No. III. 31 Eliz. c. 12. V. And be it further enacted by the authority aforesaid, That after twenty days after the end of this session of Parliament, not only all accessaries before such felony done, but also all accessaries after such felony, shall be deprived and put from all benefit of their clergy, as the principal by statute heretofore made is or ought to be. An Accessary to a Horse-stealer shall not have his Clergy. 1 E. 6. c. 12. 2 & 3 E. 6. c. 33. 1 James I. c. 21. The Manner to present and al low of Brokers in London. Stat. Civ. Lond. 13 E. 1. St. 5. The Differences between ancient and present Brokers. The Abuse of Brokerage in these later Years. Fripperers and no Brokers. [No. IV. ] 1 James I. c. 21.-An Act against Brokers. FORASMUCH as of long and ancient time by divers hundred years there have been used within the city of London and liberties thereof certain freemen of the city, to be selected out of the companies and mysteries whereof they are free and members, and the same persons to be presented at least by six approved and known honest persons of the same mystery to the Lord Mayor of London for the time being and to the aldermen his brethren, and to be recommended by such presentors to be persons for their known approved honesty integrity and 'faithfulness persons meet for to be broker or brokers, and upon such relation made to the mayor and aldermen and partly by their own 'knowledge and diligent enquiries made of the said persons and of their honest fame report fidelity and skill, have been thereupon admitted allowed and approved by the lord mayor of the city and aldermen in the court of aldermen to be brokers within the said city and liberties of the same, and have taken their corporal oaths before the said mayor and aldermen from time to time as they were so presented and ad'mitted to use and demean themselves uprightly and faithfully between 'merchant English and merchant strangers and tradesmen in the contriving making and concluding bargains and contracts to be made between them concerning their wares and merchandizes to be bought and 'sold and contracted for within the city of London, and monies to be taken up by exchange between such merchant and merchants and 'tradesmen; and these kind of persons so presented allowed and sworn 'to be brokers as aforesaid, have had and borne the name of brokers and been known called and taken for brokers and dealing in brokage or brokery; (2.) who never of any ancient time used to buy and sell garments houshold stuff or to take pawns and bills of sale of garments and apparel, and all things that come to hand for money laid out and lent upon usury, or to keep open shops and to make open shews and an open trade, as now of late years hath and is used by a number of citizens assuming unto themselves the name of brokers and brokerage, as though the same were an honest and lawful trade mystery or occupation terming and naming themselves brokers, whereas in truth they are not, abusing the true and honest ancient name and trade of broker or brokerage. 6 6 II. And forasmuch as many citizens freemen of the city being men of manual occupations and handicraftsmen and others inhabiting and remaining near the city and suburbs of the same, have left and given over and daily do leave and give over their handy and manual occupations, and have and daily do set up a trade of buying and selling, and taking to pawn of all kind of worn apparel, whether it be old or little the worse for wearing, houshold stuff and goods of what kind soever the same be of, finding thereby that the same is a more idle and easier kind of trade of living, and that there ariseth and groweth to them a more ready more great more profitable and speedier advantage and gain than their former manual labour and trades did or could bring them: III. And forasmuch as the said kind of counterfeit brokers and pawntakers upon usury or otherwise for ready money are grown of late to many hundreds within the City of London and other places next adjoining to the city and liberties of the same, and are like to increase to far greater multitudes, being fripperers and no brokers nor exercising of any honest and lawful trade, and within the memory of many yet living such kind of persons tradesmen were very few and of small ' number: No. IV. 1 James I. c. 21. IV. And forasmuch as there are not any garments apparel houshold stuff or other goods of any kind whatsoever the same be of, either being stolen or robbed from any or badly or unlawfully purloined or come by, but these kind of upstart brokers under colour and pretence they be freemen of the said City of London or inhabiting in Westminster, where they pretend to have the like overt market as the City of London, By what Means and thereby presuming to be lawful for them to use and set up the upstart Brokers same idle and needless trades, being the very means to uphold main- come by their tain and embolden all kind of bad and lewd persons to rob and steal, Goods. and unlawfully to get and come by true mens goods, knowing and finding that no sooner the same goods can be stolen or unlawfully come by, but that they shall and may presently utter vent sell and " pawn the same to such kind of new upstart brokers for ready money: (2.) For remedy whereof and for the avoiding of the said mischiefs and Inconveniencies inconveniences and for repressing and abolishing of the same idle and ensuing by up'needless trades and upstart brokers, and for the avoiding of thefts rob- start Brokers. beries and felonies and bad people, and for the repressing of such kind of nourishers and aiders of thieves and bad people, and for the defence of honest and true mens properties and interests in their goods :' V. Be it enacted and declared by our Sovereign Lord the King, with The Sale of the assent of the Lords Spiritual and Temporal and Commons in this Goods wrongpresent Parliament assembled, and by the authority of the same, That fully gotten no sale exchange pawn or mortgage of any jewel plate apparel houshold shall not alter stuff or other goods of what kind nature or quality soever the same shall the Property of be of, and that shall be wrongfully or unjustly purloined taken robbed them. or stolen from any person or persons or bodies politick, and which at any Kelyng 50. time hereafter shall be sold uttered delivered exchanged pawned or done away within the city of London or liberties thereof or within the city of Westminster in the county of Middleser or within Southwark in the county of Surrey or within two miles of the said city of London, to any broker or brokers or pawn-takers, by any way or means whatsoever directly or indirectly shall work or make any change or alteration of the property or interest of and from any person or persons or body politick from whom the same jewels plate apparel houshold stuff or goods were or shall be wrongfully purloined taken robbed or stolen; any law usage or custom to the contrary notwithstanding. VI. And for the better maintaining of true honest dealing, and for the eschewing and avoiding of falsehood fraud and deceit in such kind of brokers and pawn-takers: VII. Be it furthermore enacted and established by the like authority, A Broker upon That if any person or persons or bodies politick from whom any jewels Request shall plate apparel houshold stuff or any kind of goods whatsoever shall be declare what wrongfully purloined taken stolen or robbed, shall require and demand Goods be come of any such broker or pawn-taker to declare whether any such goods be to his Hands. come to his or their possessions, and to declare shew and manifest the same, and how and by what means he had them or came by the same, and how when and to whom he hath delivered conveyed or bestowed and employed the same; and that such broker upon any such request and demand to be made shall deny and refuse to disclose tell or manifest the same truly and justly, shall forfeit unto the true owner or owners of such jewels plate apparel houshold stuff and other goods, from whom the same were wrongfully purloined taken stolen or robbed, double the value, thereof that shall be denied and refused to be disclosed told and manifested as aforesaid; the same double value to be recovered by the true owner or owners of such goods from whom the same were wrongfully purloined taken robbed or stolen, to be recovered by action of debt bill or plaint in any of the King's Majesty's courts of record at Westminster, or within the city of London, in which no essoin wager of law or protection shall be allowed. VIII. Provided always, That this Act nor any thing therein contained shall not be prejudicial or hurtful to the ancient trade of brokers within the city of London, using and exercising the ancient trade of brokers between merchant and merchant or other traders or occupiers within the said city and the liberties of the same being selected as aforesaid. PART III. CLASS XIII. Rast. Ent. f. 541. Co. Ent. f. 564. Executors and Administrators. [No. I.] 9 Henry III. c. 18.-(MAGNA CHARTA.)—The King's Debtor dying, the King shall be first paid. 9 H. III. c. 18. IF any that holdeth of us layfee do die and our sheriff or bailiff do shew our letters patents of our summon for debt which the dead man did owe to us; it shall be lawful to our sheriff or bailiff to attach and inroll all the goods and chattles of the dead being found in the said fce to the value of the same debt by the sight † and testimony of lawful men, so that nothing thereof shall be taken away until we be clearly paid off the debt; (2.) and the residue shall remain to the executors to perform the testament of the dead; (3.) and if nothing be owing unto us all the chattles shall go to the use of the dead (saving to his wife and children their reasonable parts.) 52. 56. 58. 60. Bro. Ration. 2. 5, 6. 2 Inst. 32. * Add Lay. + Not in Orig. Supra, c. 8. [No. II. ] 13 Edward I. St. I. (Westminster 2.) c. 19.— The Ordinary chargeable to pay Debts as Executors. 13 Ed. I. St. 1. WHEREAS after the death of a person dying intestate which is c. 19. Dyer 232. 5 Co. 83. Fitz. Brief, 822. Fitz. Execut. 77. c. 23. bounden to some other for debt the goods come to the ordinary to be disposed; (2.) the ordinary from henceforth shall be bound to an swer the debts as far forth as the goods of the dead will extend in such ‹ sort as the executors of the same party should have been bounded if he had made a testament.' [No. III. ] 13 Edward I. St. J. (Westminster 2.) c. 23. -Executors may have a Writ of Accompt. 13 Ed.III. St. 1. EXECUTORS from henceforth shall have a writ of accompt, and the same action and process in the same writ as the testator 2 Inst. 404. might have had if he had lived.' Fitz. Executors, 97. 4 Ed. 3. c. 7. 4 Ed. III. c. 7. Rast. 640. 13 Ed. 1. St. 1. c. 23. 1 Ventr. 187. 7 H. 4. f. 18. 11 H. 4. 3. [ No. IV. ] 4 Edward III. c. 7.-Executors shall have an Action of Trespass for a Wrong done to their Testator.* ITEM, Whereas in times past executors have not had actions for a trespass done to their testators as of the goods and chattels of the same testators carried away in their life and so such trespasses have "hitherto remained unpunished;" It is enacted, That the executors in 'such cases shall have an action against the trespassers and recover their damages in like manner as they whose executors they be should have had if they were in life.' 6 Fitz. Bar. 217. Fitz. Execut. 52. 106. Cro. El. 377.384. Latch. 167. In Emerson v. Emerson, 1 Vent. 187. the declaration was, that the defendar.t, bluda crescentia upon the freehold of the testator, niessuit defalcavit cepit et asportavit. And on error it was ob jected, that it is a trespass to the freehold, for which the statute gives no action, and that as entire damages were given, as well for cutting as the carrying away, the judgment was erroneous, but all the court were of another opinion; for it is but one entire trespass, the declaration only describes the manner of taking it away. Indeed, if it had been quare clausum fregis et blada asportavit, it had been nought, or if he had cut the corn, and let it lie, no action would have lain for the Executor. So if the grass of the testator be cut and carried away at the same time, because the grass is part of the freehold, but corn standing is a chattel.-The stat. of 4 Edward 3. hath been always expounded largely. In Russell v. Pratt, cited Anders. 243. it was held that an Executor might maintain ejectione firma, as the testator had been wrongfully ousted of his chattel.-In Sale v. Sale, Anders 241 R. that an Executor shall have quare impedit for a disturbance in the life time of the testator. Debt on stat. 2 Edward 5. for not setting out Tythes-Holl v. Bradford, Sid. 88.-Morton v. Hopkins, id. 407. On Devastavit.-Berwick v. Andrews, I Salk. 314. For an escape of one taken in Execution. Dyer 322.-Vi. Lord Raym. 40.-1 Lord Raym. 273. Query, as to mesne process, 1 Rol. 912. For false return on fieri facias, Williams v. Grey.-1 Lord Raym. 40.-1 Salk 12. On stat. 8 Anne, c. 17. for removing goods without paying a year's rent.- Pulgrave v. Windam, 1 Str. 212. For other cases see Com. Dig. Administration, B. 13. [ No. V. 25 Edward III. St. 5. c. 5.-Executors of Executors shall have the Benefit and Charge of the first Testator. ITEM it is accorded and stablished, That executors of executors shall 25 Ed. III.St. 5. have actions of debts accompts and of goods carried away of the c. 5. ⚫ first testators and execution of statutes merchants and recognizances 13 Ed. 1. St. 1. made in court of record to the first testator in the same manner as the c. 23. first testator should have had if he were in life, as well of actions of the Plowd. 286. time past as of the time to come in all cases where judgment is not yet Fitz. Covenant, given betwixt such executors of executors; but that the judgments 24. Fitz. Exegiven to the contrary to this article in times past shall stand in their cut. 92. 103. force; and that the same executors of executors shall answer to other 110, 120. of as much as they have recovered of the goods of the first testators as the first executors should do if they were in full life."* * The executor of the executor of J. S. may be named directly an executor of J. S. 1 Leon 275. [ No. VI. ] 31 Edward III. St. 1. c. 4.-Redressing of I No. VII. ] 31 Edward III. St. 1. c. 11.-To whom the Ordinary may commit the Administration of the Goods of him that dieth intestate. The Benefit and Charge of an Administrator.* 31 Ed. III. St. 1. c. 4. ITEM it is accorded and assented, That in case where a man dieth 31 Ed. III. St. 1. intestate the ordinaries shall depute the next and most lawful friends The Ordinary is bound to grant Administration to the husband of the effects of his wife, except as to cases where the wife is specifically c. 11. empowered to make a Will, and appoint an Excutor. And in case of a limited probate grantd to the Executor of a married woman, the husbad . No. VII. 31 Edw. III. st. 1. c. 11. of the dead person intestate to administer his goods; (2.) which depu'ties shall have an action to demand and recover as executors the debts due to the said person intestate in the King's court for to administer and dispend for the soul of the dead; (3.) and shall answer also in the King's court to other to whom the said dead person was holden and bound in the same manner as executors shall answer. (4.) And they "shall be accountable to the ordinaries as executors be in the case of testament as well of the time past as the time to come.' is intitled to Administration of the other part of her property, which is called Administration Certerorum. The husband is intitled to Administration unless by some Act he has excluded him'self.-Rex v. Bettersworth, 2 Str. 1118. Administration may be granted as to some goods to the wife, and as to others to the next of kin; but separate Administrations cannot be granted of an entire thing, as a debt.-Fawtry v. Fawtry, 1 Salk. 36. As to the degrees of kindred, see Notes to the Statute of Distributions, 22 & 23 Chas. 2. c. 10. post No. 15. The whole blood has not any preference to the half, in respect of the rights of Administration, any more than in case of distribution. If Administration is granted to one not next of kin, it is not void, but voidable only.-Blackborough v. Davies, 1 Salk. 38. Administration cannot be granted to a feme covert, without the permission of her husband, except he is abroad, or otherwise incompetent, in which case a stranger may give the proper security in his stead. The Administration is committed to the wife alone, and not to her jointly 2 Hen. V. c. 5. 37 Edw. III. with her husband, otherwise if he survived her, he would be Administrator contrary to the meaning of the Act.-11 Viner, Abr. 85.-4 Burn Ec. L. 241.-Com. Adm. D. Styles, 75. [But query, if it may not be so granted when the wife is the sole next of kin. A party otherwise intitled to administer, may be disqualified by reason of attainder for treason or felony, outlawry, imprisonment, absence beyond sea, bankruptcy, insanity, or other legal disability. As the statute directs the Administration to be granted to the next and most lawful friends, but alienized is not an incapacity. See 9 Co. 39. 1 Salk 36. Cro. Car. 9. 1 Brownl. 31. 2 Veni. 126. Administration de bonis non, or Cum Testamento annexo, need not be granted to the next of kin.1 Ventr. 219; but the Spiritual Court is not compellable to grant Administration with the Will annexed to the residuary legatee.-Rex a Bettersworth, 2 Str. 956. Administration durante Minor etate, need not be granted to the next of kin.-Hob. 250.— Smith's Case, 2 Str. 892. [ No. VIII. 9 Henry VI. c. 4.-An Idemptitate nominis maintainable by Executors, &c. 9 Hen. VI. c. 4. « ITEM, For that before this time many outlawries have been pronounced against divers of the King's liege people as well before "the statute of additions made at Westminster the first year of King "Henry the Fifth, father to our Lord the King that now is, as sithence "in respect of which outlawries the bodies of other persons having such "and like names as they had which were outlawed indeed have been "taken and imprisoned and their goods and chattles for this cause seised "by the escheators of the King and of his noble progenitors; and al"though that by the common law of the realm a writ of Idemptitate no"minis hath been maintainable for the same person which in the form "aforesaid was molested and grieved; nevertheless if any person of the "said lieges having like name as any other person of the same liege "people which was outlawed in deed had made his executors and died, "often it happened that by malice and subtil imaginations the goods and "chattles of such testator which had the same name as he had which "was outlawed in deed were seised and escheated to the hands of our "Lord the King and of his progenitors in retardation of the execution of "the testament of every such testator for the doubt which hath been "whether any executors may by the common law have a writ of Idem"ptitate nominis or not." Wherefore to take away and remove all such 'ambiguities and doubts in this case hereafter of the assent and advice aforesaid and at the special request of the said Commons it is ordained and established by authority of this Parliament, That a writ of IdemTestator wrong-ptitate nominis be granted and made good and maintainable for the exefilly molested cutors of every testator to the same effect that the same action of Idemy colour of ny Outlawry. ptitate nominis was maintainable before this Parliament for any person An Idemptitate nominis main tainable by the Executors of a |