The Contents of a Bill, preferred by the Creditors of Thomas Frith, late of London Scrivener, deceased, for sale of certain Lands and Leases by him purchased, for payment of such Monies, as was owing by him unto them, and are yet unpaid. The Preamble. WHereas the said Frith (being a Butter forth of much money for other men at Interest) after he had got such credit, that many men trusted him with great Sums upon his own Security, and others became bound with him; and had purchased in Lands and Leases, above 1600 pounds per Annum: He was arrested and laid in the Fleet, whence he procured himself to be removed, into the Prison of the King's Bench; where he became Felo de se. Since whose death, neither the said Lands nor Leases were forfeited by his Felony, nor yet subject to the payment of his Debts (for some were conveyed over to other men in trust, some were purchased partly in the name of his Wife, and partly in the names of his Children, and other some were mortgaged for moneys borrowed) but are enjoyed, partly by his Wife and Children, and partly by colour of a Decree, and virtue of an Injunction; which Decreeis made in show for all the said Creditors, but indeed for Three of them only: So that those Creditors, to whom the said Decree in show only doth extend, and who in equity ought also to enjoy the benefit thereof, are utterly defeated of their debts; whereby some of them are sithence become decayed in their estates, other suffer imprisonment for his the said Friths debts, others have perished in Prison for the same, and others are in imminent danger utterly to be undone, and also there to perish: Except that by his Majesty's most gracious favour, they may be relieved out of those Lands and Leases aforesaid; Wherefore the said Creditors are most humble Suitors, that it may be enacted: The Act, containing Nine Branches. That a Commission be awarded, to five or seven certain Commissioners (viz. such as have been either high Sheriffs of Essex (where most of the said Lands do lie) or such as be Common Council men, or called to be Sheriffs of London) And that those Commissioners, or the most part of them, may have authority to call before them, all such of the said Creditors, as shall within three months next after this Session of Parliament, have their names entered in the Assurance Office, in the Royal Exchange in London, where shall be paid to the Clerk, that shall there enter the same, Six pence. And that every such Creditor, as shall be Contributor to the charges of this Act and the said Commission, shall be capable of the benefit thereof, and none other. And that the said Commissioners shall examine, view, and see, all the specialties, proofs, and evidences, which any of the said Creditors shall produce for proof of the Debts unto any of them owing by the said Frith, either by matter of record, or the oaths of such as any of them have formerly produced, or shall produce, to prove the same; And shall examine upon oath, either the said Creditors themselves, or any other, how much of those Debts are or is unpaid: And shall cause thereupon a Schedule indented to be made, containing the same Debts so proved and unpaid, and the names unto whom they be owing: Of which Schedule, one part to be left at the Capital Message of the Manor of Vpminster in Essex; and the other part to remain with any of the said Commissioners: And shall, within six weeks after the leaving thereof at the Message aforesaid, cause a Writing thereof to be published, on some Sabbath day, after Divine Service, in the Parish Church of Vpminster; and afterwards cause the same Writing, to be fixed to the door of the same Church, to the end the Wife and Children of the said Frith, may have notice thereof. And if neither the said Wife nor Children, shall, within Three months after the Publication and leaving of the said Schedule, pay nor cause to be paid, unto all and every the said Creditors named in the said Schedule, respectively the Debts so specified in the same Schedule; Then the said Commissioners shall cause a jury to be empanelled, and inquire what Lands, Annuities, and Leases, the said Frith, or any other in trust, were seized or possessed of, at the time of his death, and what Lands, Annuities, and Leases, he had purchased in his own name, or in the name of any other in trust (whether the Deeds thereof made, do express the same trust or not) which were and did remain in them, or any of them, at the time of his decease, and where the same do lie, and in whose occupation they, or any part of them, shall be then remaining. And thereof, or of so much thereof, as shall be found sufficient to satisfy the said Debts, with such damages as the said Commissioners shall give and allow (if the same will afford so much) the said Commissioners, or the greater part of them, shall by Deed indented and enrolled make sale. Provided, that composition shall be made, by the Purchasers of Copy or Customary Lands, with the Lords of the Manors; and that thereupon the said Lords, shall grant the Vendee, by Copy of Court roll, the same Copy or Customary Lands, and admit them Tenants. And that it may be further enacted, that if the moneys arising by the sale of all the said Lands, Annuities, and Leases, will not suffice to satisfy all the Debts specified in the said Schedule; Then the moneys arising of the said sale, shall be paid to all the Creditors named in the said Schedule, every one proportionably to his debt set down in the same Schedule: But if there shall be made more moneys by the said sale, then will suffice to pay those debts with reasonable damages as aforesaid; Then the overplus shall be paid, to the Wife and Children of the said Frith, to be divided amongst them as the said Commissioners shall think meet. And upon payment of such moneys, as shall be paid to any of the said Creditors by virtue of that Act and of the said Commission, the Security and Assurance of every of the said Creditors which shall be so paid (whether it be by record or otherwise) shall be utterly void. Saving and reserving to our Sovereign Lord the King, etc. other than the said Frith, etc. all and every their former right, etc. And lastly, that all and every Clause, Article, and thing contained in the same Act, may be construed, deemed, and taken, to the most avail of such, as shall purchase any of the said Lands, Annuities, or Leases.