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188 Assembly Proceedings, September 1642.
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Liber P R
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vpon. And if the party recovering refuse to take any bill or
debt as aforesaid in payment, the Officer shall cause the same
to be appraised or sold in like manner as is appointed for
other goods.
And the partie to whose vse such bills or debts shalbe by
such sale or purchase applied, shalbe admitted in any Court to
all the same right, and to all the same effects and construc-
tions, as the party him or her selfe to whom the bill or debt
was due
And if there be not distresse sufficient of lands, goods, nor
debts as aforesaid, the body of the party in exequution shalbe
brought afore the Judge there to be ordered as iustice shall
require. And if such party had lived at any time afore in the
quality of a servant, labourer, artificer, or other laborious art or
profession whatsoever, the Judge may appoint him to some cor-
porall labour, art, or employment, most fitting for him; and by
iudgemt bind or apply the whole future benefitt or proceed of it
to the vse of the Exequution vntil it be satisfied: binding the
party or parties recovering to such competent meintenance to
be allowed for necessaries to be found him, his wife & children
during that time ([if] any be) as the Court shall think fitt, to
be putt to the accompt of the party in [exequution] And if
such partie appointed to any labour or employment as afore-
said re [fuse or neglect] it, the Judge (vpon complaint) may
adiudge him to be punished as a disob[edient servant]
And if such partie in exequution be not fitt in the Judge's
discretion [to be put to] corporall labour, he may committ him
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p. 22
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to strict custody, there to be mein[tained by] the Creditor or
Creditors in such proportion and with such allowance of neces-
saries during that time as the Judge shall think fitt, to be putt
likewise to the Accompt of the party in exequution.
And if the Sheriff (after there is a prison built) suffer such
partie in exequution to goe at liberty out of the prison, without
consent of the cheifest Creditor, he shalbe liable as in case of
escape. This Act to endure for three years from this pfit day.
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11 An Act touching Causes Testamentary.
The last disposition of the deceased (naming an Exequutor)
made either by words or writing touching his or her lands, or
goods or any other matter, appearing by oath of two witnesses,
shalbe iudged the last will and testament of the deceased.
And the Exequutor shall have the Probate of the will vnder
Seale.
If no Exequutor be named, or the Exequutor named be not
willing or able to vndertake it, or not in these parts, the
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