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.

II. A Preservative for saving of the great sums which Executors and Administrators upon Dormant Bonds, and other securities have been compeld to pay to the value of the goods and Chattels which were of their Testators or Int••states, and came to their hands, after they have satisfied the like value before claimed and due by, and from, such Testators and Intestates at their Deceases.

FOrasmuch as many people of this Nation, some of them within twelve or fourteen years next before they have departed this life (having used great commerse and trading, and thereby become indebted to divers men) have removed to, and dwelt, inhabited and resided in divers severall places within twelve or fourteen years next before their departure from this life, some into ten or twenty places and some far remote the one from the other, where they (by the means aforesaid, borrowing of money and otherwise) have not on∣ly become indebted and engaged as Sureties for others, but also have entred into Covenants, Articles, Agreements and Promises with di∣vers, and have endamaged others by unlawful taking and carrying away divers of their Goods, and Chattels, and otherwise: and sun∣dry and many of such persons (so changing and removing their pla∣ces of dwellings, habitations and residence) have travelled into parts beyond the Seas, and some of them there have continued long, and became so indebted and engaged, and departed this life; and others of them returned into this Nation again, and here they and such o∣thers becoming so indebted, have dyed in many secret and obscure places, possessed of great Estates both real and personal: some before they have payd or satisfied all or the greatest part of such debts, or made satisfaction, recompence or amends for breach of such Cove∣nants, Engagements, Articles, Injuries, wrongs and damages, (for which the Executors or Administrators of such parties so dying, have after their departures been liable, subject and chargeable to pay, sa∣tisfie, recompence, or make amends;) and other of them (before they have departed this life) have payd, satisfied, made recompence or satisfaction for all or the most part of such debts, breaches of Co∣venants, Engagements, Articles, Promises, Injuries, Wrongs and Da∣mages, or the greatest part thereof, but some of them in such secret and private manner, that it could not be found out or known to such

who have been made Executors of the Testaments of, or have had right of Administration of the Goods and Chattels, Rights and Cre∣dits, which have been of such parties so departing this life at the time of their departures; by reason whereof, many (who have been made, constituted or ordained Executors of such Testaments, and who had right of such Administration) (that is to say) the Allies, or of kindred or blood, of such parties dying, and divers Creditors of such parties so dying, and with whom they had so broken Cove∣nants, Engagements, or Articles, or so injured, wronged or dampni∣fied) have been very fearful of proving of such Testaments, or suing, or taking out Letters of Administration of such Goods and Chattels, Rights and Credits, or to intermeddle with the same in any wise, and upon that occasion some of such parties (so made Executors, or having such right of Administration, and being of good Estates) have neglected and forborn the proving of such Testaments, or suing or taking out Letters of Administration of their Goods and Chattels for many years together; and others of them have utterly renoun∣ced, refused, denyed, and never medled with the same: By which means divers Parsons of small Estates, and some of them of ill lives and conversations (no such Allies or &c. for the reasons aforesaid, daring to oppose them) have by colour of Letters of Administration (which upon false Oaths, being of late too common, or other unlaw∣ful practises, combinations, and confederacies, and undue means, they have obtained of such Goods and Chattels, Rights and Credits) or otherwise, without any Authority at all, taken, gotten and received into their hands, custody and possessions such Goods and Chattels, Rights and Credits, to very great values, and converted the same to their own uses, and spent, wasted and consumed the same in a lewd, wicked and riotous manner; whereby such Creditors, parties, (with whom such Covenants, Engagements, Articles, Agreements and Promises were broken or unperformed) and such parties (to whom injuries, wrongs and damages have been so offered) and many Legatees and others (to whom divers Gifts, Legacies and Be∣quests in or by such Testaments have been given, willed, or be∣queathed, and have had right to have had divers sums of money out of or part of such Goods and Chattels, Rights and Credits, limitted, appointed or ordered by such Judges, Commissaries, or others, who have had Authority to grant Letters Testamentary of such Executors, or of Administration of such Goods and Chattels, Rights and Credits,

to be given, payd or satisfied, or delivered by such Executors or Ad∣ministrators) have lost, missed and failed of such their just and due Debts, Damages, Rights, Limitations and Demands; and very ma∣ny others by the Reasons aforesaid (who have proved or caused to be proved such Testaments, and sued and taken out such Letters of Administration, and possessed themselves, and disposed of, and in∣termedled with such Goods and Chattels, Rights and Credits, and have given, payd, satisfied and delivered divers of such Gifts, Lega∣cies and B••quests, and divers sums of Money, and Goods, and Chat∣tels, Rights and Credits, so limited, appointed and ordered, and by such means disposed of all or the greatest part of such Goods and Chattels, Rights and Credits) have long after been compelled by Suits at Law, and otherwise to pay and satisfie divers and sundry great sums of Money (out of their own proper Estates) for breaches, and not performing of such Covenants, Articles, Engagements, A∣greements and Promises, and doing of such Wrongs, Injuries and Damages, which have been kept dormant, secret and unknown to such Executors and Administrators, till after such payment and sa∣tisfaction: And divers others of such Executors and Administra∣tors (who have paid and satisfied many great sums of money and made recompence and amends for such breaches, and not perform∣ing of such Covenants, Articles, Ingagements, & Promises, and doing of such Injuries, wrongs, and Damages) have afterwards had many tedious and chargeable Actions brought against them, upon many sleeping Bills, Bonds, and other specialties, which such Executor or Administrator never knew or heard of till after such payment, satis∣faction and amends making, and thereby have been constrained to satisfie out of such their own proper Estates, to the full value of such Goods and Chattels, Rights and Credits, (which came to their hands, custodies, or possessions to be administred) and much more by reason of the tediousness, trouble and Charges for defend∣ing such suites, till they have tryed whether or not they have been paid or satisfied before the decease of such Testators or Intestates, and in paying and satisfying the Charges of the Plaintiffs in such Actions, after they have proved and made appear the debts and de∣mands upon such Bils, Bonds, and specialties to be just and due and such Executors and Administrators brought and compel'd such Plaintiffs upon Bills in Courts of Equity to discover upon their oaths the truth in the premisses, by reason whereof many of such Execu∣tors

and Administrators, have sustained great losse and multitudes of them undone; there being no remedy or matter by the Laws of England for such Executors or Administrators to plead in Barr Abatement or stay of such Suites before mentioned, upon such dormant and secret Covenants, Articles, Agreements, Engagements or Promises, Wrongs, Injuries or Damages, or upon such Bonds, Bills or Specialties, or for discovery of the same, till after such inconveni∣encies and mischiefs have happened to such Executors and Admi∣nistrators.

For Remedy whereof it is proposed, that it may be petitioned to the supream Authority of this Nation, that it may

Be Enacted, That every person and persons, who hereafter be or shall be made Executors of the Testament or last Will of any Testa∣tor, or shall take or sue out Letters of Administration of the Goods and Chattels (which were or shall be of any Intestate at the time of his or her death) shall and may before he, she or they do or shall prove any Will of such Testator, and take or sue out Letters Testa∣mentary upon the same, or take or sue out Letters of Administration of the Goods and Chattels (which were or shall be of such Intestate at the time of his or her death) deliver or cause to be delivered a note in good Parchment fairly written of the particular times and places when or where such Testator or Intestate departed this life, and of every of their places of dwelling, habitation and residence by the space of four weeks together in every year of twelve years next before such Testator or Intestate do or shall depart this life, and of the dwellings, habitations or residences of every of such Executor or Executors, and Administrator or Administrators, or so intended, into the Office mentioned in the Propositions for recording of Deeds and Evidences, &c. to be entered by the Officer there mentioned in those Propositions, as shall or may be constituted by the supream Autho∣rity of this Nation, or into some other Office, and there to be entered by some other Officer by the same Authority in that behalf to be ordained, constituted, or appointed; and that such Officer shall and may immediately file and safely keep the same in an Alphabetical manner, and keep an Alphabetical Book for the ready, speedy and easie finding of the same; and that also immediately after such de∣livery of such Note so to be filed and kept, such Officer shall send and issue forth Writs of Proclamation of every of such Notes (con∣taining the tenor and matter of such respective Note,) and direct

every of such Writs to the Sheriff or Sheriffs of every of the parti∣cular Counties, Cities, or peculiar Corporations, in which every of such places of dwelling, habitation or residence be or shall be: And that every of such Sheriff or Sheriffs, immediately after the delivery of such Writ to him or them, shall make or cause to be made three several Proclamations of the tenor and matter of such Writ in man∣ner and form following (that is to say) One of the said Proclamations to be at the door of the Parish Church, or Chappel, or, &c. (where every such place or places of dwelling, habitation or residence of such Testator or Intestate be or shall be) on the Lords day next after Sermon, or, &c. there ended, and the Congregation of the Parishoners of such Parish from thence beginning to depart; another of the said Proclamations at the County Court, or other Court of Common Pleas, of such Sheriff or Sheriffs in such his County, or such City or peculiar Corporation, and the other of the same Proclamations at the General Sessions of the Peace, of and for every such County, City or peculiar Corporation in the parts where every such places of dwell∣ing, habitation or residence be or shall be: And that every of those Proclamations shall be so made at such Church door, such County, or such other Court, and such general Sessions of the Peace (which be or shall happen to be before the end of three Moneths next after such delivery of such Writ to such Sheriff or Sheriffs,) and that every such Sheriff immediately after such Proclamation made, shall return or write on the back of such Writ, or indorse upon it, how the same was or shall be executed, and make or cause to be made a true Copy of such Writ, Retorn, Writing, or Indorsement (fairly written on good Parchment) and deliver or cause to be delivered the same to the Keeper of the Rolls of such County, City, or peculiar Corporation of the parts where such places of dwelling, habitation or residence be or shall be, and that such Keeper of the Rolls immediately after the delivery to him of such Copy shall file and safe keep the same in an Alphabetical manner, and also keep an Alphabetical Book, for the ready, speedy, and easie finding of the same; and that such Sheriff or Sheriffs immediately after such coppy is or shal be so made, shal send and deliver or cause to be sent and delivered such Writ so retorned, written on, or Indorsed to the Office and Officer before mentioned in or of such Office; and that such Officer shall there file and safe keep the same affixed to such Note in parchment, so first delivered or to be delivered, to be filed and safely kept.

And that if after such Proclamations so made and retorned, any per∣son or persons (to whom such Testator or Intestat owed any thing, at the time of his or her death, by Bill, Bond, or otherwise by any specialty, or to whom any duty thing or demand was, or shal be due, by or from such Testator or Intestat without specialty, or for which he or she, be or shal be lyable or chargeable to satisfie, or make any amends or recompence for, at the time when he or she de∣parted this life) do not nor shal prosecute or sue for, or give notice to the Executor or Executors (who do or shal prove or cause to be proved any such Testament or Will of any such Executor, and sue or take out such Letters Testamentary, or to the Administrator or Administrators who do or shal take, or sue out Letters of Admini∣stration of the Goods and Chattels, which are or shalbe of such In∣testat, at the time of his or her departure from this life) of any Debt, Duty or Demand owing by Bill, Bond, or otherwise, by any speci∣alty, or without specialty, or for which such Testator or Executor be or shall be so liable or chargeable within the space of three days (for every twenty miles distance of such dwelling, habitation or residence of such person or persons, Creditor or Demandant, from the place of the dwelling, habitation or residence of such Executor or Executors, Administrator or Administrators) next after such Writ or Proclamation so retorned, written on, or indorsed, if within that time such party so to give notice be not in that time hindered to travel, or miscarry, or be stayed in his or their Journeys thereabout by some inevitable occasion; and if so, then within some convenient time next after, that then if he, she or they do or shall pay or satisfie, or cause to be payd or satisfied, to any such Creditor or Demandant any such Debt, Duty or Demand, or thing so chargeable and liable (being true and real within 20 days next after Suit begun, and ap∣pearance and declaration for the same, and the same bona fide (in good faith) be or shall be a just and due Debt or Demand) or any Gift, Bequest, or Legacy, which be or shall be given or bequeathed by any Testament of any such Executors, or limited, given or be∣queathed by any Will-annexed or to be annexed to any such Letters of Administration, or otherwise limited or charged upon or for such Administrator or Administrators to pay or satisfie by any Judg or Commissary, or other, (who do or shall grant such Letters of Admi∣nistration, and have or shall have power and authority to do the same) the same matter shal or may be pleaded to in special in writing

by, and be a sufficient Bar (for so much only as is or shall be so sa∣tisfied) for such Executor or Administrator, Executors or Admini∣strators [concerning all and every or any of such Dues, Duties, Things or Demands without specialty] against all, every or any of such Debts, Duties or Demands by any of such Bills, Bonds or Spe∣cialties; and [concerning such Gifts, Legacies and Bequests in such Testaments, and such Limitations and Charges so to be limited, or charged by such Judg, Commissary, or other, as aforesaid] not only against all, every, or any of such Debts, Duties, Things or De∣mands; but also against all, every, or any of such Dues, Duties, Things or Demands without specialty, concerning all and every such Creditors and Demandants (who do or shall dwell, inhabit or reside, in any of such places (where any of such Proclamations be or shall be made,) or in any of such places (where such Testator or Intestate within the twelve years aforesaid did dwell, inhabit or reside.)

And that if any of such Executors or Administrators (who do or shall cause or procure such Notes and Proclamations so to be writ∣ten, made and delivered in) be or shall be sued or persecuted for any of such Debts or Demands upon Bills, Bonds or Specialties, or for any of such Dues, Duties, Things or Demands without specialty, or for such Gifts, Bequests or Legacies, Limitations or Charges aforesaid before the end of two Months next after the issuing out of such Writ of Proclamation, then every of such Executors or Administrators (who shall be so sued and prosecuted in any Court, and there, or to such party or parties so suing or prosecuting, do or shall put in suf∣cient Security, to satisfie such party or parties, so suing or prosecuting, so much as he, she or they shall recover and obtain by such Suit, as was or shall be recoverable by him, her or them at the time of the putting in of such security before any other Demand (of which such matter in Suit then had, or at such time shall have, priority in Law) so far as the Goods and Chattels which were of such Ex∣ecutor or Administrator at the time of his or her death) may plead or alledg the same in such Court, specially in abatement or stay of such Suit; and the same then to stay till after three Moneths next after the delivering in of such Note so fairly written in Parchment as aforesaid, or proving of such Will, or taking or suing out such Letters of Administration.

And that all and every of such Sheriff and Sheriffs, Keeper and Keepers of Rolls, Officer and Officers before mentioned, and those

also mentioned in the Propositions before mentioned, shall have a competent Pension, Stipend or Salary, for acting, doing, and per∣forming their Duties, to be acted, done and performed as aforesaid; or otherwise take and receive after the rates following, and no more, (that is to say) for Filing and keeping of every of such Note four pence, and putting the same into such an Alphabetical Book four pence; And for every search of every of such thing, or proclama∣tion or Retorn thereof four pence; and for every Copy of every of such Note or writing six pence for the first sheet, and for every sheet more thereof (which shall contain 120 words therein, or more) four pence; And ingrossing and writing of every of such Writs o•• Pro∣clamation and Retorns or Endorsments of the same, and such Note so to be delivered into such Keeper of Rolls after the rate of six pence for a hundred words, contained or to be contained in the same, and for making of every such Proclamations six p••nce.

And that every of such Officer in such superior place, by himself or lawful Deputy in that behalf, shall attend his Office between the hours of eight and ten in the forenoon, and two and four in the af∣ternoon of four days in every week of the year, or some time so to be thought convenient. And that all and every of such Sheriff and Sheriffs, Keeper and Keepers of Rolls, Officer and Officers before mentioned, be and shall be impowered, authorized and compelled to act, do and perform all and every Act and Acts, thing and things by them before mentioned, to be done and performed respectively, upon and under pain and penalty that every of such Sheriff or Sheriffs, Keeper of Rolls, and other Officer, shall forfeit, lose, and pay to every party to be grieved in any of the premisses ten pounds, and all other damage sustained or to be sustained by such party so grieved or to be grieved in that behalf, or some other sum of money, or penal∣ty so to be thought convenient, to be recovered in such manner as is mentioned in the Proposals for Acts for continuance of the Keeping of the Terms where Ancients they have been kept.

A Proviso to be in such Act.

Provided that no such Sheriff or Sheriffs shall be bound or liable to make or cause to be made any such of such or such Proclamations, or to deliver any Note to any such Keeper of the Rolls, or to make any such retorn or delivery of such Proclamations, until he shall be payd in hand so much as is or shall be payd to such Keeper or Keepers of Rolls, and after such payment such Sheriff shall deliver the money

so to him payd to such Keeper of such Rolls, upon and under the pains and penalties before mentioned.

And that no such Sheriff or Sheriffs be or shal be compel'd to retorn or deliver in any Writ of Proclamation so retorned or endorsed, unless he shall be satisfied his money, after the rate aforesaid, for what he is or shall be to act or do, as aforesaid, or the same left in such superi∣or Place with such Officer there, for such Sheriff to receive upon the delivery of such Writ so retorned or endorsed: And that such Officer, upon delivery in to him of such Writ by such, shall pay un∣to him the same money, under the same pain and penalty before men∣tioned.

And that every one, to whom such debts and demands be or shall be due by such Bill, Bond, or specialty (or otherwise, or for whom damages be or shall be recoverable) and shall claim the same of any of such Executors or Administrators, shall from time to time confess how much thereof is or shall be satisfied, and demand no more, and shall upon payment or satisfaction thereof deliver un∣to such of such Executors or Administrators (of whom he, she or they do or shall receive or demand the same) such Bills, Bonds, and Specialties, and inform such, of such Executors or Administrators of all parties (which he, she, or they, so receiving or demanding, do or shall know or have, or have or shall have certain intelligence or information of who can or shall be able to witness or testifie any thing material concerning such debts or demands, for the benefit of such Executors or Administrators) and where every of them do or shall inhabit, dwell and reside, and what the names of every of them be or shall be, as far as such parties so demanding do or shall know, or have been or shall be informed upon every reasonable re∣quest in that behalf, upon and under pain and penalty that such of such parties (who shall fail or make default in any of the premisses) shall lose and forfeit, and pay to every party grieved, or to be griev∣ed, in the premisses, the value of the debt, demand, or thing, in or concerning which such failer or default be or shall be, to be recover∣ed as before mentioned.