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.

A Safegard and a Stay FOR Sheriffs, and their Officers, &c.

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.

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.

III. Another Preservative for prevention of Frauds and Neg∣lects used by Executors and Administrators, whereby many Creditors have lost great Sums of Money.

VVHereas divers Executors and Administrators (after that they have proved, or caused to be proved, the Testaments

of divers Testators whereof they have been made Executors; and took and sued out Letters of Administration of the Goods and Chat∣tals, Rights and Credits, which have been of sundry Intestates, at the time of their Deceases,) have been so negligent, and some of them been so peevish, that they have neglected and forborn to call in, or sue for many D••bts, Duties and Demands (which have been owing and due to such Testators and Intestates at the times when they have departed this life, and after their departures, reco∣verable by such Executors and Administrators:) And others of them (after they have heard of many Debts, Duties and Demands owing to, and due to some persons whom they have not well affect∣ed) have been so spiteful and malicious to such persons, that they have not onely so neglected and forborn, but utterly refused and denyed to call in, receive, and take a great part of such Goods and Chattals, Rights and Credits, and to make, or cause to be made, a true and perfect Inventory thereof, and therein a true apprizement and valuation of such Goods and Chattals, and to put the same into such Court, where such Will be or shall be so proved, or Letters of Administration sued or taken out, or to give and deliver unto any of such Creditors a true copy thereof, upon demand and pay∣ment, or tender of competent satisfaction for the same; or to as∣sign unto any of such Creditors or Demandants any of such Goods and Chattals, Rights and Credits, in payment and satisfaction of a∣ny such Debts, Duties, or Demands, though divers of such Credi∣tors and Demandants have often desired and required such Execu∣tors and Administrators to make such Assignments, and offered to give them good and sufficient security to save them harmless, against all Suits (which should or might be brought against them concern∣ing the same,) and to satisfie and pay to them the residue and over∣plus (which they should recover and obtain by vertue of such As∣signments) and diligently to prosecute and sue for the same, and not cease, stay, delay or forbear the prosecuting of such Suits, without the consent of such, of such Executors or Administrators (who do or shall make any of such Assignments:) By reason of which neg∣lects, forbearances, refusals and denyals, many dishonest people, of idle and ill life and conversation, have carryed away most, or a great part, of such Goods and Chattals, Rights and Credits, and wasted and consumed the same in a riotous and vicious way, and many Debtors and others (from whom great Demands and Duties were d••e to such Testators and Intestates at the times of their deceases, and recoverable by such Testators and Intestates) have proved insol∣vant,

some by casualty, and others by such riot and vice•• upon wh••ch occasion such Creditors and Demandants have lost and been deprived of many Debts and D••mands of great value.

And divers of such Executors and Administrators have fraudu∣lently permitted, confessed and suffered divers Judgments, and other matters of record, upon and for feigned Debts and Demands, pre∣tended to be owing and due by and from such Testators and Inte∣states, at such times before mentioned; or which have all, or the most part thereof, been satisfied; and set and kept on foot and pleaded divers Judgments, Statutes and Recognizances, and other matters of Records, remaining against such Testators and Intestates, to the intent to deceive and defraud such Creditors and Demandants of their just and due Debts, Duties and Demands.

And whereas, to the intent before mentioned, divers of such Executors and Administrators have caused many of such Goods and Chattals to be under-prized and under-valued; And others of them divers of such Debts, D••mands, Rights and Credits to be left out of such Inventories; And the same, and the witnesses to the same, to be kept secret and concealed; whereby divers such Creditors and Demandants have been defrauded and cheated of many great Debts and Demands.

For prevention whereof, it is proposed to be desired that it may

Be Enacted, That every Executor and Executors (who shall prove or caused to be proved the Testament or last Will of any Testator) And every person and persons (who do or shall take or sue out Letters of Administration of the Goods and Chattals which be or shall be of any Intestate at the time of his or her death) shall deliver an Inventory of all the Goods and Chattals (which be or shall be of such respective Testator or Intestate, at the time of his or her death) And of all the Debts, Duties and Demands (which be or shal be owing or due to any such Testator or Intestate; or of such part thereof, or which the Executor of the Testament of such Testator, or the Administrator to whom Let∣ters of Administration of the Goods and Chattals, Rights and Credits (which be or shall be of any such Intestate, at the time when he or she do or shall respectively depart this life) shall or may come to the knowledge or certain Intelligence of: And of all the Debts, Duties and Demands (which to such, of such Testa∣tors or Intestates due or ow••ng at such their Departures, and by what matter of Record, specialty or otherwise every particular thereof did or shall grow due, and how much in every particular

thereof is, or hath, or shall be paid or satisfied to such of such Testators or Intestates, Executors or Administrators, or to their or any of their use or uses, as far as they do or shall know and have certain and credible Information of, into the Court where such Testament shall be proved, and out of which Letters Testa∣mentary of such Testaments or Letters of Administration of the Goods and Chattals, Rights and Credits, which be or shall be of such Intestate at the time of his or her death within twelve weeks next after the proving of such Testament, or suing or taking out such Letters of Administration, or within eight weeks nex•• after every reasonable request thereof, made or to be made by any Cre∣ditor or Demandant, of any deb••, duty or demand due by or from such Testator or Intestate, at the time of his or her death, or of any Legatee of such Testator or party for whom such Limitation shall be, And that no such Executor or Administrator shall wittingly or willingly leave or permit or suffer by any connivance or otherwise to be left out of such Inventory any Debt or Demand, either good sperate or desperate, or other recoverable or in a possibility of re∣covery by any such Executor or Administrator, or any of the Goods and Chattals which be or shall be of any Testator or Inte∣state at the time of his or her departure from this life, nor any of such debts, duties or demands so due or owing to any of such Te∣stators or Intestates, or the particular of such payments and satis∣factions, nor shall undervalue or underprize, or cause or wittingly or willingly by any combination, confederacy or practise, or by any connivance or otherwise, permit or suffer any part or parcels of such Goods or Chattals to the value of two shillings or above, nor shall wittingly or willingly permit, confess or suffer judgment upon or for any feigned debts or demands or other, for more then is or shall be due and unpaid by or from such of such Testators or Intestates at such their departure, nor plead or set on foot, to or against any of such Creditors or Demandants, any Judgment or other matter of Record, Bond or Specialty or other thing satisfi∣ed or otherwise, for more thereof then is or shall be unpaid or sa∣tisfied, upon and under pain that every of such Executors and Ad∣ministrators making default in any of the Prem sses, shall forfeit and lose, and pay to every party to be grieved in that behalf, dou∣ble the value of every part & parcel of such Goods and Chattals so underprized or undervalued; and besides so much as every par∣ty to be so grieved shall sustain in that behalf, to be recovered as herein is mentioned: And that every of such Executors and Ad∣ministrators,

immediately next a••ter the proving of such Testa∣ment, or suing out of such Letters of Administration, or within convenient time next after request made by any Creditor or De∣mandant, or Legatee of any of such Executors or Administrators, shall sue and prosecute with effect, all such who do or shall owe any thing to any of such Testators or Intestates, at the time of his or her death, or from whom any thing be or shall be recoverable by any of such Executors or Administrators of such Testators or Intestates; and not wilfully forbear or surcease the same, until he, she or they shall recover or obtain the same, or satisfaction for so much; or otherwise upon request of such Creditor or Creditors, Demandant or Demandants, Legatee or Legatees, or party or par∣ties, (for whom such orders or Limitations was, be or shall be made, and after such demand and payment, or tender and securi∣ty given, assign, convey and transfer the same over to him, her or them who shall have priority in Law to be first satisfied, to every one in order respectively as he, she or they shall have such priori∣ty:) And that every of such Executors and Administrators be im∣powered and authorized to make such assignments, And impower and authorize him, her or them respectively, and in order as afore∣said, to recover and receive the same, so far as every such respec∣tive Debt or lawful Demand do or shall extend; And that such Assignment, Conveyance and Translation, Power and Authority, to be and shall be good, valid and available in Law to every such Assignee and Assignees to all intents and purposes for every or any such Assignee or Asignees, to sue or prosecute for such Debt, Du∣ty or Demand, in his, her or their own name or names, And that after notice thereof given to any (who did owe any thing to any Testator or Intestate, at the time of his or her death, or by or from whom any be or shall be to be recovered, or recoverable against any such Executor or Administrator of any such Testator or In∣testate, by reason of his, her or their Executorship, or Admini∣stratorship) every Release, Acquittance or discharge of him, her or them given or to be given to every and any so owing, or by or from whom any such thing were or shall be so owing or due, shall be invalid, void and of none effect.

And all and every of such Executors and Administrators (who do or shall so assign) shall deliver unto such Assignee or Assignees all Bills, Bonds and Specialties concerning the things so to be assign∣ed; who after recovery of so much, for which they were or shall be so assigned, shall redeliver to such of such Executors or Admini∣strators

(who made or shall make such Assignment or Assignments) or the overplus of the Mony over & above such Debts or Demands (which such Assignee or Assignees shall so recover, and also obtain.

And that if any of such Executors or Administrators do, or shall refuse or forbear, or surcease so to sue or prosecute; or so to Assign or so to deliver such B ls, Bonds, and Specialties, then the same shall be deemed and taken to be a wasting or devastation in Law, of so much as such Debt or Demand doth or shall amount to, and such of such Executors or Administrators (making default in any of the pre∣mises, to pay and satisfie to such Creditor, Demandant, or Legatee, the value thereof out of his, her or their own Estate) upon and under pain to forfeit and lose, and pay to every party to be grieved in that behalf, the value thereof to be recovered, &c. And that every such apprizement and valuation in such Inventory shal be upon oaths of credible persons (who shal depose the truth thereof, according to their and every of their Judgement and knowledge, before any Ju∣stice assigned to keep the Peace neer the place where such goods and Chattals be or shal be; And he be impowred and Authorized to Admi∣nister and take such Oaths without Fee. And that if any who do or shall depose such oath do depose any thing wilfully false, that then they shal and may be subject and liable to the paines and penalties provided against perjured persons, by and in Laws and Statutes of this Nation; and that every of such Executors or Administrators shall upon every reasonable request of such Creditors or Deman∣dants, Legatees or Parties (for whom any of such Limitations or Orders shal be) deliver or cause to be delivered from time to time a true Note of all and every the particulars, Goods and Chattals and certainties of all and singular the Rights and Credits (which they shall, after such first Inventory so delivered, have, receive in, obtain, re∣cover or come to the knowledge of such party so requesting, tender∣ing, giving, or paying for the same at the rate of 2 d for every 120 words thereof) And that every of such Executors and Administra∣tors upon the like request shall truly tell, inform, and give notice of every part and parcel of such the goods and chattals, and where they be or shall be, to, and permit and suffer all and every of such Creditor or Demandants, Legatees or parties (for whom any such limitations or Orders shal be) with one or two credible men to come to, and view, and to see the same without molestation or hindrance; and that all and every person and persons (who shall have the custody or keeping of, or in whose custody the same be or shall be, and he, she, or they, know the same) shall do the like.

And that every of such Executors and Administrators shall give such Intelligence, notice, and Information to any such parties before mentioned, so to request upon such request of the Names, Professions and Callings, of all and every the parties (from whom any Duty or Demand, was or shall be due to such Testator or Intestates) at such the times before mentioned, and of every particular County, City, Town, and Village, and Parish where they have dwelled or shall inhabit, dwell or reside, and the like of all and singular of the Witnesses concerning the same (which any of the parties so requesting do or shall know, or have or shall have certain Intelligence or Information of, who can or shall be able to Witnesse or testifie any thing material concerning the recovery of any of such Debts, Duties, or Demands) upon and under pain and penalty that such of such parties (who do or shall fail or make default in any of the premisses) shall lose and forfeit and pay to every party grieved or dampnified, or to be grieved or dampnified in the premisses, the value of such Debt, Duty, or De∣mand (in or concerning which such default or fayler be or shal be) to be recovered as before mentioned.

IV. For Preservation of Shipping from wilful Destruction, b•• de∣ceitful Persons, to defraud Purchasers and Creditors ••f ships bought, and money lent upon the same. And for increase of ship∣ing for this Nation.

FOr as much as divers Merchants and others (who have bought or lent money upon Ships, and took ingagements thereof for the same money) have been deprived of the benefit of such ingage∣ments, and lost their monies so paid for, or lent upon such ships, by reason of former Dormant bargaines, sales, and ingagements upon the same.

And whereas severall persons (who have lent money to be paid with increase when Ships shall return into severall Ports, or other∣wise such money was never to be paid, commonly called Bottomre) have been defrauded of such money by reason more money hath been lent upon such conditions then the Ship so to return hath been worth, and such loan kept secret, and afterward such Ship fraudu∣lently run on ground and wilfully suffered to perish, to prevent pay∣ment of such money, by which means if not prevented many ships may be so lost, being in the nature of Walls to this Nation.

And divers such fradulent persons who have borrowed money to be paid upon Ships at the return thereof, when any such Ships hath been cast away, have boasted and rejoyced, saying, That if she had come home they had lost by her.

It is proposed to be desired, that a Petition may be to the supreme Authority of this Nation, That it may

Be enacted, That no Ship, her Tackling or Apparel, hereafter shall be liable to or for the payment or satisfaction of any Debt or Demand for which she be or shall be charged or engaged, or shall be held by any who do or shall buy the same, unless such engage∣ment or sale be or shal be recorded or entred in both the places men∣tioned in the former recited Proposals or Propositions, and in such manner in a peculiar book to be kept for that purpose: And that if any such Entry or Record shall be done, as hereafter is mentioned, a∣gainst any who buy or shall buy the same for good consideration, or any to whom they be or shall be engaged and so entred.

W. L.

For if this above were so done, every one may be certain of good and certain security, and not be defrauded of his money to be payd for or engaged upon the security of any Ship, as too often hath been used after divers have been at great Charges a∣bout the Tackling and Apparel of some of such Ships, far be∣yond the value of the bottom or hulk thereof, and all other things belonging unto her, at the time when she was so sold or engaged.

E. L.

••nd that no Ships hereafter be or shall be liable or chargeable to or for ••••e payment of any money concerning any such Bottomre be∣fore mentio••ed onely, as against those or any of them who do or shall so lend o•• deliver any money upon the security of such Ship, and first so cause— the same to be entred or recorded,—un∣less the mony so lent or delivered upon Bottomre be or shall be so entred or Recorded, and upon what, and upon what ship by name, and the name of those — who were the Master and Owner or Owners thereof when such Mony was so lent or deli∣vered, and where she then rid,— lay, or remained.

W. L.

To the end and intent that every one, who do or shall deliver any Mony upon such condition of Bottomre, may view and see in such Records or Entries how far any such Ship is or shall be charged, that he, she, or they may take security upon such loan or delivery for charging of such Ship before she do or shall sail or pass out of any such Port or Harbor for the Repayment of such Mony so to be lent or delivered, if she be or shall be charged or engaged for Mony above her value, or for more then they do or shall think convenient & agree upon, by which means now the loan of Mony is so low, men will be willing to lend Mony upon these conditions, which will much ad∣vantage the encrease of Shipping.

E. L.

THE END.