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.

Sir Stephen Proctor's Case.

In an Information in the Star-Chamber, against Ste∣phen Proctor, Berkenhead, and others, for Scandall and Conspiracy against the Earl of Northampton, and the Lord Wooton; At the Hearing of the Case, were present eight Lords, viz. the Chief Baron, the two Chief Justices, two Bishops, one Baron, Chancellor of the Exchequer, and the Lord Chancellor: And the three Chief Justices, and the Temporal Baron, condemned Sir Stephen Proctor, and fined and imprisoned him: But the Lord Chancel∣lor, the two Bishops, and the Chancellor of the Exche∣quer, acqui••ted him. And the Question was, if Sir Ste∣phen Proctor shall be condemned or acquitted: And the matter was referred to the two Chief Justices, calling to their assistance the Kings Learned Councel.

And first they Resolved, That this Question must be determined by the Presidents of the Court of Star-Cham∣ber, that Court being against the Rule and Order of all Courts: For in all other Courts, if the Justices are e∣qually divided, no Judgment can be given: So also is it

in the Parliament; and therefore this course must be warranted by the Custom of the Court. And as to that, two Presidents onely were produced, viz. One in Hillary Term, 39 Eliz. Gibson Plaintiff, and Griffith and others Defendants, for a Ryot; where at Hearing, 8 being pre∣sent, 4 gave Judgment, that the Defendants were guilty, and 4 •• contra, and no Sentence of Condemnation was ever entred, because the Lord Chancellor was one of the 4 that acquitted them. The other was in Hillary 45 Eliz. in an Information against Katherine and others, for Forging a Will, &c. where 4 finding the Defendants guilty of Forgery, and 4 onely of Misdemeanour, whereof the Lord Chancellor was one, Sentence was entred accor∣ding to the Chancellors Voyce; and no other President could be found in this Case, as I reported this Term.