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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	keeper_n	lord_n	seal_n	5,051	5	8.9948	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28155	The judges 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 ...	Billinghurst, George.	1676 (1676)	Wing B2906; ESTC R4175	68,407	208

THE Judges 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 BILLINGHVRST of Grays-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1676. I do allow the Printing of this Book Intituled The Judges 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 Farewel T. B. What a Bankrupt is and his Description 34. Hen. 8. Chap. 4. THe Lord Chancellor Treasurer c. 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 ought 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 Merchandize 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 Queens Dominions or Denizen sithence the first day of this present Parliament hath or at any time hereafter shall depart the Realm or begin to keep his or her House or Houses or otherwise to absent him or herself or take Sanctuary or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for Money delivered Wares sold or any other just and lawful cause or good consideration or purposes hath or will suffer him or her self to be outlawd or yield him or her self to prison or depart 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 Chancellour 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 vertue 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 Free-hold which he or shee 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 recompence joyntly with his wife children or childe to the only use of such offender or offenders or of or for such use interest right or title as such offender or offenders then shall have in the same which he or she may lawfully depart 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 rented and appraysed to the best value they may and by Deed indented enrolled in one of the Queens Majesties 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 childe and children and such person and persons as by such joynt purchase with the said offender or offenders as is aforesaid have or shall have any estate or interest in the premisses 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 Mannors 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 Mannors of whom the same shall be holden for such fines or incomes as heretofore have been most usual and accustomed

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 c. 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 vertue 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 offendors 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 offendors 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 accompt 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 vertu● and authority of this pres●nt A●● have full power and authority to awa●● five Proclamations to be made in the Proclamations Queens Name upon five sundry Market-days in such places near the place when such Bankrupt hath most commonly d●elled or made his abode commanding hi● or them by the said Proclamations in the Queens 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 offendors shall be judged taken and deemed to all intents and purposes out of the Queens Protection And that every person and persons that shall willingly or wittingly receive d●tain 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 Soveraign Lady the Queens 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. Warnin● 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 publick 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 publick 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 offendors and to bring him her or them● offending before the said Commissioner● 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 c. 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 Co●mission or any other person or perso● 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 c. of the 〈◊〉 Bankrupt where the said Bankrupt 〈◊〉 his goods c. shall be and to seize upo● and order the person c. of such Bar●rupt as by former Laws are appointe● c. 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 c. 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 Copy-hold or Customary-hold as