The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

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Title
The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
Author
Blount, Thomas, 1618-1679.
Publication
London :: Printed for T. Twyford, and are to be sold by Hen. Twyford ...,
1670.
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Subject terms
Bankruptcy -- Great Britain.
Fraudulent conveyances -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A28470.0001.001
Cite this Item
"The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A28470.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

Psch. 12. Jac. Regis.

Walter Chute's Case.

Walter Chute Sewer to the King, exhibited a Petition to the King, That for safety of the Realm, &c. that he would erect a new Office to Register all Strangers with∣in the Realm, except Merchant-Strangers, to be kept at London, and to grant it to the Petitioner, with a Fee, or without. And all Strangers, except Merchant-stran∣gers, to depart the Realm in a certain time, unless they take a Billet under the said Registers Hand. Which Pe∣tition, the Lords of the Councel referred to Me, by their Letters of the 13 Novemb. 1613. to consider what the Law is in that behalf, &c. And upon Conference with the Ju∣stices of the Common-Pleas, and other Justices and Ba∣rons at Sergeants Inne in Fleetstreet, It was Resolved,

That the Erection of such New Offices, for the bene∣fit of a private man, was against all Law, of what nature soever: Therefore when one Captain Lee made suit to the King, to have an Office to inventory the Goods of those that dyed Testate or Intestate, It was Resolved by my Lord Chancellor, and my Self, That such Grant shall be utterly void, being both against the Common-Law, and the Statute 21 H. 8. In like manner, when another sued to have the Registring of Birth-dayes, and the time of death, &c. So Mich. 19 Jac. To make a New Office in the Kings-Bench onely for making Lattitats, was re∣solved void. So Littletons Suit, to name an Officer to be a Gen. Reg. &c. But the Suit was rejected (notwithstand∣ing

Page 122

the fair Pretences of it) by the two Chief Justices, and others: See Hill. 12 Jac. Regis.

2. Secondly, It was Resolved, That it was inconve∣nient for divers Causes: 1. For a private man to have private ends. 2. The numbring of Strangers by a pri∣vate man, would iner a Terrour, and other Kings and Princes will take offence at it. 3. It is to be considered, what breach it will be to former Treaties.

3. As to the third, It may be performed without any Inconvenience; and so it was divided by the Lord Bur∣leigh, and other Lords of the Councel, 37 Eliz. To write Letters to the Mayors, Bayliffs, &c. of every City, Bo∣rough, &c. where any strangers are resident, to certifie how many, and of what quality, &c. which they are to know, in respect of their Inhabitants, &c. and this may be done without any Writing; which being shewn to the Lords, was by them well approved, and the Suits utterly disallowed.

Decemb. 3. Anno 3 H. 8. Commission was granted to divers, to certifie the number of Strangers, Artificers, &c. within London and Suburbs, according to the Statutes. See Candish Case, 29 Eliz.

13 Eliz. A Grant of an Office to Thomas Knivt, to examine his Majesties Auditors, and Clerks of the Pipe, &c. Resolved by the Court to be against Law, for it belongs to the Barons who are Judges, 25 Eliz. A Grant of an Office to Thomas Lichfield, to examine all Deceits, &c. of the Queens Officers for 8 years; Resolved to be void.

Sub-poena's in Chancery, belonged antiently to the Six Clerks; Queen Elizabeth granted the same to a parti∣cular man.

Affidavits Filing and keeping, belonged to the Regi∣ster; King James granted them to a particular man: So the erecting and putting down Innes did belong to the Justice of Peace; the same King granted it to a parti∣cular man: So likewise the taking of Depositions, &c.

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The Office of Alneger, granted by the King to Simon Darlington, and the Fees limited. The Drawing, Ingros∣sing, and Writing all Licences, and Pardons, granted to Edward Bacon, with former Fees, and a Restraint to all others. The Spa Office granted to Thomas George, and others during life, with the Fee of 2 s. and a restraint to others. The Office of making and Registring all man∣ner of Assurances and Policies, &c. granted to Richard Gandler, Gent. with such Fees, as the Lord Mayor and others should rate, and a Restraint to others, &c. The Office of writing Tallies, and Counter-Tallies, granted to Sir Vincent Skinner. The Office of ingrossing Pa∣tents to the Great Seal, with encrease of Fees, granted to Sir Richard Young, and Mr. Pye. Sed de hoc quaere.

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