the chamber, cofferer of the household to the Queen's Majesty, her heirs or successors, treasurer for the wars, treasurer of any fort, town or castle, where any garrison is or shall be kept, treasurer of the admiralty or navy, treasurer, under-treasurer or other person accomptable to the Queen's Majesty, her heirs or successors, for any office or charge of or within the Mint, treasurer or receiver of any sums of money imprest, or otherwise, (1) for the use of the Queen's Majesty, her heirs or successors, or for provisions of victual, or for fortifications, buildings or works, or for any other provisions to be used in any the offices of the Queen's Majesty's ordnance and artillery, armory, wardrobe, tents and pavilions, or revels, customer, collector, farmer of customs, subsidies, imposts or other duties within any port of the realm, collector of the tenths of the clergy, collector of any subsidy or fifteen, receiver general of the revenues of any county or counties, answerable in the receipt of the Exchequer, or in the court of wards and liveries, or the duchy of Lancaster, clerk of the hamper, now hath, or at any time hereafter shall have, within the time whilst he or they or any of them shall remain accountable; shall for the payment and satisfaction unto the Queen's Majesty, her heirs and successors, of his or their arrearages, at any time hereafter to be lawfully, according to the laws of this realm, adjudged and determined upon his or their account (all his due and reasonable petitions being allowed) be liable to the payment thereof, and be put and had in execution, for the payment of such arrearages or debts to be so adjudged and determined upon any such treasurer, receiver, teller, customer, collector, farmer, officer or accomptant, as is before named, in like and in as large and beneficial manner to all intents and purposes, as if the same treasurer, receiver, teller, customer, farmer or collector, upon whom any such arrearages or debts shall be so adjudged or determined, had the day he became first officer or accomptant stood bound by writing obligatory, having the effect of a statute of the staple, to her Majesty, her heirs or successors, for the true answering and payment of the same arrearages or debts. II. And forasmuch as many times it may come to pass, that the 'Queen's Highness, her heirs or successors, shall not or may not be conveniently satisfied of the debt to be determined or due upon any account or farm as is aforesaid, by way of extent, for that the yearly value of the lands extended will not satisfy her Highness, her heirs or successors, within the compass of many years, so as thereby great loss might ensue to her Highness, her heirs and successors;' For remedy thereof be it further enacted, That if any treasurer, receiver, collector, farmer, customer, teller, collector of custom, subsidy or impost, or other person accountant before-mentioned, which shall from and after the feast of St. Michael the Archangel now next coming receive or be chargeable with any money or treasure of our said Sovereign Lady the Queen, her heirs or successors, and shall upon the determining of his or their account (all his and their due petitions to them upon the same account being allowed) or by reason of any farm, as aforesaid, be found in arrearages, or to owe unto our said Sovereign Lady the Queen, her heirs or successors, any sum or sums of money, and shall not within the space of six months next after his or their accounts finished, or debt known, (having allowance of his or their due and reasonable petitions, as is aforesaid, truly satisfy and pay all such arrearages and sums of money as he or they shall owe upon determination of his or their account, or upon his or their debt known, as is aforesaid; that then it shall and may be lawful to the Queen's Highness, her heirs and successors, at any time, and from time to time, after the said six months ended, to make sale by her or their letters patents under the great seal of England, of so much of the lands, tenements and hereditaments of every such accountant or debtor so being found in arrearages or in debt, as is above-mentioned, as may suffice our said Sovereign Lady the Queen, her heirs or successors, for the satisfaction of his or their debt or arrear (1) Vide 4 Taunt. 331. No. XIII. 13 Elizabeth, c. 4. Delivery of the overplus to the owner of the land. The sale good against the Queen and accountant. *Read, against the party accountant. Accountant purchaseth lands in others' names, Lands purchas. ed by account ants since the beginning of the Queen's reign. ages, to be determined or adjudged upon his or their account or farm, as is aforesaid, (all due petitions being allowed, as is aforesaid) until her Majesty, her heirs or successors, be by such sale fully satisfied and paid off such arrearages and debt to be found upon account or farm, as is aforesaid. III. And if any overplus of money shall be received or had upon any such sale, then the same shall be paid and delivered to the accountant or farmer, or his heirs, by the officer that shall receive the money upon any of the said sales, without any further or other warrant in that behalf to be made or obtained. IV. And be it further enacted by the authority aforesaid, That all the said sales to be made by the Queen's Majesty, her heirs or successors, as is aforesaid, shall be good and available in law against the party accountant indebted as is aforesaid, and his heirs claiming as heirs, and against the Queen's Majesty, her heirs and successors, notwithstanding any former charge or incumbrance to her Majesty, her heirs and successors, by the person or persons for whose debt or duty the same shall fortune to be sold. V. And be it further enacted by the authority aforesaid, That if any person or persons accountant or indebted, as is aforesaid, shall at any time after he or they shall become accountant or chargeable, as is aforesaid, purchase and buy, or cause to be purchased and bought, any lands, tenements or hereditaments, and cause the assurance thereof to be made in the name of any other person or persons, where the same is indeed meant or intended to the use, profit or behoof of such person accountant or indebted, or of any other person or persons, and that the same manner of purchasing, and secret uses, profits or behoof, shall be found by office or inquisition; That then all and every lands, tenements and hereditaments so to be bought or purchased, or caused to be pur chased (as is before mentioned in this last proviso) shall by virtue of this Act be taken, deemed and used for the satisfaction of the arrearages and debt of every such accountant or debtor, as is above-mentioned, to all intents and purposes, as though the person or persons indebted upon his or their account or farm were thereof actually seized of such estate that was conveyed to any person or persons, by any such accountant or debtor, or by his means, as is aforesaid: And that all sales to be thereof made by the Queen's Majesty, her heirs or successors, for satisfaction of such debt or arrearages as shall be found, as is aforesaid, to be due and owing to our said Sovereign Lady the Queen, her heirs and successors, shall be of the like effect, and be used and done in such like manner and form, as is before expressed, VI. And whereas heretofore some treasurers, tellers, receivers, col'lectors and others, having had charge of the Queen's Majesty's money ' and treasure, have gotten into their hands great sums of the Queen's 'Majesty's money and treasure sithence the beginning of her Majesty's reign, and have most fraudulently employed her Majesty's money and treasure which they had in their charge, in sundry wise to their own uses, partly in the purchasing her Majesty's own lands, and partly in purchasing lands of others: And to the intent the same should not be ⚫liable to satisfy and pay her Majesty, her heirs or successors, of that which to her or them should appertain, have purchased the same some' times in their own names, and sometimes in the names of sundry their 'friends and kinsfolks, wives or children, and yet nevertheless have taken and received the rents and revenues thereof to their own uses :' VII. Be it therefore further enacted and ordained by the authority aforesaid, That all and singular lands, tenements and hereditaments, which any treasurer, receiver, teller, customer, collector, officer or accountant before named, hath heretofore since the beginning of the Queen's Majesty's reign purchased or caused to be purchased, to the intent the same should not be liable, as is aforesaid (the fraud and covin aforesaid being first found by office or inquisition) shall and may be seized and taken by her Majesty, her heirs and successors, and retained by her Majesty, her heirs and successors, in fee simple, to be sold or 13 Elizabeth, c. 4. otherwise used at her and their wills and pleasures, towards the payment No. XIII. and satisfaction of all and every arrearages already set or determined and adjudged, or that hereafter shall be set, determined or adjudged, upon his or their account (all reasonable and due petitions being allowed) at such rate and value as the same were purchased or bought, or caused to be purchased or bought, by any such treasurer, receiver, teller, customer or collector before named, or by any other person to their use. VIII. Provided always, That if the lands and tenements so to be TheQueenshall seized, taken or sold, by her Majesty, her heirs or successors, as is last seize only so above-mentioned, do surmount, after the rate and value aforesaid, the much land as debt and arrearages to be set, determined and adjudged upon the will satisfy her. account of any treasurer, receiver, teller, customer, collector or accomptant before named, that then her Majesty, her heirs and successors, shall take and seize only so much as shall amount, after the rate and value aforesaid, to the just payment and satisfaction of such debt and arrearages as hath been or shall be set, determined or adjudged upon his or their account as is aforesaid. IX. Provided always, and be it further enacted by the authority No bishop's aforesaid, That no bishop having the collection of any subsidy or lands shall be tenths, or any his lands, tenements or hereditaments, whereof he is chargeable. seized in the right of his bishopric, shall be charged by virtue of this Act for any arrearages of tenths or subsidy, otherwise or in any other manner than he might lawfully have been before the making of this Act; any thing herein contained to the contrary thereof notwithstanding. X. And be it also further provided and enacted by the authority Accountant aforesaid, That this Act, or any thing therein contained, shall not in whose receipt any wise extend to charge any treasurer, receiver, teller, customer, exccedeth not collector or accomptant aforesaid, having any yearly receipt, nor any 300% their lands, tenements or hereditaments, whose yearly receipt, collection and charge, or whose whole receipt from the beginning of his charge, is not or hath not been, or hereafter shall not be, above the sum of three hundred pounds; otherwise or in any other manner and form than he or they might lawfully have been charged before the making of this Act; any thing herein contained to the contrary thereof notwithstanding. XI. And forasmuch as sundry the accountants before named, 'namely, the treasurer of the chamber, and cofferer of the household, of our said Sovereign Lady the Queen, her heirs and successors, 'treasurers of wars or garrisons, treasurers of the navy, treasurers or receivers of any sums of money for provision of victual, or for fortifi'cations, or for buildings, and master of the wardrobe, are by order of their offices and charge, after their accounts ended and determined, to Accountants disburse, expend and defray the debt remaining upon their accounts, which are not in such charges as are necessarily and incidentally to be spent and tomake present provided in their offices and charges, so as they are not of such sums of payment. money or debt remaining upon their account to make present pay 'ment and satisfaction as other accountants are:' XII. Be it therefore enacted and ordained by the authority aforesaid, That this Act or any thing therein contained shall not extend to give any power or authority to make sale of any lands, tenements or hereditaments, for any such debt to be set and adjudged in any of his or their accounts mentioned in this branch, unless the Queen's Majesty, her heirs and successors, upon the ending or determining of his or their accounts (all his or their due petitions to them upon the same accounts being allowed) require or command present payment thereof, or otherwise eftsoons require a new account of the same debt so set or remaining in any the accounts mentioned in this branch; and that then the same debt, or any part thereof, shall be found to be owing and unexpended in the matters or charges pertaining to any of their said offices or charges mentioned in this branch, and the same debt remain unpaid by the space of six months after such request or commandment. c. 4. No. XIII. XIII. Provided alway, That this Act shall not extend to charge any 13Elizabeth, sheriff, escheator or bailiff of liberties, or the lands, tenements or hereditaments of any sheriff, escheator or bailiff of liberties, nor of any their heirs or assigns, for any thing touching his or their office of sheriffwick, escheatorship, or bailiffwick, nor for any money by him or them received or to be received by reason of any their said offices, otherwise or in any other manner than he or they might lawfully have been charged before the making of this Act; any thing herein contained to the contrary notwithstanding. This Act shall not charge any sheriff, escheator, or bailiff of liberties. Lands purchased bona fide. Any party grieved may have a traverse. If the Queen do sell the accountant's lands, his sure ties shall be discharged for so much. Certain personsnotchargeable by this Act. XIV. Provided also, That this Act, as touching only the sale of any lands or tenements, shall not extend to any lands, tenements or hereditaments, which any person or persons now have or enjoy, and have purchased or obtained bona fide, and not being privy or consenting unto any such intent to defraud the Queen's Majesty, as is abovesaid: And that it shall be lawful to every person and persons whose lands, tenements or hereditaments, shall by any office or inquisition be found to be fraudulently conveyed or assured, as is abovesaid, to have his or their lawful traverse to every such office or inquisition; and if it be found with the party that tendreth the traverse, that then he shall have the said lands out of the prince's hands without any petition, livery or ouster le main, or any other suit to be had, made or used; and the same being found for such person or persons so traversing, the same lands, tenements and hereditaments, shall be adjudged as not liable, chargeable, nor to be sold by force of this statute. XV. Provided also, and be it enacted, That if the Queen's Majesty, her heirs or successors, shall by any sale of lands by force of this statute be fully satisfied of the debt or arrearages of any such accountant or debtor, or any part thereof, then the sureties of such accountant or debtor shall be discharged of so much of the said debt, forfeiture and arrearages, as so shall be satisfied, and for the residue only shall be rateably according to their abilities charged; any thing in this or any other statute to the contrary notwithstanding. XVI. Provided always, That this Act, nor any thing therein contained, shall in any wise extend to charge Henry Golding, Esq.; and Thomas Neale, one of the Queen's Majesty's auditors, or the lands or tenements of either of them, to whom the Queen's Majesty hath demised any customs, subsidies or imposts, in any thing only touching the said demise and lease, otherwise or in any other manner than they might have been lawfully charged if this Act had never been had or made, except they or either of them do hereafter take any of the profits of the said subsidies, customs or imposts by force of the said demise; any thing herein contained to the contrary thereof notwithstanding. 27 Elizabeth, W c. 3. A question arising upon the exposition of the statute of 13 El. c. 4. [ No. XIV. ] 27 Elizabeth, c. 3.-An Act for the Explanation of an Act made in the thirteenth Year of the Queen's Majesty's Reign, intituled "An Act to make the Lands, Tenements, Goods and Chattels of Tellers, Receivers, &c. liable to the Payment of their Debts." WHERE in the Parliament holden at Westminster the second day of April in the thirteenth year of the reign of our Sovereign Lady Queen Elizabeth, there was amongst other things an Act made, 'intituled, "An Act to make the Lands, Tenements, Goods and Chat'tels of Tellers, Receivers, &c. liable to pay their Debts;" upon which Act some doubt and question hath been moved, whether the Queen's Highness, her heirs and successors, might for the satisfaction of her and their debts and farms, by her or their letters patents under the great seal of England, make sale of any the lands, tenements, and hereditaments, whereof her Highness, her heirs and successors, have power or authority to make sale by virtue of the same Act, after the death of such accountant or debtor as is mentioned in the said Act, · No. XIV. ' or where the account of such accountant or debtor was not or is not ♦ made, or his or their debt known in the lifetime of the same account- 27 Elizabeth, 'ant or debtor :' c. 3. countant's lands after his death. II. For declaration and explaining whereof, be it declared and enacted by the authority of this present Parliament, That the said Act, in every Sale of the acpart thereof, touching the power given by that recited Act unto her Highness, her heirs and successors, to make sale of any the lands, tenements, or hereditaments, by the same Act limited to be sold, is, shall and ought to be expounded and intended, as well in case where the sale is to be made after the death of such accountant or debtor, as where it is to be made in his or their life time; and also as well in case where the account is made, or the debt known within eight years after the death of such accountant or debtor, as where the same account is made, or the debt known in the lifetime of the same accountant or debtor; any ambiguity or question that hath risen or grown, or may arise, grow or be conceived, upon the letter of the same Act to the contrary thereof in any wise notwithstanding. The account ant's debt known within eight years after his death. Process against III. Provided always, and be it enacted by the authority aforesaid, That after the death of such accountant and debtor, as is mentioned in the accountthe said recited Act, and before such time as any the lands, tenements ant's heir beand hereditaments descended unto the heir of such accountant or fore the sale of debtor as heir unto the same accountant or debtor, shall be sold as his lands. aforesaid, a scire facias shall be awarded out of her Majesty's Court of Exchequer unto the sheriff of the county where any such lands do lie, to garnish the same heir to shew cause why the same lands, tenements and hereditaments so to him descended as aforesaid, should not be put to sale for satisfaction of the same debts or farms in the same Act mentioned, according to the tenor of the said Act; whereupon if the heir do not within a convenient time upon a garnishment or two nichils returned, shew and prove unto the said court, that the executors or administrators of such accountant or debtor have sufficient, which ought to answer or be liable for the same debt or farm, and whereby the said debt or farm shall and may be duly and fully satisfied; That then after ten months next after such two nichils, or garnishment returned, the same lands, tenements and hereditaments shall be sold by her Majesty, her heirs or successors, and the money thereof coming disposed according to the true intent and meaning of the said former recited Act. IV. And be it further enacted by the authority aforesaid, That the said recited Act, and this statute of explanation also, as touching only the sale of any lands, tenements or hereditaments, to be made after the death of such accountant or debtor as is aforesaid, shall not extend to any lands, tenements or hereditaments, which any person or persons not being privy or consenting unto any such intent to defraud the Queen's Majesty, her heirs or successors, as in the said recited Act is mentioned, now have or enjoy, or have purchased or obtained, or before any scire facias so to be awarded as aforesaid, shall have or enjoy, purchase or obtain bona fide and upon good consideration; any thing in this Act, or in the before mentioned Act to the contrary thereof in any wise notwithstanding. The heir's sale good to him who is not consenting to defraud the Queen. V. Provided always, and be it enacted, That this Act of explanation To what acshall extend only unto such as have been or shall be tellers, receivers, countants this treasurers, customers, cofferers of the household, farmers of impost, statute of excollectors, bailiffs, victuallers, and other officers of receipts and ac- planation shall counts unto our Sovereign Lady the Queen's Majesty, her heirs and extend. successors, and to every of them, their heirs, executors and administrators, and to no other. VI. Provided also, and be it further enacted by the authority aforesaid, That in such cases where any account shall or ought to be made, or any debts shall be owing in the courts of the duchy of Lancaster, and wards and liveries, or in any of them, then after the death of such accountant or debtor as is mentioned in the said former Act, in any of the said last mentioned courts, and before such time as any of the lands, Process against the heir where the debt groweth in the court of wards or duchy. |