afterwards it was judged accordingly; and that the money be delivered to the plaintiff, he acknowledging satisfaction: also it was said, that the money was not the Plaintiffs until paid out of Court. Crook, part. 3. 166, 167. Benson verse. Flower and Backwel.  
(69. A. hath one in execution for Debt, and then he becomes a Bankrupt, the Commissioners assign the Debt, if the party escape, whether may this Assignee have an action of escape: this is a Quere in Mr. Stones Lecture, fol. 9 And I conceive may be answered in the affirmative; for by Westminster 2. chap. ●1. Debt is given in such case against the Jailor by the equity of that Statute, [for the words extend only to Accomp●ants.] And by 1 Jac. chap. 15. It is thus: That the Commissioners of Bankrupt, or the greater part of them shall have power to grant and assign, or otherwise to order and dispose all or any of the Debt due; or to be due, to and for the benefit of the said Bankrupt, by what person or persons soever, or in what manner or form soever, to the use of the Creditors of the said Bankrupt, according to the true intent of the former Statute of Bankrupts: And that the same grant, assignment, or disposition of the said Debts, in form aforesaid, to be made by the said Commissioners, or any part of them, shall so vest the property, right, and interest of the said Debt and Debts, in the person or persons of him, her, or them, to whom it shall be granted, etc. by the said Commissioners, as fully to all intents and purposes, as if the said Bill, Bond, etc. Judgement, or Contract, whereon the said Debt, or Debts shall arise or grow, had been with the person or persons to whom the same shall be granted, etc. And that after such grant, assignment, or disposition: neither the Bankrupts, nor any other shall have power to receive, recover, or release it, etc. 1 Jac. 15. So that by the assignment, the Debt is vested to all intents and purposes in the Grantee, as if he had been the original Debtor, might have had his action against the Sheriff, therefore the Grantee: and the Statute shall be liberally expounded for the relief of Creditors, especially, seeing in this case the Assignee or Grantee, is without any remedy for the Debt, if he cannot relieve himself against the Sheriff.  
(70.) And Mr. Stone in his Lecture makes another Quere, whether he that comes in as Creditor, and hath a debt made over unto him by the Commissioners, etc. may not be barred notwithstanding by the Statute of limitations. And it may be answered that he shall be barred, for neither of the Statutes gives the Assignee any larger power, etc. than the original debtor had: also the Statute of limitation, was made for quieting of men's estates, and avoiding of Suits, which Statute, shall not be taken away without special words.  
(71.) Such things as the Bankrupt 
Thin disposed of by the Bankrupt.  himself disposed to the satisfaction of some of the Creditors, after that he became a Bankrupt, for the Statute of 13 Eliz. chap. 7. is, That the Commissioners must distribute to the Creditors share and share alike, etc. and that every such bargain, sale, etc. shall be good and effectual against the offenders and all persons, etc. And if the debtor after that he becomes a Bankrupt, may prefer one Creditor before another, it would be unreasonable, and a great defect in Law, that after he hath utterly discredited himself by becoming a Bankrupt, the Law should intrust him with the distribution of his Goods. Cook, lib. 2. 25. b. 26. a. Case of Bankrupts.   

Now observe the means of discovery, and obtaining of the Bankrupts Estate.  
(72.) It is enacted by 21 Jac. chap. 19 that the Commissioners, in execution 
Break open Houses.  of their Commission, 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, or appointed by their warrant or warrants under their hands and seals, may break open the house or houses, chambers, shops, warehouses, doors, trunks, or chests of the Bankrupt, where the said Bankrupt, or any of his goods, or estate shall be, or reputed to be, and seize upon and order the Body, goods, chattels, ready money, and other estate of such Bankrupt, as by former Laws are limited and appointed, etc. 21 Jac. cap. 19  
(73.) Next by examination and punishment 
Examination of persons by the Commissioners.  of persons: 1. The Bankrupt himself, they may compel him to come before them: vide before Sect. 39) They have power to examine him upon oath, upon such interrogatories touching his Lands, Tenements, goods, chattels, debts, bills, bonds, books of account, and such other things as may tend to disclose his or their estate, or the secret grants, conveyances, and ●loyning of his, her, or their Lands, Tenements, goods, money and debts, as they shall think fit, 1 Jac. chap. 15.  
(74.) Then observe the Bankrupts punishment in case of his refractoriness or deceit: first, for his not appearance before the Commissioners, vide before Sect. 39) Secondly, in case he refuse to be examined, or answer not fully to every interrogatory to him to be administered by the said Commissioners or the greater part of them, it shall be lawful for the said Commissioners, or the greater part of them, to commit the said offendor or offenders to some straight or close imprisonment, there to remain, until he, she or they shall better conform him, or herself: 1 Jac. chap. 15.  
(75.) Thirdly, For his perjury: If 
Bankrupts perjury.  upon his, her, or their examination, it shall appear that he or she, or they have committed any wilful or corrupt perjury▪ tending to the hurt or damage of th● Creditors of the said Bankrupt, to the value of 10 lib. of lawful money of Enggland, or above; the party so offending shall or may be thereof indicted, in any of the King's Majesty's Courts of Record, and being lawfully convicted thereof, shall stand upon the Pillory in some public place, by the space of two hours, and have one of his Ears, nailed to the Pillory and cut off: 1 Jac. cap. 15.  
(76.) Fourthly, For the Bankrupts 
His fraud.  fraud: And if any Bankrupt shall upon his or her examination to be taken before the said Commissioners (executing the said Commission) be found fraudulently or deceitfully to have conveyed away his or her goods, chattels, lands, tenements, offices, etc. or other estate, or any part thereof to the value of 20 lib. or above; to the end and purpose to hinder the execution of this Statute, or of any other the aforesaid Statutes, or thereby to defraud, or delay, or hinder his or her Creditors of the same; and shall not upon his or her examination, discover unto the said Commissioners, and (if it lie in his or her power) deliver unto the said Commissioners, all that estate, goods, and chattels, so fraudulently and deceitfully conveyed away as aforesaid, or by him, or her, his or her means kept or detained from the said Commissioners: or that cannot make it appear unto the said Commissioners, that he or she hath sustained some casual loss, whereby he or she is disabled to pay what he, or she than owed; the offendor shall or may be indicted for such fraud, or abuse at the Assizes, or general Sessions, to be holden, before the Judges of Assize, or Justices of Peace, of the County or place, where he, or she shall become Bankrupt: and if upon such Indictment, or Indictments, the Bankrupts be thereof convicted, he, or she so convicted, shall be set in the Pillory in some public place, for the space of two hours, and have one of his, or her ears nailed to the Pillory, and cut off. 21 Jac. cap. 19  
(77.) Secondly, By examination of 
Wife of the Bankrupt.  the Bankrupts wife: After such time as any person shall by the said Commissioners, executing the said Commission, or the greater part of them, be lawfully adjudged, or declared to be a Bankrupt, the said Commissioners, executing such Commission, shall have power and authority upon oath to examine the wife and wives of all and every such Bankrupts, for the finding out and discovery of the estate and estates, goods, and chattels of such Bankrupt or Bankrupts, concealed, kept, or disposed of by such wife or wives, in their own persons, or by their own act or means, or by any other person or persons: And that she, and they, the said wife and wives shall incur such danger and penalty, for not coming before the said Commissioners, or for refusing to be sworn, or examined; or for not disclosing of the truth, upon her, or their examination or examinations, as in and by the former Laws, or either of them, is already made and provided against any other person or persons in like cases: 21 Jac. chap. 19  
(78.) Thirdly, By examination of 
Other persons.  other persons. Any person known or suspected to have any of the Bankrupts estate, debts, etc. Wherein note▪ First, the power of the Commissioners to bring them before them; the Commissioners upon complaint made to them by any party grieved, knowing, supposing, or suspecting any of the goods, chattels, wares, Merchandizes, or debts of such offendor or offenders, 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 offendor or offenders, and 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 more part of them shall have full power and authority to send for, and call before them, by such process, ways, and means, as they shall think convenient, all and every such person or persons, so known, or suspected to have any such goods, chattels, wares, etc. in his or their custody, use, occupation, keeping, or possession, or supposed, or suspected to be indebted to such offendor or offenders: And secondly, to examine them: upon their appearance, the Commissioners may examine them, and every of them, as well by their oaths, as otherwise by such means as the said Commissioners, or the more part of them shall think fit, for and upon the specialty, certainty, and true declaration and knowledge of all and singular such goods, chattels, wares, merchandizes and debts, of any such offendor or offenders, as be supposed, or suspected to be owing to any such offendor or offenders, 13 Eliz. chap. 7.  
(79.) And in the next and third 
Refusing to come before the Commissioners.  place, take notice of the punishment of such other persons; first, for their refusing to come before the Commissioners, or to be sworn and make answer. And by the Statute of 1 Jac. chap. 15. It is set forth, that no good means was appointed by 13 Eliz. either by imprisonment, or other penalty, to procure persons to be suspected to have any part of the money, goods, chattels, or debts of the said offenders, or to be indebted to them, to come before the Commissioners, or to be examined by them, etc. and then enacts, That if any person, or persons being known, supposed, or suspected, to have or detain any part of the lands, tenements, or hereditaments, goods, chattels, or debts of the said Bankrupt, or to be indebted to, or for the benefit of the said Bankrupt, shall after lawful warning to the said person or persons given, to come before the said Commissioners, or the greater part of them, to be examined, refuse to come, or shall not come before the said Commissioners at the time appointed, having no lawful impediment (such as shall be allowed by the said Commissioners, or the greater part of them;) or that any such person or persons, having knowledge or warning of any other assembly, or meeting of the said Commissioners shall not come and appear before them, at such time, as he or she may lawfully come, having no such lawful impediment, as shall be then made known to the said Commissioners, and by them admitted, and allowed 
Refusing to be sworn, and answer.  as aforesaid. Or being come before them, shall refuse to be sworn, and to make answer to such interrogatories as shall be ministered to him or them, according to the true intent and meaning of the said Statute of 13 Eliz. or of this Act: That then it shall be lawful for the said Commissioners, or the greater part of them, to commit to such ward or prisons, as to them, or the greater part of them, shall be thought meet, all such 
Their punishment.  person and persons, as so refuse to be sworn, and make answer to such Interrogatories, as shall be so administered as aforesaid: 1 Jac. 15.  
(80.) And also to direct their warrants to such person or persons, as to them, or the greater part of them shall be thought meet, to apprehend and arrest such person and persons as shall refuse to appear before them as aforesaid, and to bring him, her, or them, before the said Commissioners, or the greater part of them, to be examined as aforesaid; and upon their refusal, to commit them to such Prisons as the Commissioners shall think meet, there to remain without Bail or Mainprize, until their submission to the Commissioners to be examined, etc. 2 Jac. cap. 15.  
(81.) But by 13 Eliz. cap. 7. in case any such person or persons, upon examination, do not discover the truth touching the said things whereof they are examined by the Commissioners as aforesaid, or do deny to swear, he is to forfeit double the value of the thing concealed, (vid. apres, forfeiture,) which doubtless is not taken away by 1 Jac. cap. 15. but the imprisonment is thereby added as a further penalty; and to force the parties suspected to have any of the Bankrupts Estate, to come before the Commissioners and make a discovery: Also it may be observed, that the Statute of 13 Eliz. mentioneth only the concealing of the personal Estate, but 1 Jac. cap. 15. Extends to Lands, Tenements, etc. as before, that are so withheld or concealed.  
(82.) Thirdly, For their Perjury. 
Their Perjury: 1 Jac. cap. 15.  If any person or persons, other than the Bankrupt, either by subornation, unlawful procurement, sinister persuasion or means of any others, or by his own act, consent or agreement; shall wilfully and corruptly commit any manner of wilful Perjury, by his deposition to be taken before the said Commissioners, or the greater part of them, as aforesaid; That then the party or parties so offending; and all and every person and persons, that shall unlawfully and corruptly procure any such unlawful, wilful, and corrupt Perjury, shall or may therefore be indicted in any of the King's Majesty's Courts of Record; and after his or their conviction thereof, shall inour such forfeiture, and receive and suffer such pains and punishment as are limited by the Statute made concerning Perjury, (viz. 5 El. cap. 9) Now the punishment appointed for Perjury by that Statute is, That the person committing Perjury shall forfeit 20 l. and endure half a years imprisonment without Bail or Mainprize, and his Oath never after to be received, etc. And if he hath no Goods or Lands of that value; then he is to be set in the Pillory, in some Market-Town, and to have both his ears nailed, and to be disabled to be a Witness in any Court of Record, vid. 5 Eliz. cap. 9 and by the same Stat. of 5 Eliz. the Procurers of Perjury are to forfeit 40 l. and if they have no Estate of that value, then to suffer half a years imprisonment, without Bail or Mainprize, and to stand in the Pillory by the space of an hour, and in some Market-Town next adjoining to the place where the offence was done, and never after to be admitted to be a Witness in any Court of Record.  
(83.) Fourthly, Concealing of the 
Concealing the Bankrupts Estate.  Bankrupts Estate: Any person being known or suspected to have any Goods, Chattels, etc. of the Bankrupts, or to be indebted to him, if he doth not upon examination disclose, and plainly declare his knowledge concerning the Premises, or doth deny to swear; Then every such person (upon due proof thereof before the Commissioners, by Witness, Examination, or otherwise, as they shall think fit) shall lose and forfeit double the value of such Goods, Chattels, Debts, etc. by them or any of them so concealed, 13 Eliz. cap. 7.  
(84.) Fraud: If any person or persons 
Fraud▪  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 offendor or offenders, other than such as he or they can and do prove to be due by right and conscience for money paid, 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 covin; That then every such person or persons so craftily demanding, having 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, 13 Eliz. cap. 7.  
(85.) The said Forfeitures of double 
Forfeitures how employed.  the value in both the cases before mentioned, are to be levied and employed by the Commissioners, as followeth, viz. The said Commissioners, or the more part of them is to levy the same of the Lands, Tenements, Hereditaments, Goods and Chattels of the persons offending, by such ways and means, and in such manner and form as is before limited and appointed for the principal offendor or offenders, debtor or debtors▪ and the same forfeiture or forfeitures to be distributed and employed to and for the satisfaction and payment of the debts of the said Creditor or Creditors, in such manner, rate and form, as is by 
Vid. Post  the Statute declared concerning the ordering of the Lands and Tenements, Offices, Fees, Goods and Chattels of such offendor or offenders, debtor or debtors, 13 Eliz cap. 7.  
(86.) Over-plus: And if it shall fortune 
Overplus.  the Creditors of any such Bankrupt to be satisfied and paid off their debts and duties, of or with the proper Lands, Tenements, Goods, Chattels, and Debts of the said Bankrupts, or of o● with the same and some part of the forfeitures of the said double values, to be forfeited as aforesaid; and that there shall remain an overplus of the said forfeitures of the double values; That then one moiety thereof shall be by the said Commissioners, within convenient time after the levying thereof, paid unto the Queen's Majesty, her Heirs and Successors; and the other moiety shall be by the said Commissioners employed and distributed to and amongst the Poor, within the Hospitals, in every City, Town or Country, where any such Bankrupt shall happen to be, 13 Eliz. cap. 7. But the forfeitures by 1 Jac. cap. 15. [being for Perjury and suborning of Perjury] is by the said Act to be sued for, and recovered by the Creditors only, or any of them that will sue for the same, by action of Debt, Bill, Plaint, or Information in any of the King's Courts of Record; and the sum and sums of money so recovered, (the charges of suit being deducted) shall be distributed, and divided towards the payment of the said Creditors of the said Bankrupt, 1 Jac. cap. 15.  
(87.) The allowance to Witnesses: 
Allowance to Witnesses.  Provided always, That such Witnesses as shall be sent for by the Commissioners, shall have such Costs and Charges as the Commissioners in their discretion shall think fit: The same charges to be rateably born by the Creditors of the said Bankrupt, according to the proportion of each of their several Debts, 1 Jac. cap. 15.   

The next thing to be considered, is the manner of the ordering and disposal of the Bankrupts Estate by the Commissioners.  
(88) First, in General, The Commissioners 
In General.  may according to their discretion, order the estate of the Bankrupt for the Creditors satisfaction, 13 Eliz. 
In Particular.  cap. 7. Secondly, more Particularly, First, by views and appraisement; The Commissioners may cause the Bankrupts Lands, Tenements, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandises and Debts, to be searched, 
View, appraisement.  viewed, rent, and appraised, to the best value they may, 13 Eliz. cap. 7.  
(89.) Secondly, by Sale: 1. To whom 
Sale.  may they sell? The Statute of 13 Eliz. cap. 7. is, that the Commissioners may sell, without mentioning to whom; and by 21 Jac. 19 which giveth power to the Commissioners to sell entailed lands, it is to any person or persons; which surely is intended to persons capable, and not to aliens, although they be Creditors.  
(90.) Thirdly, Of what? Of all 
of what.  Lands, Tenements, Hereditaments, and Deeds, Evidences and Writings touching the same; and of all Fees, Offices, Goods and Chattels of ●he offendor, as is before set down.  
(91.) Fourthly, in what Manner? 
How.  as to the Lands, Tenements, Goods and Chattels in general of the Bankrupts; the sale is to be by Deed Indented and enroled in any of his Majesty's Courts of Record, or otherwise to be ordered by the Commissioners, for satisfaction of the Creditors, 13 Eliz. cap. 7. And therefore, although the sale be not by Deed enrolled, according to the words of the Act, yet it is good enough, Cook, lib. 2. 25. 26. case of Bankrupts: A Rend Sack, whereof there is no seisin, shall be sold, and the sale is good without Attornement; Stones Lectur●, 174. quere.  
(92.) As to lands entailed of the Bankrupt, 
Entailed Land●.  the Commissioners, or the greater number of them, are empowered by 21 Ja●. cap. 19 by Deed Indented and Inolled within six months after the making thereof, in some of his Majesty's Courts of Record at Westminster, to grant, bar gain, sell and convey any Manors, Lands, Tenements, or Hereditaments, whereof any Bankrupt is or shall be 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 King's 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, 21 Jac. cap. 19 vide before Sect. 53.  
(93.) As to Copyhold; or customary 
Copyhold.  Lands, they are to be sold by Deed Indented and Enrolled in any of his Majesty's Courts of Record, etc. as other the Lands and Estate of the Bankrupt are appointed to be by 13 Eliz. cap. 7. But by the same Statute it is provided, That all and every person or persons, to whom any such sale of Copyhold, or customary Lands or Tenements shall be made; shall, before such time, as they or any of them, shall enter or take any profits of the same Lands or Tenements; agree, &c compound with the Lords of the Manors of whom the same shall be holden, for such Fines or Incomes as heretofore have been most usually and accustomed to be yielded or paid therefore▪ And 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 manors; 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 said Manors, for such estate or Interest as to them shall be sold, and reserving the ancient Rents, Customs and Services; but also, in the same Court▪ admit them Tenants of the same Copy or Customary Lands, as other Copy-holders' of the same Manors have been wont to be admitted, and to receive their fealty accordingly, 13 Eliz. cap. 7.  
(94.) A Copyholder surrenders, & before admittance cestuy que use; becomes a Bankrupt; The Commissioners sell the Copyhold, whether shall the Lord have 2 Fines, viz. one upon the admittance of which should have been made to cestuy que use, if he had not become a Bankrupt; and another upon the admittance of the person that comes in by sale of the Commissioners of Bankrupts: and this is a quere in Mr. Stones Lecture, fol. 137. and it is there compared to a surrender made by the Heir before admittance, which is held to be good, but not to prejudice the Lord of his Fine due upon the Descent, Cook, lib. 4. 226.  
(95.) If the Vendee of a Copyhold tender to the Lord a competent Fine, and the Lord refuse it; The Vendee may enter, Stones Lecture, 176. The Commissioners may sell Copyhold entailed, which by custom may be entailed and cut off, otherwise, if there be no such custom, Stones Lecture, 176. I conceive, if there be no such custom, than it is in nature of a Fee-simple conditional at the Common Law, and then if the condition be performed, viz. if the Copyholder hath issue, etc. the Commissioners may fallen it, as I suppose.  
(96.) As to a Condition, Lands, Goods, etc. of the Bankrupt, made over by him upon condition or power of Redemption, the Commissioners before the time of the performance of the condition, may appoint under their hands and seals, such as they shall think fit to perform the condition; and after such performance, shall dispose of such lands or goods for the Creditors advantage, as fully as of any other of the Bankrupts Estate, 21 Jac▪ Cap. 19 vid. devant, Sect. (51.)  
(97.) As to lands, etc. extended by a pretended Debtor or accountant to the King, after that the party shall become a Bankrupt, 21 Jac. cap. 19 vid. Sect. 56. where it is set forth at large.  
(98.) As to debts owing to the Bankrupt, vid. before Sect. 68 Suppose a Bankrupt be indebted to one 20 l. and to another 10 l. and hath a debt of 20 l. due to him by Bond; whether may the Commissioners assign the Bond to the two Creditors jointly; and it was held by the Court, that it was to be divided and assigned according to the words of the Act, viz. to every Creditor a portion, part and part-like: Then another question was offered, whether the Assignees might join in suit; and by Warberton, one of the Justices, part being assigned to one, and part to another, the Act of Parliament doth so operate upon it, that they shall sue severally: for he said, by the custom of London, part of a debt might be attached, Godbolts Reports, 195. p. 282.  
(99) Thirdly; Note, the distribution 
Distribution of the Bankrupts Estate.  made by the Commissioners, of the Bankrupts Estate, wherein observe; first, to what Creditors in general: It is enacted by 21 Jac. cap. 19 That the said Act, and all other Acts of Parliament formerly made against Bankrupts, should extend to strangers born, as well Aliens as Denizens, as effectually as to the natural born Subjects, both to make them subject to the Law, as Bankrupts, as also to make them capable of the benefit of contribution, as Creditors by those Laws: So, that satisfaction is to be made to all, as well Aliens as Denizens, etc.  
(100) Also, It is enacted by 21 Jac. cap. 19 That for the better distribution of the Lands, etc. Goods, Chattels, etc. of the Bankrupt, to and amongst his Creditors; 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 or Creditors, as shall seek relief by such course of Commission to be sued forth, etc. 21. Jac. 19  
(101. A. and B. are sureties for I S. for the payment of Money, and had Counter-Bonds from I S. to save them harmless, the money was not paid at the day, the sureties pay it: I S. after becomes a Bankrupt; Resolved, that A. and B. were Creditors, within the Statutes of Bankrupts: Crook, part 2. 127. Osborne and Churchman's case; Mr. Stone in his Lecture, fol. 18. makes a Querie; whether, one becoming a Creditor to the Bankrupt after that he had notice that he was a Bankrupt, might be a Creditor, relievable within the Statutes: To which it may be answered in the negative; for if the Law disables him to dispose of his Estate, (after he becomes a Bankrupt) directly Than he cannot dispose of it by a mean, viz. by becoming a Debtor, and so to make his Lands and Goods liable to his Debt, if in the case before, such a Creditor were relieveable: and Stone seems to be of the same opinion, when he saith; A Bankrupt is committed to Prison, because he will not answer Interrogatories, the Gao ler gives him credit for victuals, he shall not be relieved, although he come in before distribution, fol. 183:  
(102.) A Merchant is imprisoned, and after becomes a Debtor to A. and then the six months' pass, A. is a Creditor relievable; for he is not a Bankrupt by relation, Stones Lecture, 182. The Statute of 21 Jac. cap. 19 makes one a Bankrupt by relation from the time of his Arrest, only in two cases, viz either when he makes an Escape, or comes out upon common Bail, which enumeration I suppose, excludes (relation) in other cases, in a penal act of Parliament.  
(103.) A Bankrupt is convicted for inmates, and the Statute gives an action of Debt in such case to the Lord of the Leet, etc. he is no Creditor, within the Statute of Bankrupts; Stones Lecture, fol. 21. for I conceive this is not properly a Debt, but only a means given to recover a Forfeiture, and by Stone, a Mortgages of Lands may choose whether he will come in as a Creditor, fol. 181. There is before a special provision for satisfying of a condition by payment of the money, etc. by which it is intended, that the Mortgagee was never to be accounted as a Creditor.  
(104.) It was decreed in Star-Chamber, that a Merchant for a wrong done by him to I. S. should pay him ●ol. and the Merchant becomes a Bankrupt, IS. is no Creditor, Stones Lecture, 184. for this is no Debt due for moneys borrowed, or upon any original contract; but only a payment laid on by the Court, and an action of Debt (as it is conceived) lies not for it; but only the party is to be punished by the Court, if he perform not the decree.  
(105.) Secondly, more particularly, any Creditor coming in within four months after the commission sued forth by 1 Jac. cap. 15. The words are; And that it shall and may be lawful for any of the Creditors of the said Bankrupt, within four months after any such Commission shall be sued forth, and until distribution shall be made by the said Commissioners for the payment of the Bankrupts debts, as in such case hath been used to partake and join with the other Creditors that shall sue forth any such Commission for satisfaction or payment of his, her, or their debts to him or them owing, without any let, hindrance or disturbance of any of the same Commissioners, or of any of the other Creditors of the said Bankrupts: the same Creditors so coming in, to contribute to the charge of the said Commission: and that if the Creditors come not in within four months, than the Commissioners to have power to distribute: 1 Jac. chap. 15.  
(106.) In a Case of one Ruggles of Suffolk, upon view of the Statutes of 13 El. c. 7. & 1 Jac. c. 15. of Bankrupts, it was resolved by the Court, that if certain Creditors sue a Commission, and others within four months after, or more, being Creditors, come before distribution, and will join in the charge of the Commission, and all that belongs to it, and tender their parts thereof: that they shall not be refused, but shall have their equal parts, as Creditors; but if any distribution be made of any part of the estate, no Creditors are to be admitted after, that came not in before: Hobart, 287. Ruggles Case.  
(107.) A Commission was sued out by some of the Creditors of the Bankrupt, and they pursued it; and the Lands were sold, & after other Creditors prayed to be joined with them: Resolved in this case, First, That the Commissioners may sell and prepare for distribution, presently upon the execution of the Commission, but until the four months' past, they may not proceed to distribution▪ Secondly, That in this case the offer of the Creditors, to be joined was not an effectual offer, without offering to be contributory to the charge, but to offer any particular sum is not necessary; and these words (for the charge of the Commission) are to be extended to all charges, arising in suing forth of the Commission, and in execution, and defence thereof. Thirdly, Resolved, That at any time before distribution, the Creditors may come & pray to be joined, but after the four months' past, and distribution made, they come too late for so the distribution may be made void ' Hutton 37, 38. Ruggles case, Hugh's Abridgements, 316. Case 2.  
(108.) Next, observe the time of 
Time of distribution.  satisfaction, or distribution, it seems it must not be, until four months after the Commission sued forth; for so much time is given to other Creditors to come in and join in the Commission, and if the Creditors come not in within that time, the Commissioners may distribute, 1 Jac. chap. 15.  
(109.) The manner of the distribution: No respect is to be had to the nature 
Manner of distribution.  of the security, for by 13 El. 7. the Commissioners are to sell, or otherwise to order the Bankrupts estate, for true satisfaction and payment of the Creditors, rate and rate like, according to the Quantity of his or their debts, 23 El. chap. 7. A debt due to the Bankrupt by Bond, cannot be assigned to two of his Creditors jointly, but part to one and part to another, and by virtue of the Statutes, they may sue severally. etc. Godbolts Reports, 195.  
(110.) The Commissioners ought to make a several distribution to the Creditors, and not a joynt-sale, for the Act saith 
† 13 ●● 7.  it must be to every one, rate, and rate-like, but where a debt is jointly due, there the Commissioners may satisfy the same, by a joint sale to them, Cook, lib. 2. 26. b. Case of Bankrupts.  
(111.) All and every Creditor, and Creditors, having security for his or their several debts by Judgement, 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 virtue of any custom 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 Judgement, Statute, Recognizance, Specialty, Attachments, or other security for any more than a ●●ateable part, of their just and due debts, with the other Creditors of the said Bankrupts, without respect to any such penalty or greater sum contained in any Judgement, Statute, Recognizance, Specialty, etc. or other security, 21 Jac. chap. 19 I suppose security by Mortgage of Lands, cannot be within this Statute, for there is particular provision for the same, in the same Statute, 21 Jac. 19 nor are lands extended as it seems within the said clause, by reason of the words before, [whereof there is no execution or extent served or executed.]   

The next thing considerable is, the effect of the distribution, made by the Commissioners, as aforesaid.  
(112.) First in general, as to Lands, Tenements, Hereditaments, goods, chattels, and other estate of the Bankrupt: by 13 Eliz. chap. 7. It is enacted, That every direction, order, bargain, sale, and things done by the said persons, so authorized [viz the Commissioners or greater number of them] shall be good and effectual in the Law, to all intents, constructions and purposes, against the said offender or offenders, debtor or debtors, his or their wife or wives, heir and heirs, child and children, and such person and persons, as by joint purchase with the said offender or offenders, shall have any estate, or interest in the premises; and against all other person and persons, claiming by, from, or under such offender or offenders, debtor or debtors, by any Act or Acts; had, made, or done, after any such person shall become Bankrupt, as aforesaid; and also against the Lords of the Manors. etc. [vide after for Copy-holds,] 13 Eliz. chap. 7. But not to bar any purchaser upon valuable consideration, unless the Commission be sued forth within five years after the party becomes a Bankrupt; by 21 Jac. chap. 19  
(113.) Secondly, As to Lands entailed 
Lands entailed.  of the Bankrupts: the Statute gives power to the Commissioners to grant, bargain, and sell by deed enrolled, Lands, etc. entailed of the Bankrupts, [vide devant, Sect. 53.] and then adds, that all and 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 issue of the bodies, of such Bankrupts, and against all, and every person or 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 such person or persons whatsoever, whom the said Bankrupt, by common Recovery, or other way or means might cut off, or debar from any remainder, reversion; rend, profit, title, or possibility, into or out of any of the said Manors, Lands, Tenements, or hereditaments: 21 Jac. chap. 19  
(114.) Thirdly as to the Copy holds, 
Copyhold.  the sale and disposition of them▪ shall be good against the Bankrupts, to all intents and purposes, and against his or their wife or wives, heir and heirs, in like manner, as before for his other estate, Sect. 45. for there is no distinct clause for the Copy-holds; viz. And also against the Lords of the Manors, whereof the said Customary, or Copyhold Lands been holden, their Heirs, Successors, and Assigns, and every of them: and there is a Proviso added, That the Vendees of such Copy-holds shall compound for their Fines with the Lords before entry: vide Sect. 93. before.  
(115.) The sale of the Commissioners doth vest the Copyhold estate, so in the Vendee before admittance, that the said Bankrupt cannot be said to be Tenant; and therefore if he dle before admittance, his wise shall not have any Customary estate, which by the custom she ought to have, when her husband dies Tenant; the Vendee is only excluded by the Statute from entry, or taking of the profits, before composition made with the Lord, which is only for the Lords benefit, and not the Copy-holders'; also it was held, that after composition for the time, and the admittance of the Vendee, it shall relate to divest all Customary estates happening since the sale, and before the said composition and admittance. Crook, part 3. 568, 569. Parker vers. Edith Bleek.  
(116.) If two joint-tenants be of Copyhold ●ands in Fee, and the one out of Court according to the custom, surrender his part to the Lords hands, according to the custom, to the use of his last will, and by his will deviseth a part to a stranger in fee; and dieth; and at the next Court the surrender is presented▪ by the surrender and presentment the Jointure was severed, and the Devisee ought to be admitted to the moiety of the Lands, for now by relation, the state of the Land was bound by the surrender. Cook, sur Litt. 596.  
(117.) As to the debts due to the 
Debts due to the Bankrupt.  Bankrupt, The Commissioners have power to grant, assign, or otherwise to order and dispose all or any debts due, or to be due, to, or for the benefit of the Bankrupt, by any person or persons whatsoever, or in what form soever, to the use of the Bankrupts Creditors, according to 13 Eliz. chap. 7. And that the same grant, assignment, or disposition of the said debts, shall so vest the property, right, and interest of the said debt and debts in the person or persons to whom the same shall be so granted, assigned, etc. as fully to all intents and purposes, as if the Bonds, Bills, Statutes, Judgements, or contracts, whereupon such debt or debts did arise, or grow, had been made to or with the person or persons to whom the same shall be so assigned: And that after such grant, assignment, or disposition made of the said debts, neither the Bankrupt, nor any other to whom any such debt shall be due, shall have power to recover the same, nor to make any release or discharge thereof, neither shall the same be attached, as the debt of the Bankrupt, or such said other person or persons to whom the same shall be due, by any other person or persons, according to the custom of the City of London, or otherwise, But that the party or parties to whom the said debt shall be assigned, shall have like remedy to recover the same, as fully and lawfully in the name, or names of the person or persons to whom the same shall be so granted, assigned, or ordered by the said Commissioners, in all respects and purposes, as the party himself might have had: 1 Jac. chap. 15. Provided always, that no debtor of the Bankrupt be hereby endangered for the payment of his or their Debt, truly and bona fide, to any such Bankrupt, before such time as he shall understand, or know that he is become a Bankrupt, 1 Jac. chap. 15.  
(118.) To give means of Recovery; As to the debts of the Bankrupt, assigned by the Commissioners; the assignee, shall have the like remedy to recover the same, as fully and lawfully, as the party himself. 1 Jac. chap. 15.  
(119.) The Assignees of the said debts may sue for them in their own names, because they are debts, transferred by Parliament; but yet notwithstanding, in case the action of debt arise upon a Contract, the Defendant may wage his Law; for although the Parliament transferred the debt, yet it is no debt upon Record. Croke, part 2. 105. bradshaw's Case. A debt due by bond, assigned to two Creditors severally, they may sue severally for it: Godbolts Reports, fol. 195.  
(120.) As to Lands, etc. of the 
Lands extended.  Bankrupt extended by any pretended debt or accountant to the King, after such time as the Bankrupt becomes a Bankrupt; such person or persons to whom the Commissioners, or major part, shall bargain, sell, grant or assign the said Lands, etc. shall have good remedy, to demand and recover the same, against such persons as detain the same. 21 Jac. chap. 19  
(121.) As to Lands, Tenements, etc. of the Bankrupts conveyed away upon condition the Commissioners have power to appoint one or more to perform the condition, vide devant, Sect. 51. 
Creditor barren.   
(122.) Another effect of the Commissioners distribution, is to bar the Creditor: if any Creditor of the Bankrupts, shall not be fully satisfied, or otherwise contented, by such means as the Statute appointeth, they may have their remedy against the Bankrupt (as before they had) for the remainder, and shall be only barred for so much as they are satisfied, or contented for, and no more: 13 El. cap. 7.  
(123.) Lastly, to restore the capacity 
Capacity of Bankrupts.  of the Bankrupt: The Bankrupt to have the overplus of his estate if any be, after that the Creditors are satisfied. And that the said Bankrupts after the full satisfaction of the said Creditors shall have power and authority to recover & receive the residue and remainder of the Debts to them owing. 1 Jac. chap. 15.  
(124.) Next observe, the account of 
recount.  the Commissioners to the Bankrupt: such of the said Commissioners as shall put the said Commission in execution shall upon lawful request to them made by the Bankrupt, not only make a true declaration to the said Bankrupts of employing and bestowing of their said Lands, Tenements, offices, Fees, goods, chattels, and debts so paid and satisfied to their said Creditors, but also make payment of the overplus of the same (if any such be) to the said Bankrupts, their executors, administrators, or assigns. 13 Eliz. chap. 7.  
(125.) Remedy for the Commissioners in any action brought against them for acting by force of the said Statutes, they may plead not guilty, and justify by the authority of the said Acts, and the Plaintiff to reply the son tort de mesme: and if the Verdict pass for the defendant, he shall have Costs: 1 Jac. cap. 15.     

THE TABLE.  

ABsenting himself makes a Bankrupt, Sect. 2, 12, 13, 14.  
Account made by the Commissioners to the Bankrupt, Sect. 124.  
Allowance made to Witnesses appearing before the Commissioners, Sect. 87.  
Appearance of the Bankrupt before the Commissioners, and their power to enforce it, Sect. 30, 39 of other persons suspected to have any of the Bankrupts goods, Sect. 78.  
Appraisement of the Bankrupts Estate, Sect. 88  
Arrest, a Trader suffering himself willingly to be arrested, makes him a Bankrupt, Sect. 21.  
Attachment of a Traders goods makes him a Bankrupt, Sect. 16. 17.  
Authority of Commissioners immediately appointed by Act of Parliament, Sect. 29, 30, etc. of Commissioners mediately appointed by Lord Chancellor, Sect. 39, 40.   

B  
BAil, coming out of prison upon common Bail▪ make a Bankrupt, Sect. 22.  
Bankrupt, his name, Sect. 1. his Description in general, Sect. 2. more particularly from Sect. 4. to 26. his incapacity, Sect. 28. Proceeding against him by persons immediately authorized by Parliament, Sect. 29, 31, 32. By persons mediately authorized as Commissioners, Sect. 36. their authority, as to the Bankrupts person, Sect. 39 his Estate, 43, usque ad 49. his capacity restored, Sect. 123.  
Barr, The effect of the Commissioners disposing of the Bankrupts Estate to bar others, Sect. 112, 113.   

C  
CApacity of the Bankrupt taken away Sect. 28. restored, Sect. 123.  
Chattels of the Bankrupt to be disposed by the Commissioners, Sect. 59, 61, 62, 63, etc.  
Clothier may be within the Stat. of Bankrupts, Sect. 11.  
Commission of Bankrupts granted by the Lord Keeper, Sect. 36. within what time, and duration of it, Sect. 36.  
Commissioners of Bankrupts, how made, Sect. 36. their authority. 39 etc. their account to the Bankrupt, Sect. 124.  
Composition, endeavouring to enforce a Composition by a Trader makes him a Bankrupt, Sect. 24.  
Condition, Commissioners may fulfil it, Sect. 51.  
Copy-holds, valuable by the Commissioners, Sect. 45. Distribution of them, 114, 115, 116.  
Creditors, orders taken by the Commissioners as to their satisfaction, Sect. 88, 89, etc. the effect of the distribution, Sect. 112, 113.   

D  
DEbts due to the Bankrupt saleable Sect. 68, 69. the remedy the persons to whom they are saleable have to recover them, Sect. 117, 118, 119.  
Discovery of the Bankrupts Estate, Sect. 32. breaking open Doors, etc. 72. examination of Persons, Sect. 73. Punishment, Sect. 74. Examination of Bankrupts wife, Sect. 77. other persons, Sect. 78. Punishment of them, Sect. 79, 80, 82, 83, 84, 85.  
Disposition of the Bankrupts Estate by the Commissioners, Sect. 88, 89. of what, 90. in what manner, 91. as to Lands in tail, 92. Copyhold, Sect. 93, 94. Lands made over upon Condition, Sect. 96. Debts, 98. to what Creditors, 99 etc. not within four months, Sect. 107. manner of Distribution, Sect. 109. effect thereof, Sect. 112.   

E  
EScape out of Prison makes a Bankrupt, Sect. 22.  
Effect of the Commissioners distribution, as to Lands, Sect. 112, 113. Copyhold, 114, 115, 116. as to Bankrupts Debts, 117, 118, 119. to bar the Creditor, Sect. 122. to restore the Bankrupts capacity. Sect. 123.  
Estate of the Bankrupt subject to sale: as such as was by him jointly purchased, Sect. 46. not what was conveyed by him away before he became Bankrupt, Sect. 57 Also the Bankrupts Chattels are saleable by the Commissioners, Sect. 59, 61, 62, 63. Goods extended, 65. Goods of which the Bankrupt disposed as his own. Sect. 66.  
Examination of the Bankrupt himself touching his Estate, Sect. 73. Of his Wife, Sect. 77. Of persons suspected to have the Bankrupts Estate, Sect. 78.  
Exposition of Statutes made against Bankrupts; They are to be largely and beneficially expounded, for the relief of Creditors, Sect. 27.   

F  
FEme Covert, sole Merchant, within the Statute of Bankrupts, Sect. 8. power of the Commissioners to examine the Bankrupts Feme, 77.  
Forfeiture, for refusing to be examined by the Commissioners, or delivering the truth to them, Sect. 32. 81.  
Fraud, fraudulent Gifts make the Giver a Bankrupt, Sect. 25. the Bankrupts fraud punished, Sect. 76. fraudulent Recoveries against him, Sect. 34.   

G  
Grazier, within the Statute of Bankrupts, Sect. 10.   

H  
HIding himself, makes a Bankrupt, Sect. 12. 14.   

I  
IMprisonment; Power of Commissioners to imprison the Bankrupt, Sect. 39 other persons, Sect. 73.  
joint-tenants, whether sale made by Commissioners, prevents survivor-ship, Sect. 44. Lands saleable, which were jointly purchased by the Bankrupt, Sect. 46.  
Innkeeper, not within the Statute of Bankrupts, Sect. 5.  
Entailed Lands of the Bankrupt, subject to the Statutes, Sect. 53.   

K  
KEeping in his house, makes a Bankrupt, Sect. 12. 14.   

L  
LImitation of Action's, whether that Statute extends to Bankrupts debts, Sect. 70.   

M  
MErchant, what Merchant is within the Statute of Bankrupts, Sect. 4, 5, 6, 7, etc.  
Mortgagee, may choose whether he will come in as a Creditor, Sect. 103.   

O  
OFfices saleable by Commissioners, Sect. 60.   

P  
PErjury, of the Bankrupt himself, how punishable, Sect. 75. of other persons, Sect. 82. procurement of Perjury, 82.  
Petition, to enforce Creditors to compound, makes the Petitioner a Bankrupt, Sect. 24.  
Prison, yielding himself to Prison, and lying there 6 months, makes a Bankrupt, Sect. 19, 20, 21. vide Arrest.  
Proclamation made for the Bankrupt, Sect. 39,  
Property, how the sale and distribution made by the Commissioners vesteth the property, Sect. 112, 113, 114, etc.  
Protection obtained makes a Bankrupt, Sect. 23.  
Punishment of a Bankrupt, he shall be out of the King's protection, Sect. 31. 39  
Pillory, 75, 76. of the Bankrupts Wife, Sect. 77. other persons, Sect. 79, etc.   

Q  
QVality of any person, exempts not him out of the Commission of Bankrupts, if he be a Trader, Sect. 7.   

R  
REcovery, means of Recovery of the Debts of the Bankrupt assigned over, Sect. 118.  
Relation, in what case the party shall be judged a Bankrupt from the time of his Arrest, Sect. 22.   

S  
SAle, the Commissioners authority to sell the Bankrupts Estate, Sect. 35. of what Estate, Sect, 43, 44, 45, etc. to whom 89. in what manner, Sect. 91. etc. the effect of their sale, Sect. 112.  
Sanctuary, keeping of Sanctuary, makes a Bankrupt, Sect. 15.  
Satisfaction, vide disposition.  
Shoemaker, may be within the Statute of Bankrupt, Sect. 5.  
Scrivener may be a Bankrupt, Sect. 11.   

T  
TAil, Lands entailed saleable, Sect. 53. 92.  
Taylor, not within the Statutes of Bankrupt, Sect. 6.  
Trust, Lands made over in Trust for the Bankrupt, saleable by the Commissioners, Sect. 48.   

U  
UTlagary, a Traders suffering himself to be outlawed, makes him a Bankrupt, Sect. 18.   

W  
WArning, left for a Bankrupt to appear before the Commissioners, being not observed, he may be proclaimed a Bankrupt, Sect. 40.  
Witnesses, their allowance, Sect. 87.   
The End.   

THE RESOLUTIONS OF THE Judges, Upon 13 Eliz. and 27 Eliz. the Statutes touching Fraudulent Conveyances. By Way of APPENDIX; By The Same Author.   

The Resolutions of the Judges, etc.  
(1.) THe Statute of 13 El. cap. 5. is 
Fraudulent Conveyances, 13 El. Chap. 5.  made perpetual by 25 El. cap. 5. The words are; For the avoiding and abolishing of feigned Conveyances, covenous and fraudulent Feoffments, Gifts, Grants, and Alienations, Conveyances, Bonds, Suits, Judgements and Executions, as well of Lands and Tenements, as of Goods and Chattels; which have been and are contrived or devised of malice, fraud, coven, collusion or guile; to the end to delay, hinder or defraud Creditors and others of their just and lawful Actions, Suits, Debts, Accounts, Demages, Penalties, Forfeitures, Herriots, Mortuaries, and Reliefs; not only to the let or hindrance of the due course and execution of Law and Justice: but also to the overthrow of all true and plain dealing between man and man, etc.  
(2.) Be it therefore declared, ordained and enacted, that all and every Feoffment, Gift, Grant, Alienation, Bargain and Conveyance of Lands, Tenements, Hereditaments, Goods and Chattels, or any of them; or any Lease, Rent, Commons, or other profit or charge out of the same, or any of them, by writing or otherwise; and all and every Bond, Suit, Judgement and Execution, at any time had or made since the beginning of the said Queen's Reign, or at any time hereafter to be had or made to or for any intent or purpose before declared and expressed; shall be from henceforth deemed and taken [only against the persons their Heirs, Successors, Executors, Administrators and Assigns, whose Actions, Suits, Accounts, Damages, etc. by such Practices, may or shall be in any ways disturbed] to be clearly and utterly void: Any pretence, colour, feigned consideration, expression or use, other matter or thing to the contrary notwithstanding  
(3.) And be it further enacted, That all and every the parties, to such feigned, covenous, or fraudulent Feoffment, Gift, Grant, Alienation. Bargain, Conveyance, Bonds, Suits, etc. and other things before expressed; and being privy, and knowing of the same, or any of them, which at any time after the 10th day of June next coming, shall wittingly and willingly put in ure, avow, maintain, justify or defend the same, or any of them, as true, simple, and done, or made bona fide, and upon good consideration; or shall alien or assign any of the Lands, Tenements, Goods, Leases, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof; shall incur the penalty and forfeiture of one years' value of the said Lands, Tenements, Hereditaments, Leases, Rents, Commons, or other profits out of the same; and the whole value of the said Goods and Chattels, and so much money as shall be contained in any such covenous and feigned Bond: The one moiety thereof to the Queen's Majesty, the other to the party grieved, by such feigned and fraudulent Gift, Grant, etc. to be recovered in any of the Queen's Courts of Record, by Debt, Bill, Plaint, or Information; wherein no essoin, protection, or wager of Law shall be admitted for the Defendant or Defendants: And he also, being lawfully convicted, shall suffer imprisonment for half a year, without Bail or main prize.  
(4.) Prouisoes: First, that the Statute 
What the Statute extends not to.  shall not extend to common Recoveries, etc. Secondly, nor to any person or persons that shall use any voucher in Formedon. Thirdly, Nor to any Conveyances made upon good consideration, and bonafide to any person or persons, corporation, etc. without covin, etc.  
(5.) Between Pauncefoot and Blunt 
Gift made by a Papist.  in the Chequer Chamber, the case was; Pauncefoot being a Papist, was indicted for his recusancy, and he made a gift of all his Leases and Goods upon colourable consideration, and fled beyond Sea, and was after outlawed upon the said Indictment; and some thought, that by the Common Law, the said gift was void, in regard it was in prejudice of the Queen; but all agreed that the said Statute of 13 Eliz. extends to it; for it extends not only to Creditors, but to all such as have any cause of action or suit, or any penalty or forfeiture: And it was also resolved, that this word, Forfeiture, shall be intended, not only of a forfeiture upon an Obligation, Recognizance, etc. but to every thing lawfully forfeited to the King, or a Subject: and therefore 
Felon  if a man to prevent a forfeiture by felony, or outlawry, makes a gift of all his Goods, and after is attained or outlawed, these Goods are forfeited, notwithstanding the Gift, Cook, lib. 3. 82. 
Per Heir of Debtor.   
(6.) It was held, that the Statute of 13 Eliz. cap. 5. extends to a fraudulent conveyance made by the Heir of the Debtor, of lands descended to him from his deceased Ancestor, as well as by the Debtor himself; for in such case the Heir is Debtor, and the Writ against him is in the debet and detinet, whereas against an Executor it is in the detinet only, Croke, part 1. 350. p. 1.  
(7.) It was found by a special Verdict; 
Gift upon Condition.  That a Testator was seized of divers Goods, to the value of 250l. and by covin to defraud his Creditors, he made a gift of the said Goods to his Daughters, with a condition, that upon payment of 20 s. it should be void, and died; this was held to be a fraudulent gift, by 13 Eliz. cap. 5. and that notwithstanding it, the Goods continued Assets, Croke, part 1. 810. p. 16. Bethel and dw. Stanbope.  
(8.) An Executrix makes a fraudulent 
Gift by Executrix, who continues possession.  gift of the goods of the Testator, and intermarrieth; and her husband taketh upon him payment of Debts, etc. The Goods being still in their possession, were held to be still Assets, Croke, part 1. 406. p. 16. Wilcotts, verse. Watson.  
(9) A man maketh a Lease for 80 
Consideration.  years of Lands, without any consideration; and he after settleth a Jointure upon his Wife of the same Lands; she could not avoid that Lease, because the Conveyance to her was likewise voluntary, and without any valuable consideration, Croke, part 1. 445. p. 8. Vpton and Bassett.  
(10.) Pierce was in debt to Twine 
Gift pending a writ.  400 l. and to C. 200 l. C. brought Debt against Pie●ce, and pending the Writ, Pierce being possessed of goods to the value of 300 l. in secret makes a general gift of all his Goods and Chattels, real and personal whatsoever, to Twine, in satisfaction of his debt; and yet notwithstanding Pierce continueth in possession, and some of them he sold, and he marked the sheep with his own mark: And after C. had a Judgement against Pierce, and a Fieri Facias to the Sheriff, who coming to make execution by force of the Writ, divers persons by Twines Command resisted the Sheriff, claiming the goods as Twines by force of the said gift: and this was resolved to be a fraudulent gift; and that in the said case there were 
Marks of Fraud.  these several marks of fraud: First, the gift is general, without any exception, so much as of wearing apparel: Secondly, the Donor continueth in possession: Thirdly, it was secret: Fourthly, it was made pending the writ: Fifthly, here was a Trust between the parties, for the donor still useth the goods as his own: Sixthly, the words of the Deed are, that it was made honestly, truly, and bonafide, & clausulae inconsuetae inducunt suspicionem, Cook, lib. 3. 81. Twines case.  
(11.) Secondly, it was resolved in 
Consideration bona fide.  the same case, that although here were a Debt due to Twine, and a good consideration of a gift, yet it was not aided by the same Proviso in 13 Eliz. which was, that the said Act should not extend to any Estate or Estates made upon good consideration, and bona fide; for this is not bona fide, because it is upon a Trust, and no gift shall be construed, to be bona fide, within the said Statute, that is made upon a Trust, Cook, lib. 3. 81. Twines case.  
(12.) And it is my Lord Cook's advice 
Advice touching Gifts.  in the said case, that when any gift is to be made in satisfaction of a debt: First, that it be publicly done before Neighbours: Secondly, that the goods, etc. given, be appraised by honest men: Thirdly, that the Donee presently after the gift, take possession; for the continuance of possession in the Donor, is a mark of Trust, Cook, lib. 3. 81. Twines case.  
(13.) One held divers lands of divers Lords by Herriot custom; and to defraud one of the Lords of his Herriot, he made a fraudulent gift of all his beasts Herriottable, viz. of 20 Horses: The Lord, who was hereby grieved, bringeth Debt upon 13 Eliz. tam pro Domina Regina quam pro seipso, demanding the value of the 20 Horses; and by Dyer and Harper, it was well said, by intendment of the Statute; for it may be, he shall never come to seize his Herriot, and if he shall recover but the value, the Queen shall have the one Moiety: But Manwood held contra; for the other Lords are as recompensable for their Herriots, as the Plaintiff: and Harper held, that all the Lords might join in an action; but quere, saith Dier, 35 1. p. 23.  
(14.) Upon communication of marriage 
Proviso, to determine, etc.  between Sir R. G. and the Lady S. the said Sir R. G. promised, before the affiance, to assure unto her 1000 l. per an. for her Jointure (his estate being then 12000 l. per an.) and thereupon she married him, without any assurance or covenant in that behalf: After, he conveyed by Deed lands of great value to some friends of the Ladies [then his Wife] to the use of the said Lady for term of 100 years, if she so long lived, to commence after his death, and it was endorsed on the back of the Deed, that the intent was, that when there should be a Jointure of 1000 l. per an. settled on her, according to the first agreement, the Lease should be void: and it was held, that this was no fraudulent Lease, notwithstanding the Proviso, to determine it at the Husbands will; for the Court took diversity between the case above, and when a Lease is made with a Proviso, That if the Lessor pay 10 s. etc. the Lease to be void, because in the later case, the smallness of the sum payable, makes it apparent to be only a power of revocation; and such a Lease a purchaser shall avoid; And the Court held, that the Lease aforesaid being made in pursuance of the first promise, although no mention of a Lease was therein made, yet it was grounded upon a good consideration, and not fraudulent: And although it was objected, that the Lady had concealed the Lease, during her Husband's life, and therefore it should be fraudulent, etc. yet, it was answered thereunto by the Chief Justice; That actions ought to have their resort to the first original, and the Lease being good at the first, the concealment cannot make it ill, Croke, part 2. 455. p. 13. Dame Griffin, verse. Stanhope.  
(15.) Scire Facias [upon a Judgement 
Evidence.  in Debt, against T. H. who died] against the Terre Tenants, they pleaded a Feoffment made by T. H. long before the Judgement, absq, hoc, that he was seized at the time of the Judgement, or after: and issue being thereupon taken, the Jury found the Feoffment, & that it was made by covin to defraud the Plaintiff and other Creditors; and judged for the Plaintiff, for T. H. remained still seized as to the Creditors, notwithstanding the Feoffment: But if issue had been directly taken, enfeoffed, or not enfeoffed, it had been found against the Plaintiff; for in such case, he must avoid the Feoffment, by covin, specially pleaded: but here the Issue being seized or not seized by the Feoffment, the covin may be given in evidence, Hobert, fol. 72. Humberton vers. howgil.  
(16.) Debt brought by Hawes vers. 
Fraudulent gifts of Goods.  Leader as Administrator of Tho. Cookson: the Case was, that Tho. Cookson for 20 l. did grant unto the Plaintiff all his Goods mentioned in a Schedule, annexed to the Deed, and gave possession by a Pewter-dish, with a covenant safely to keep them, and to deliver them unto the Plaintiff upon demand, and bound himself in 40 l. to perform the Covenant; Tho. Cookson dies, and the Plaintiff demands of the Defendant (being the Administrator of Cookson) the goods, who refused to deliver them, and hereupon the Plaintiff brought his action; the Defendant pleaded the Statute of 13 Eliz. cap. 5. and that Cookson was indebted to divers in sums amounting to 100 l. [naming in particular, the persons and the sums] and being so indebted, makes the said gift, being then of those and other goods possessed, to the value of 80 l. and no more; and that the Deed was made by fraud between them, to deceive his Creditors, and the Plaintiff demurred: First, because the Defendant avers not that the Debts were unpaid: Secondly, because he doth not show that the debts were due by Specialty, for an Administrator is not liable to other debts: Thirdly, the Defendant supposeth, that the delivery of the goods would be a devastavit in him which cannot be; for the goods in the Plaintiffs hands, are liable to Creditors, as Executor, de son tort demesne, if the Deed be fraudulent: Fourthly, It may be the Creditors will never sue, and then the Defendant might detain the goods for ever, which is inconvenient: Fifthly, the Defendant is not a person enabled by 13 Eliz. to plead that Plea; for the Statute makes the Deed void only against Creditors, but not against the party himself, his Executors, or Administrators, judged for the Plaintiff, Croke, part 2. 270. p. 3. Hawes verse. Leasder.  
(17.) This fraud need not be pleaded: 
Fraud need not be pleaded, but given in evidence.  In debt brought against the heir upon an obligation made by his father, the defendant pleaded nothing by descent; and it was found that before the suit begun, the defendant had made a Feoffment in Fee of all his Lands, to defraud the Plaintiff of his action, but this fraud was not pleaded: Resolved by the Court, it need not be pleaded specially, but only given in evidence: First, because 13 Eliz. provides generally, that the estate as to the Creditors shall be void; and Acts of Parliament made to suppress fraud, shall be favourably interpreted. Secondly, fraud, and covin are so privily hatched, that the party grieved hath no means to find them out, and then to force the Plaintiff, who is a stranger to plead it, would be against reason, Cook. lib. 5. 60. Gooches Case.  
(18.) The Court shall not intent 
Fraud not intendible by the Court.  fraud, where it is not found by the Jury: A. seized of Lands in Fee, holden of I. L. of his Manor of H. by Fealty, Rent, and rendering the best beast, after the death of every Tenant in Fee-simple; A. by Deed in consideration of love to his Son and heir apparent, and a marriage between his Son and B. and for the Son's advancement, infeoffs his said Son of the said Land: the Son afterward to the end B. should not be endowed during his father's life, re-demiseth the Land to his father for 40 years, if he lived so long; The marriage took effect, the Son did his suit▪ and after the Feoffment, the father paid the Lords Rent: the father dies, the Lord taketh his best Beast for an Herriot; and in Trespass brought, the Jury found all the special matter, also the Statute of 13 Eliz. But it was resolved, That in regard no fraud was found by the Jury, the Court should not intent the said Feoffment to be fraudulently made: and the same being found to be made in consideration of marriage, shall not by construction of Law be taken to extend to any other intent, nor to be fraudulent, Cook, lib. 10. 56.  
(●19.) There are two manner of gifts 
Consideration.  upon good consideration: First, upon consideration of Nature and Blood. Secondly, a valuable consideration: and the Statute of 13 Eliz. cap. 5. and the Proviso therein extends only to a valuable consideration: for a gift made to defeat others, must be made upon as hihg and good consideration, as the things to be defeated are: also every gift made upon trust, is out of the said Proviso, because it is not bona fide: and a trust is either expressed, or implied; expressed▪ when it is set down in, or upon the gift; implied, when the gift is made without any consideration, or upon consideration of Nature and blood, Cook, lib. 3. 81. b. Twines Case.   

27 Eliz. Chap. 4 Concerning Fraudulent Conveyances.  
1. BY the Statute of 27 Eliz. cap. 4. 
Stat. of 27 Eliz. Deceit of purchasers.  It is ordained and enacted, That all and every Conveyance, Grant, charge, lease, estate, encumbrance, and limitation of use or uses, of, in or out of any lands, tenements, or other hereditaments whatsoever, had or made at any time heretofore, since the beginning of the Queen's Reign, or hereafter to be made, for intent or purpose to defraud & deceive such person and persons, Bodies Politic, or Corporate, as have purchased, or shall hereafter purchase, in Fee-simple, Fee-tail, for life, lives, or years, the same Lands, Tenements, or Hereditaments, or any part thereof, so formerly conveyed, leased, etc. or to defraud and deceive such as have, or shall purchase any Rent, Profit, or Commodity, in or out of the same, or any part thereof, shall be deemed and taken, only as against that person and persons, bodies Politic and Corporate, his and their heirs, successors, executors, administrators, and assigns, and against all and every other person and persons lawfully having or claiming, by, from, or under them, or any of them, which have purchased, or hereafter shall so purchase for money or other good consideration, the same Lands, Tenements, or hereditaments, or any part thereof, or any rent, profit, or commodity, in, or out of the same, to be utterly void, frustrate, and of none effect.  
(2.) And be it further Enacted, That all and every the parties, to such feigned, covenous, and fraudulent gifts, grants, leases, etc. before expressed, or being privy to, or knowing of the same, or any of them, which after the 20th. of April next coming, shall wittingly, or willingly put in ure, justify, or defend the same, or any of them, as true, simple, and done, or made bona fide, or upon good consideration, to the disturbance, or hindrance of the said Purchasers, etc. shall incur the penalty, and forfeiture of one 
Penalty▪  years' value, of the said Lands, Tenements, and hereditaments, so purchased, or charged; the one moiety to the Queen, the the party grieved, to be recovered in any of the Queen's Courts of Record, by debt, bill, plaint, or information, where no essoyn, protection, or wager of Law, shall be admitted to the defendant, or defendants, and to suffer imprisonment for one half year without Bail or Mainprize: 27 Eliz. chap. 4.  
(3.) Provided, that this Act shall not extend to any grant, etc. made upon good consideration, and bona fide, nor to any mortgage made bona fide, without fraud, and upon good consideration: 27 Eliz. chap. 4.  
(4.) And it is further enacted, that 
Conveyance with clause of Revocation.  if any person or persons have since the Queen's Reign that now is, or shall hereafter make any conveyance, gift, grant, demise, charge or limitation of use or uses, of, in, or out of any lands, tenements, or hereditaments, with any clause or condition of Revocation, determination, or alteration, at his or their will and pleasure of such conveyance, etc. of, in, or out of the said lands, tenements, or hereditaments, or any part or parcel thereof; and after such conveyance, gift, etc. so had, or made, shall bargain, sell, demise, grant, convey, or charge the same Lands, Tenements, or Hereditaments, or any part thereof, to any person or persons, bodies politic or corporate, for money, or other good consideration paid or given; [the said first conveyance, etc. not being by him revoked, made void, or altered, according to the power reserved;] That than the said former conveyance, assurance, etc. as touching the said Lands, Tenements, and Hereditaments, so after bargained, etc. against the said Bargainees, Lessees, and Grantees, and every of them, their heirs, successors, executors, administrators and assigns shall be void, etc. 27 El. cap. 4.  
(5.) J. C. had a Lease for 60 years 
Lease forged.  (if he lived▪ so long) and he forged a Lease for ninety years absolutely; and by Indenture reciting the forged Lease, he bargained and sold the same, and all his interest in the Land to R. G. R. G. is no purchaser for valuable consideration, within the said Statute of 27 Eliz. because he contracted not for the true and lawful interest; and although by the words, his true interest passed: yet he gave no valuable consideration for it: Cook upon Littl. fol. 3. b.  
(6.) One who intended to sell his 
The Act binds the King.  Lands, had by fraud conveyed the same by Deed enrolled to the Queen: In this case the purchaser shall enjoy the Land against the Queen, by the Statute of 27 Eliz. for that Act being general and made in suppression of fraud, shall bind the Queen: Cook, lib. 11. 74. a. Magdalen College Case.  
(7.) A man conveyed his Lands to 
Future power of Revocation.  the use of himself for life, and after to the use of divers others of his blood, with a future power of Revocation, viz. after such a Feast, or after the death of such an one, etc. and before the power of Revocation commenceth, he, for valuable consideration doth bargain and sell the same lands to another, and his heirs: this bargain and sale is within the remedy of 27. Eliz. cap. 4. for although the Statute saith, [the first conveyance not by him revoked] which seems by the literal sense to be intended of a present power of Revocation, for no revocation can be made by force of a future power, before it comes in esse; yet it was held that the intent of the Act was, that such voluntary Conveyance that was originally subject to a power of Revocation, be it in present or in future, shall not stand against a purchaser, who cometh in upon good and valuable consideration, and bona fide, Cook, lib. 3. 82. Twines Case.  
(8.) Resolved, That if a man hath 
Power of Revocation extinguished.  power of Revocation, and after to the intent to defraud a purchaser, he levy a Fine, or make a Feoffment, or other conveyance to a stranger, whereby he extinguisheth this power; and after he bargain and sell the lands to another for valuable consideration, the Bargainee shall enjoy the Land; for as to him, the Fine, Feoffment, or other conveyance, by which the condition was extinct, was void by the said Act of 27 Eliz. And it was said, that the said Act made voluntary Conveyances, with power of Revocation, in an equal degree as to purchasers, with conveyances made to defraud purchasers: Cook, lib. 3. 82. b. Twines Case.  
(9) If a man make a Lease for 
Consideration.  years by covin and fraud, and after make another Lease bona fide without Fine paid, or rend reserved; the second Lease shall not a void the first: for first it was agreed, that by the Common Law, an Estate made by fraud shall be only void against him that had a former right, and not against him that had a puisne right or interest. Secondly, no purchaser shall avoid a precedent conveyance made by fraud or covin, but he that is a purchaser for money, or other valuable consideration: and the words [good consideration] in the Act, aught to be understood of valuable consideration only▪ and not a consideration of nature or blood, etc. Cook, lib. 3. 83. Twines Case.  
(10) A man of little capacity, and not able to govern the Lands descended to him, and being disposed to riot and disorder, by mediation of friends, openly conveyed his lands to them, upon trust and confidence, that he should take the profits for his maintenance; and that he should not have power to waste and consume them: and after being seduced by persons, he sold his Lands to them for a small sum of money: And this bargain and sale, although it was for money, was held to be out of 27 Eliz. which Act was made against fraud and deceit, and shall not aid any purchaser that cometh not to the Land for good consideration, lawfully and without fraudor deceit; but such a conveyance made upon trust, were void as to him that purchaseth it for valuable consideration, and bona fide, Cook, lib. 3. 83. b. Twines Case.  
(11.) If a man seized of Lands in 
Notice of the fraud.  Fee make a fraudulent Conveyance, to the end to deceive and defraud a purchaser, against the Statute of 27 Eliz. and continueth in possession, and is reputed as owner, and B. enter into communication with A. for the purchase of it, and by accident B. hath notice of this fraudulent conveyance, and yet notwithstanding he concludes with A. and taketh an assurance from him; yet B. shall avoid this fraudulent conveyance, by the said Act of 27 Eliz. notwithstanding his notice; for the Act by express words makes the fraudulent conveyance void, as to a Purchaser, for the notice of a Purchaser, cannot make that good, which by Act of Parliament is void, as to it: Cook, lib. 5. 60.  
(12.) One, after Marriage, voluntarily 
Voluntary Conveyance  assigns a Lease for years, as it were in jointure for his wife, and took the profits, and after sold it to one who had no notice of this conveyance: this was held to be within 27 Eliz. although at the first it was not made upon trust, to be revoked, etc. because it was a voluntary conveyance at the first, and shall be intended fraudulent at the beginning: But if at the time of the Marriage, or after, by reason of a portion given by his wife's friends, in recompense thereof, and for a Provision for maintenance of his wife, he had made an assignment of such a Lease to his wife's friends, and had after taken the profits thereof, as in reason he ought during his life, and had then sold that Term, yet it had not been within the said Statute. Crook, part 2. 158. Colvil verse. Parker.  
(13.) A man Covenants for natural love, etc. to stand seized to the use of himself for life, the remainder to his Son in Tail, with a power of Revocation, and a Proviso to make Leases for 21 years, and after makes a Lease for 21 years, for 30 lib. Fine paid. Resolved, That notwithstanding this voluntary and revokeable conveyance, yet the Lease for years was absolutely good, by 27 Eliz. and as to the Lessee, the conveyance shall be construed, as if it had been revoked, and that the Lessor was then Tenant in Fee; and it was also resolved, That in case of a Lease for years, made as before, there had been a Rent only reserved, it had been a good consideration, and within the Statute; and the making of such Lease was a revocation of the first Estate according to the Lease, Crook, part 2. 181. p. 19 Also it was resolved, that the said Lease for years; respect being had only to the Proviso, and power thereby given, was void; for it being only a covenant, and the consideration not extending to the Lease for years, no use is raised to him thereby, ibidem.  
(14.) Grandfather, Father, and Son; the Grandfather, upon the Father's marriage, makes the Wife of the Father a Jointure; and at the same time, covenants to demise other Tenements to the Father for 1000 years, and after maketh such demise accordingly, to commence after his death; in which was a Proviso to make the same void, upon the Father's dying without issue, or making a Lease not reserving the ancient Rent; the Father after assigns the said Lease to the use of his Son (an infant) to the intent, that it should not drown by the descent of the reversion, and with the colourable purpose and intent, that the infant should pay debts, etc. The Grandfather dies, the Father enters into the Lands, and taketh the Profits, and makes Leases, and doth other Acts as Owner; and neither the Assignees nor Infant took any Profits, or paid any Debts; and the Assignment was made to divers persons of good reputation, but the assignment itself was delivered into the hands of a person of mean quality; The Father after bargains and sells the said Lands for a great sum of money by Deed enrolled: By all which marks, the said Lease and Assignment were taken to be fraudulent, Cook, lib. 6. 72. a. Burrells case.  
(15.) Resolved, (in the said Case) That whereas the words of the said Act of 27 Eliz. are, That all and every Conveyance, Grant, etc. for the intent to defraud or deceive such persons as have purchased, or shall purchase the same Lands, etc. shall be deemed, only against such Purchaser, void: yet if the Father make a Lease by fraud and covin of his Lands, to defraud others, to whom he shall demise or sell it, [as all fraudulent demises shall be intended,] and before the Father sells or demiseth it, he dieth; and the Son, knowing or not knowing the said Lease, sell the Lands upon good consideration; In this case the Vendee shall avoid the said Lease by the said Act of 27 Eliz. for the words of the Act are general, and it is not needful that he who sold the Land, should make the former Estate or encumbrance; But if the Estate be fraudulent, whosoever is the seller, the Purchaser shall avoid such fraudulent Estate: Also, it was resolved, That although the Father had nothing of Inheritance in the Land, at the time of the assignment of the Lease, but the inheritance was in the Grandfather, yet when the Grandfather dieth, and the Father sells the Land, his Vendee shall avoid the said Term: for if he had bargained, and ●old the Term only, the bargain should have avoided the fraudulent assignment, and by consequence, the Vendee of the whole Fee-simple shall avoid it, Co●k, lib. 6. 72. a. b. Burrells case.  
(16.) In Trespass: The Plaintiff and D●sendant claim by several Leases from the same man: The Plaintiff in his Declaration 〈…〉 the defendants Lease to be made by fraud, but showeth not any consideration paid by himself: whereupon the Defendant Demurs: Yeluerton: at Common Law there was not any fraud remedied, to defeat an after purchase, but that only which was committed to defeat a former interest, which was granted; and 27 El. doth not aid it, for here is no consideration paid for the second Lease, no more than for the first: Lukener contra. A thing obtained by a man's own act, makes a man a purchaser within the said Statute, and the fraud is confessed by the Demurrer; Anderson: the confession of the fraud is not material, in regard the Plaintiff is not such a person, as aught to have benefit thereby, and within the remedy and provision of the Act; and by that Act a fraudulent conveyance is not made void against all, but only against such as come in upon valuable consideration: Wamsey, according; and he said, that a fraudulent gift of goods, remains good against the donor, but not against his Creditor, by 13 Eliz. Crook, part 1. 445. p. 8. Vpton verse. Basset.  
FINIS.