The funerall of symonie, impropriations, and tithes; or, A hurrycano [sic] or whirlwind among tithes, symonie, and impropriations Published by many welwillers to Christianity and learning, (and competent maintenance for the true labourers therein) and just right and equitie. Written by W. Leach of the Temple.

I. For avoiding Deceit, by fraudulent conveyances, to hinder Executions, &c.

WHereas in latter years, more then in Ancient times, many unconscionable people have used and exercised very much fraud; and by divers crafty machinations, and subtill inventions have defrauded many honest people of this Na∣tion of their just and due Debts, Damages, and Demands; and especially after such honest people have obtained Judgments, Statutes, or Recognizances for the same, in defrauding and deluding them of, and hindring them from, the benefit and advantage of their Executions taken out upon the same; some by contriving of secret and fraudulent conveyances of their Goods and Chattalls, Lands and Tenements, with valuable considera∣tion feined in such conveyances; but never truly and really paid, or by feining themselves to stand indebted to severall per∣sons by Bonds, or otherwise; which have been all, or the most part thereof satisfied, and paid, or other security given for the same; and others, by borrowing and taking Money of divers people, and giving Bond, or other security for the same; such money being paid and delivered to such unconscionable people, and such bonds and securities executed to others, as bad as them∣selves, in the presence of divers honest persons, but after repaid or delivered in private to the parties from whom the same hath been had, and releases thereof given in the presents of divers witnesses, residing or inhabiting in places far remote from the

Creditors and Demandants in, or to such Judgements, Statutes, or Recognizances; and such bonds and securities kept on foot by and between such wicked and unconscionable persons, by fraud and practice between them, onely to deceive and defraud such Creditors and Demandants: and many more of such de∣ceitfull and unconscionable persons have intermixed the Goods and Chattals of divers of their Associates and Confederates, with others of their Goods and Chattals in such manner, that none other but they, and such other Associates and Confederates could, or can know, or distinguish any such Goods, Cattell, or Chattals of such unconscionable person, or persons, from the other Goods, Chattals, and Cattell of such Associates and Confederates; purposely to deter Sheriffes, Serjeants, and Bay∣liffes, and such like Officers from serving and executing such Executions, or otherwise to subject them to actions; (which most injuriously have been brought against many of such Offi∣cers, by multitude of such unconscionable people, and exces∣sive damages recovered upon the same against such Officers of the inferiour sort;) and the like fraud hath been done and practised of, and concerning the Lands and Tenements of such wicked persons to, and for the fraudulent intents and purposes beforementioned: by reason whereof, many of such Creditors and Demandants have been constrained to part with a great part of such their Debts and Demands before they could have their Executions served, and some of them to the value of half thereof, and others to more, to such Officers; some whereof have sneak∣ed away from those, who have used to give them best satisfacti∣on for the businesse, which they have formerly done for them before they would, and have undergone such danger, and relin∣quished the mony which they have gained by doing such Execu∣tion; and divers others of such Sheriffs, and their Deputies, (who have been of a cruel, covetous, and unconscionable disposition) when they have had executions against honest meaning men according to their abilities have most cruelly exacted great sums of money out of them, either for sparing such Execution for a time, or for appriseing such Goods and Chattals at the full rate, or otherwise have caused the same to be prised at a great under value, sometimes to have half thereof, and other times to much lesse, and to be bought by such their Associates and Con∣federates

at such small rates, with whom such Sheriffs and their Officers have shared, and divided the spoil, and converted it to their own uses.

It is proposed to be desired that it may

Be Enacted, That hereafter it shall, and may be lawful to, and for any person or persons (who shall have any execution or ex∣tent upon any Judgment, Recognizance, or Statute, under the Seal of the Court, where such Judgement, Recognizance, or Statute, be, or shall be entred, or Recorded, against the Goods and Chat∣tals of any other person or persons) or any other, for, or with him, her, or them together, being above the value in Estate of the matter so, or so to be in question, to repair unto such other person or persons, or any other, (who shall have, or be Com∣monly reputed to have any Goods or Chattals, which at the time of the Date of such Execution or Extent were of any per∣son or persons, against whom such Execution or Extent was granted or awarded;) and to enter into, and upon any house, or houses, place, or places; where such Goods or Chattals be, or commonly shall be supposed to be, and thereto view, demand and require so many of the said Goods and Chattals, as shall be of sufficient value to satisfie the Debt or Demand in such Execution or Extent mentioned, or part thereof in satisfaction of such Debt or Demand, or so much thereof in part, as the value of such Goods or Chattals do, or shall amount unto; and to take and car∣ry away the same upon reasonable apprisement of the major part of 3 sufficient men to be for the one part, and two more for the other (against whom such Executions or Extent shall be) if any such doe, or shall intermeddle therein, or otherwise without them, and to sell the same accordingly, and out of the same to satisfie him, her, or them, in that behalf (restoring the overplus to him, her, or them, (against whom such Execution or Extent shall be) if no claim, deniall, interruption or hindrance be, or shall be to, or against such entry, view, demand, request, taking, and carry∣ing away, and sale; he, she, or they, intending to sell, or cause the same to be sold, keeping the same safe by the space of ten dayes, next after the same be, or shall be so taken, and carried away, and leaving a note of the same at the house, or houses, place, or places, (from whence the same be, or shall be carryed) and that

if such owner, or owners doe, or shall pay or satisfie to such person or persons (who have, or shall have such Execution or Extent) do or shall pay, or satisfie such Debt or Demand within those ten dayes, then such Goods and Chattels shall be delivered safe to such owner or owners without any voluntary imparing of the same; and that during the time of the remaining of the said Goods and Chattals there; the said Writ os Execution shall there remain, and be kept for the said owner or owners, or any person or persons for him, or them, to see, or view; and he or they, or any of them shall, and may be permitted and suffered so to doe.

And that if any such claim, deniall, interruption, or hin∣drance be, or shall be, and be, or shall be false, unlawfull or un∣true; then he, she, or they, acting the same, shall forfeit and loose to the party grieved, or to be grieved in that behalf, the full value of the Debt or Demand in such writ of Execution or Extent, to be recovered by action of Debt, Bill, Plaint, or Information in which, &c. And that after such claim, deniall, interruption, or hindrance, if any be, or shall happen to be, then it shall, and may be lawfull to, and for any Sheriff, Under-sheriff, Deputy, Bay∣liff, Serjeant at Mace, or other Officer, or any other, who shall have a lawfull and sufficient warrant in that behalf delivered unto him, or them, to doe, or make such Entry, View, Demand, or request in any of such houses or places before mentioned; and so to take and carry away such Goods or Chattals, and so to sell the same, and out of the same to make, and give such satis∣faction to such person or persons (who have, or shall have such Execution or Extent) making such restitution; and that if such claime or deniall be, or shall be to any of such Officers, or others, so having, or to have such Writ, or Warrant; then it shall, and may be lawfull to, and for such Sheriff and Sheriffs, his, or their Deputy or Deputies; and that he, or they, shall be authorised and compelled to impannel a Jury for the tryal of the property of such Goods and Chattals, in such manner and form as is mentioned in the Propositions for returning and impan∣nelling of impartiall and honest Jurors; and that if such Jury, upon their inquest thereupon to be found, doe, or shall find the property of such Goods or Chattals to be of such party or par∣ties (against whom such Execution or Extent be, or shall beat

the time of the Date thereof) then such Sheriff or Sheriffes shall, and may sell the same at, and for the best rate (which he, or they can) according as such Jurors upon their Inquest con∣cerning the same shall apprise them, and deliver the money thereof made, or to be made to the same person or persons; who shall have such Execution or Extent: or otherwise to be sub∣ject and liable to an action of Debt for the same to such person, or persons, to be recovered as aforesaid: and that such Jurors, for finding any thing amiss in that behalf, shall be subject to such penalties, as be mentioned in those Propositions; and that such choise, election, challenge and exceptions, and other circum∣stances concerning such Juries or Jurors shall, and may be: And that such (who shall make any willfull false Oath concerning any such things) shall be subject and liable to the Statutes and Lawes made, used, or ordained against perjured persons; and that such Sheriff or Sheriffs be, and shall be impowred, and com∣pelled by Warrant to warn and summon Witnesses at the re∣quest of any the persons to be concerned in any such businesse, to testifie concerning the same. And that if any person, served with the same to appear as witnesse, and shall not appear and be exa∣mined in that behalf, (his costs being tendered according to the forme of the Statute of the fift year of the late Queen Elizabeth) then such Witnesse shall loose and forfeit, and be subject and liable to such Penalties, Debts and Demands, as therein is men∣tioned.

And that such Sherif and Sherifs be authorised, impowred, and compelled to examine any, who doe, or shall challenge, or claim any such Goods or Chattals upon consideration for Money or Debts formerly owing, or otherwise, or any other person; and whether or not such party or parties so claiming did know, or had notice of the going out of such Execution or Extent.

And that if it doth, or shall appear by Inquest so to be found, that such party or parties so claiming had such Goods or Chat∣tals conveyed to him, her, or them after such knowledge or no∣tice; and yet permit the same to continue or remain in the place where they were at the time when such Execution or Ex∣••••nt went or issued out; or in the hands, custody, or possession of the party or parties against whom such Execution or Extent is, or shall be, his, her, or their servant, or servants, Agent, or

Agents, then such Sheriff or Sheriffs shall and may seize, take and levy in Execution such Goods and Chattals, notwithstanding any conveyance, bargain, or sail thereof, though it were to, or for good and valuable consideration (the permission of such Goods or Chattals so to remain, have been a long time accoun∣ted a badg of fraud:) And also without such permission, if such Bargainees or any Donees in that behalf had such notice or knowledge, and it be found to be proved, or acknowledged by such Inquest.

And that it shall, and may be lawfull to, and for any such Sheriff or Sheriffes (to whom such Execution or Extent be, or shall be directed, or delivered) or to his or their Deputy or Deputies so to repair to such person or persons as aforesaid (who be, or shall be in such repute as aforesaid) and so to enter, view, demand, and require as aforesaid.

And that every person, and persons who shall have the custody or possession of any house, or place, trunck, chest, box, coffer, or other thing, (wherein such Goods or Chattals be, or shall be contained, having power of opening the same) shall and may open, and unlock every of the same, for such person or persons having such Execution or Extent, or any such other for him, or them, or for any such Sheriff or Sheriffes.

And that if the Goods or Chattals of any other person or or persons, then of him, her, or them, against whom such Execution be, or shall be, shall have any of their Goods or Chattals intermixt with such Goods and Chattels beforemen∣tioned, then it shall and may be lawfull to, and for such party or parties so having such Execution or Extent to separate the same from those Goods or Chattals of such other person or per∣sons (doing the same as little hurt as conveniently may be. And that neither such party or parties who have, or shall have such Execution or Extent; or any such Sheriff or Sheriffes, his, or their Deputy or Deputies, or any Agent or Agents for any of them, shall be subject, or liable to any action, molestation or trouble for doing or acting any thing, as before is mentioned.

And that every one, who shall refuse, or deny, as before is mentioned to be done, shall forfeit, and loose to the party grieved, or to be grieved thereby, the value of the said Debt or Demand to be recovered as aforesaid.