1542: 34 & 35 Henry 8 c.4: Statute of Bankrupts.

1542: 34 & 35 Henry 8 c.4: An Act Against Such Persons As Do Make Bankrupt.

[Preamble.]

WHERE divers and sundry persons, craftily obtaining into their hands great substance of other men’s goods, do suddenly flee to parts unknown, or keep their houses, not minding to pay or restore to any their creditor, their duties, but at their own wills and pleasures consume debts and the substance obtained by credit of other men, for their own pleasure and delicate living, against all reason, equity, and good conscience: Be it therefore enacted by the authority of this present parliament, That the Lord Chancellor of England, or Keeper of the Great Seal, the Lord Treasurer, the Lord President, Lord Privy Seal, and other of the King’s most honourable Privy Council, the Chief Justices of either Bench for the time being, or three of them at the least, whereof the Lord Chancellor or Keeper of the Great Seal, Lord Treasurer, Lord President, or the Lord Privy Seal,

[Complaints.]

to be one, upon every complaint made to them in writing by any parties grieved, concerning the premises, shall have power and authority by virtue of this act, to take by their wisdoms and discretions,

[Order.]

such order and directions, as well with the bodies of such offenders aforesaid, wheresoever they may be had, or otherwise, as also with their lands, tenements, fees, annuities, and offices, which they have in fee-simple, fee-tail, term of life, term of years, or in the right of their wives, as much as the interest, right, and title of the same offender shall extend or be, and may then lawfully be departed with, by the said offender, and also with their money, goods, chattels, wares, merchandizes, and debts wheresoever they may be found and known.

[Sale.]

And to cause their said lands, tenements, fees, annuities, offices, goods, chattels, wares, merchandizes, and debts, to be searched, viewed, rented, and appraised, and to make sale of the said lands, tenements, fees, annuities, and offices, as much as the same offender may then lawfully give, grant, or depart with, or otherwise to order the same, for true satisfaction and payment of the said creditors; that is to say, to every of the said creditors, a portion, rate and rate like, according to the quantity of their debts. And that every direction, order, bargain, sale, and other things done by the said lords, authorized as is aforesaid, in writing signed with their hands, by authority of this act, shall be good and effectual in the law to all intents, constructions, and purposes against the said offenders, their heirs and executors for ever, as though the same order, direction, bargain and sale had been made by the said offender or offenders, at his or their own free will and liberty, by writing indented, inrolled in any the King’s courts of record.

2. And be it also further enacted by the authority aforesaid, That if after any such act or offence committed, and complaint whereof made to the said lords, as is aforesaid; any party grieved concerning the premises, knowing, supposing, or suspecting any of the goods, chattels, wares, merchandizes, or debts of such offender or offenders, to be in custody, use, occupying, keeping, or possession of any person or persons, or any person or persons to be indebted to any such offender or offenders, do make relation thereof to the said lords, to whom authority is given by this present act, as is aforesaid, that then the said lords shall by virtue hereof have full power and authority to send for and convent afore them,

[Process.]

by such process, ways or means, as they shall think convenient, by their discretions, all and every such person and persons so known, supposed, or suspected to have any such goods, chattels, wares, merchandizes, or debts, in his or their custody, use, occupation, keeping, or possession, or supposed or suspected to be indebted to such offender or offenders:

[Examination.]

and upon their appearance, to examine them and every of them, as well by their oaths as otherwise, by such ways and means, as the said lords by their discretions shall think meet and convenient, for and upon the specialty, certainty, true declaration, and knowledge, of all and singular such goods, chattels, wares, merchandizes, and debts, of any such offenders, as be supposed or suspected to be in his or their custody, use, occupation, or possession, and of all such debts as by them, or any of them, shall be supposed or suspected to be owing to any such offender.

[Concealment.]

And if any such person or persons upon such examination do not disclose, plainly declare, and shew the whole truth of such things as he or they shall be examined of, concerning the premises, then every such person or persons so examined, and not declaring the plain and whole truth concerning the premises, upon due proof thereof to be made before the said lords therefore authorized, as is aforesaid, by witness, examination, or otherwise, as to the same lords shall seem sufficient in that behalf,

[Forfeit.]

shall lose and forfeit double the value of all such goods, chattels, wares, merchandizes, and debts by them or any of them so concealed, and not wholly and plainly declared and shewed; which forfeitures shall be levied and recovered by the said lords, having authority as is aforesaid, by such ways and means as to them shall seem requisite and convenient. And the same forfeiture to be distributed and employed to and for the satisfaction and payment of the debts of the said creditor or creditors, in such like manner, rate and form, as is above declared concerning the ordering of the goods and chattels of the said offenders, keeping their houses, or flying to places unknown, as is aforesaid.

3. And be it also further enacted by the authority aforesaid, That if after any such person or persons shall keep his or their houses, or flee to parts unknown, as is aforesaid, any person or persons do fraudulently,

[Claim.]

by covin or collusion, claim or demand any debt, duty, or other thing, by writing or otherwise, of any such offender or offenders, other than such as he or they can and do prove to be due by right and conscience, in form aforesaid, before the said lords having authority by this present act, as is aforesaid, and the same to proceed bona fide, without fraud or covin: that then every such person and persons, so craftily demanding or claiming any such debt, duty, or other thing, as is aforesaid, shall forfeit and lose double as much as he or they shall so claim or demand. And the same forfeiture to be levied, recovered, and imployed, in manner and form as is afore rehearsed.

[Collusions.]

4. And be it also further enacted by the authority aforesaid, That if any such person or persons, which shall keep his or their houses, or flee to parts unknown, as is aforesaid, or intend to delay or defraud their creditors deceitfully by covin or collusion, suffer or cause any other person or persons to recover against him or them any debts, goods, chattels, wares, or merchandizes, without just cause and title so to do, proceeding bona fide, without fraud or covin, that then upon complaint thereof made to the said lords having authority by this present act, as is aforesaid, the said lords shall have power and authority by virtue hereof to convent and call before them the said recoverer or recoverers, and after such fraud, deceit, covin, or collusion, shall plainly appear, or be duly proved before the said lords authorized as is aforesaid, all the said goods and chattels of the said offender so recovered, shall be chargeable, imployed, ordered, and delivered toward the payment of the true and due debts of the said creditor, after the manner, form, and rate, as is afore specified, by the discretion of the said lords, having authority by this present act, the aforesaid false and feigned recoveries notwithstanding, so that always such false and feigned recoveries shall not be in force, or any execution thereby had of or upon any goods, chattels, lands, or tenements of any such offender or offenders, until such time as all his or their true and due debts and duties shall be fully satisfied, contented, and paid to his or their creditors. And nevertheless after that the said true debts and duties shall be fully satisfied and paid, as is aforesaid, as well the body of the said offender, as his lands, tenements, goods, and chattels,

[Execution.]

shall be charged and liable to the execution of the said recovery, according to the tenor, force, and effect of the same.

[Complaint.]

5. And be it also enacted by the same authority, That if any such person or persons, which shall be indebted, do withdraw himself out of this realm, and other the King’s dominions, into any foreign realm, or country, to the intent thereby to abide and remain, in defraud of his creditors; that then upon complaint in writing concerning the premises thereof made to the said lords having authority, as is aforesaid, the same lords shall, by virtue and authority of this present act,

[Proclamation.]

have full power and authority to award proclamations to be made in such places as to them shall be thought meet and convenient, commanding by the same such offender in the King our sovereign lord’s name, to return with all convenient speed into this realm, and to yield his body before the said lords, having authority as is aforesaid, or one of them. And if the said person within three months next after he shall have knowledge of such proclamation, or as soon after as he conveniently may, do not repair and yield his body as is aforesaid, that then the body of all and every such offender and offenders, shall be judged, taken, and deemed, to all intents and purposes, out of the King’s protection, and that also all goods, chattels, lands, tenements and debts of every such offender shall be by the order and discretion of the said lords, imployed and distributed amongst his creditors equally and indifferently, rate for rate, in like manner and form as is afore declared.

[Aiders.]

And that also every person or persons, that shall willingly help to aid, imbezil, or convey any such person or persons, their said goods, chattels, wares, or merchandizes, out of this realm, and other the King’s dominions, into any foreign realm or place, knowing the said person or persons to depart or withdraw themselves, or convey their said goods, chattels, wares, and merchandizes, for the cause and intent aforesaid, shall suffer such pains by imprisonment of their bodies, or pay such fine to our sovereign lord the King, his heirs or successors, as to the said lords, having authority by virtue of this present act, shall seem meet and convenient for their said offence or offences.

[Creditors.]

6. Provided always, and be it enacted by the authority aforesaid, That if the creditors of any such offender or offenders, which shall keep his or their house or houses, or which shall absent or withdraw themselves into places unknown, for the cause aforesaid, be not fully satisfied and paid, or otherwise contented, for their debts and duties, by the ways and means afore specified and declared, that then the said creditor and creditors, and every of them, shall and may have their remedy for the recovery and levying of the residue of the same debts or duties, whereof they shall not be fully satisfied and paid, or otherwise contented, in form aforesaid, against the said offender or offenders, in like manner and form as they should or might have had, before the making of this act. And that the said creditor and creditors, and every of them, shall be only barred and excluded, by virtue of this act, of and for all and every such part and portion of the said debts and duties, as shall be paid, satisfied, distributed, or delivered unto him or them by the said lords, having authority as is aforesaid, and of no more portion or parcel thereof, any thing herein specified, that may be taken or construed to the contrary notwithstanding.

Source: Christian, Origin, Progress, and Present Practice of the Bankrupt Law, vol. 1.
See also: Pickering, Statutes at Large, vol. 5.

Original: Parliament Archives catalogue record.

Further reading: Wikipedia.