the case of bankrupt Gregory smith Cullamor and other good merchant of London  bring a action upon the case upon trover and conversion of diverse good in  London against Thomas mill and upon not guilty plead the jury give a special  verdict to this effect John coke of Spalding be possess of the same good and  exercise the trade of buy and sell January Elizabeth become a bankrupt and  absent himself secundum form to cause to stand which be find at large and the  say January be indebt to the plaintiff be subject bear in a d pro merchandizis  per who the dawn prius a sale and then also be indebt to Robert Tibnam be also  a subject bear in a afterward February Elizabeth the plaintiff exhibit a  petition to the lord chancellor to have a commission upon the statute of  bankrupt and February Elizabeth a commission be grant accord to the say  statute under the great seal to William Watson and other and afterward  of purifying Elizabeth John coke give and deliver the say good to Tibnam in  satisfaction of part of his say due debt the good be of the valve of a  Andafterwards ultimo of Mars Elizabeth the commissioner by deed indent sell to  the plaintiff joint the say good and at the same time the say mill then factor  to Tibnam in she part refuse to come in as creditor but claim the say good as  the proper good of his master by the gift aforesaid and afterward the good  come to the defendant hand and he convert they but whether the say sale of the  say commissioner notwithstanding the say gift and delivery to Tibnam be good  or not that be the doubt refer to the consideration of the court and judgement  be give by Wray chief justice and the whole court for the plaintiff and in  this case diverse point be resolve saint that the say sale make by the say  commissioner be good and because the doubt arise only upon the word and intent  of the stat of Elizabeth cap the court consider the several part and branch  thereof first the Act describe a bankrupt and who he defraud sure the creditor  to who the creditor shall complain for relief sure to the lord chancellor how  and by what way relief and remedy be provide sure by force of a commission  under the great seal c the authority of the commissioner sure to sell c that  be to say to every one of the creditor a portion rate and rate alike accord to  the quantity of his or their debt so that the intent of the maker of the say  Act express in plain word be to relieve the creditor of the bankrupt equal and  that there shall be a equal and rateable proportion observe in the  distribution of the bankrupt good among the creditor have regard to the  quantity of their several debt so that one shall not prevent the other but all  shall be in equal jure and so we see in diverse case as well as the commonlaw  as upon the like statute such construction have be make for as Cato say Self  and indeed law to long for ut jure to keep straight and therefore it be hold  in Henry title testament Br a man hold three manor of three several lord by  knight service each manor of equal valve he can devise two manor and leave the  three to descend accord to the generality of the word of the act of Henry of  will for then he shall prejudice the other two lord but by a favourable and  equal construction he can devise but two part of each manor so that equality  between they shall be observe and in Edward assize the lord of a town can  improve it all leave sufficient common in the land of other lord within the  statute of Merton cap and so in case at the commonlaw a equality be require as  in Henry b a man bind himself in a obligation and his heir and have heir and  land on the part of his father and on the part of his mother both heir shall  be equal charge Edward a b in dower if the heir be vouch in three several ward  within the same county he shall not have execution against one only but all  shall be equal charge Edward the like case so here in our case there ought to  be a equal distribution secundum magnitude debtor of oneself but if after the  debtor become a bankrupt he may prefer one who peradventure have least needs  and defeat and defraud many other poor man of their true debt it will be  unequal and unconscionable and a great defect in the law if after that he have  utter discredit himself by become a bankrupt the law shall credit he to make  distribution of his good to who he please be a bankrupt man and of no credit  but the law as have be say before have appoint certain commissioner of  indifferency and credit to make the distribution of his good to every one of  his creditor rate and rate alike a portion accord to the quantity of their  debt as the statute speak also the case be strong because this gift be a  assignment of the bankrupt after the commission award under the great seal  which commission be matter of record whereof every one may take conusance last  and principal the court rely upon other word in the Act sure and that every  direction bargain and sale c do by the person so authorize as be aforesaid in  from aforesaid shall be good and effectual in law c against the say offender c  and against all other person claim by from or under such offender by any act  have make or do after any such person shall become bankrupt c so that in as  much as this assignment and delivery of the say good be after the say coke  become bankrupt notwithstanding that the commissioner may well sell they and  the court resolve that the provisoconcerning gift and grant good faith make no  gift or grant good which the bankrupt make after he become bankrupt but  exclude they out of the penalty inflict by the same proviso and diverse  exception be take to the verdict by the defendant counsel that it be not find  that the say sale by the commissioner of the say good be by deed enrol as they  object the word of the say Act require but to that it be answer and resolve by  the court that the word of the Act concern enrolment of the deed come next  after these word good and chattel be or otherwise to order the same for true  satisfaction and payment c and that every direction order c shall be good and  effectual so this sale without deed enrol be good enough it be object that it  be not find that the commissioner have first see the good before their sale  for the word of the Act be sure to be search view c to that it be answer and  resolve that the say word or otherwise to order c and that every direction c  refer it to the discretion of the commissioner and peradventure they can come  to the sight of they that the commissioner ought to make several distribution  to the several creditor and not to make a joint sale or assignment to several  creditor for if he owe a a b a and c a a joint sale or assignment to a b and c  be not accord to the power give to the commissioner by the say Act for the Act  limit they to make disposition among the creditor c to every one a portion  rate and rate alike accord to the quantity of their debt but in this case he  who have the least debt shall have as great interest in the good as he who  have the great and so such assignment in the say case put of several debt be  void quoth to be concession per senate but to that it be answer and resolve by  the court that in the case at the bar it appear by the verdict that the debt  due to the plaintiff be joint for they find ut above that the say John coke be  indebt to the plaintiff in a d which shall be intend a joint debt and so the  sale good in the case at the bar that for as much as the word of the Act be to  every of the say creditor a portion rate and rate alike distribution ought to  be make to all the creditor but here it appear that the say Tibnam be a  creditor and a due to he and yet nothing be allot or assign to he so the sale  be void to that it be answer and resolve by the court that in this case the  factor of the say Tibnam in she part refuse to come in as a creditor but claim  all the good and this Act give benefit to those who will inquire and come in  as creditor and not to those who either out of obstinacy refuse or through  carelessness neglect to come before the commissioner and pray the benefit of  the say statute for to watch et non to sleep jura to come to help for  otherwise a debt may be conceal or a creditor may absent himself and so avoid  all the proceed of the commissioner by force of the say Act and every creditor  may take notice of the commission be matter of record as be aforesaid and so  no inconvenience can happen to any creditor who will be vigilant but great  inconvenience will follow and the whole effect of the Act be overthrow if  other construction shall be make