Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	defendant_n	plaintiff_n	3,071	5	10.8111	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B13659	The second part of the Parallele, or conference of the ciuill law, the canon law, and the common law of this realme of England Wherein the agreement and disagreement of these three lawes touching diuers matters not before conferred, is at large debated and discussed. Whereunto is annexed a table ... Handled in seauen dialogues, by William Fulbecke.; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 2	Fulbeck, William, 1560-1603?	1602 (1602)	STC 11415a; ESTC S102691	206,828	373

goodes Canonolog In this we dissent not from you Nomomath Let me know Anglonomoph what maner of execution ye vse for dette at the common Law Anglonomoph The execution is foure-fold 5. A fourefold execution for dette by the common Law either of goodes onely by Fieri facias or of the moitie of landes by Elegit or vpon all the landes by an Extendi facias vpon the reconusance of a statute or of the bodie by Capias ad satisfaciendum euery of which by your pacience I will explane by cases and examples or by shewing their originall A Fieri facias issued out of the Eschequer for the king against 6. The execution of goodes by Fieri facias is opened a Parson for money due to the king out of an Abbey to which the Church of the Parson was charged in xx markes and for two markes behind a Fieri facias issued to the Shirife in these wordes Fieri fac de bonis et catallis spiritualibus et temporalibus prouenientibus de Rectoria de R. and the Shirife by his bailie tooke two bookes in the Church and sold them for the kings dette l 8. H. 5. 4. And wheras A. did recouer dammages in a speciall assise before speciall Iustices and brought an action of Dette for the dammages it was resolued that the defendant was dettor of recorde and therefore ought to be discharged by matter of recorde and for that cause the Fieri facias is ita quod habeas denarios hic to the intent that the payment of the money to the plaintife may be of recorde and the defendant discharged by recorde m 11. H. 4. 58. Execution by Elegit is warranted by the Statute of Westminster 2. cap. 18. which saith Si quis recuperet debitum aut damna sit in electione querentis an habere velit Fieri facias de terris catallis it should seeme to be meant de bonis catallis vel quòd Vicecomes liberet it seemeth to be better et quòd Vicecomes liberet ei omnia catalla debitoris exceptis bobus et affris carucae suae medietatem it seemeth more agreeable to the purpose vel medietatem terrae suae quousquè debitum fuerit leuatum per rationabile pretium et extentam The execution vpon 8. Execution vpon statute merchant is opened Statute merchant may appeare by this case A man had execution out of statute merchant and the Shirife returned an Extent of the lands of the reconusor in this maner sciz that he had sent to the baylie of the fraunchise c. who had retourne of writs to extende the landes which were within the fraunchise and so he did and that which was within the bayliwicke of the Shirife namelie in guildable himselfe caused to be extended by parcels and at the end he put the summe of the value and after the summe he put the charges as rents and other charges which were due out of the said landes and amongest other charges he retourned that the land was charged to the reconusee with xx li. yearely for euer And the Iustices cast all the charges of the landes and the value and they did perceiue that the charges passed the value by xl s' and after it was shewed that the Shirife had sent to an other Baylife of an other fraunchise in which the partie had lands and of these landes he made the third extent so that by that extent the value passed the charges by tenne shillinges wherefore execution was awarded n 29. E. 3. 1. And 9. E. 3. one sued a writ to take the bodie of him who had made a statute merchant to him and the Shirife retourned that he was dead wherefore he praied a writ to the Shirife to deliuer vnto him all the lands which he had the day of the reconusance or at any time after and he had it o 9. E. 3. 24. Execution by Capias 8. Execution by Capias ad satisfaciendum is shewed and imprisonment is after this manner Dammages were recouered against I. in a writ of Trespas in the kinges bench in the time of king Henry the fourth and after in the time of king Henry the fifth he was condemned in London at the suit of an other and put in Newgate and he at whose suit he was condemned in the kings bench had a Capias ad satisfaciendum to the Shirifes of L. which did send the bodie and did certifie that he was condemned at manie mens suites in London and now he that sued the Capias came into the Court and did acknowledge agreement to be made and the defendant was readie to make a fine to the king and praied to be deliuered But because he was condemned in the time of an other king and the Iustices which be now haue not knowledge of the persons which were parties to the pleas in the time of an other king as the Law doth intende and likewise because if he be acquited heere he must be sent backe into London because hee is condemned there and thirdlie because by couin betwixt him which acknowledgeth agreement and the defendant he may defraud him at whose suit he is condemned of his execution for if he be deliuered the other is without remedie therefore a Scire facias was awarded p 8. H. 5. 7. The like Law is in an execution vpon an Action of Dette and in an acquitall the fine to the king being excepted Nomomath Well I will trouble you no further about questions of Dette Now let vs passe according to the platforme of the conference to examine doubtes touching Accomptes The fourth Dialogue Of Accomptes NOmomath Suppose Codicgnostes 1. Diuision that I deliuer vnto you my horse or hauke to sell him for fyue poundes and to deliuer me either the fiue poundes or redeliuer the thing againe Shall you not be accomptable to me in this regarde Codicgn Yes truelie and that by an action 1. In what case a man is accomptable at the Giuill Law per actionem aestimatoriam which we call Actionem aestimatoriam because it is conceyued vppon the speciall and prescript wordes of the valuation of the thing a ff de aestima ac in rubro et l. 1. et Insti de actio §. actionum Anglonomoph So by our Law we haue a 2. The difference of a speciall bailie and generall bailie at the common Law speciall bailie and a generall bailie A speciall bailie is he which is bailie after a speciall maner and to a speciall purpose For if a man deliuer an Obligation to an other to receiue so much money as he can get of that which is contained in the bond if he receiue no money vpon the bond a writ of Accompt lyeth not but a writ of Detinue for the bond But it seemeth that if hee receiue a lesse summe then a writ of Accompt will lie But if he receiue the verie summe conteined in the bond then a writ of Accompt will

§ Sed natural instit de iu. na as I haue sufficiently shewed in my Direction to the study of the Law Cap. 7. 8. but onely of such thinges as belong to them by the Ciuill law yet by the opinion of the later Ciuilians this is helde to bee no law but that the Princes haue for speciall causes free disposall of their landes and goods as Decius fully proueth k Deci. Cons 209. in casu 2. 69. consultus 390. quoniam 519. visis 557. accurate and this later opinion seemeth to bee more reasonable and more consonant to the truth for first though the distinction of demesnes and the propertie of goods be parcel of the law of nations yet the meanes wherby they are acquired are prescribed by the ciuill and common lawe so that they are not altogether parcell of the law of nations l Bal. ●a in l. omnes C. Si con ius vel vtilitat pub Againe the right of demesne and property is not alike in all nations m Herodot li. 4. Strab. lib. 11. Arist lib. 2. polit Tacit. de mor. Germa Caes lib. 4. 6. de bel Gal. but is moderated and ordered by the lawes of particular cōmon weales But suppose that the king wil take away from any of his subiectes the right and power of vsing and pursuing an action for the recouery of their lands goods chattels or dammages Surely this is permitted by no law but by the ciuill n l. 2. C. de prec imp off and common law expressely prohibited for the king cannot grant to any person that he shal not be impleaded or sued in this or that action though his highnesse may graunt that I. S. for trespasses or any thing done wrongfully in his mannor of Dale shal hold conisance of pleas within the same mannor yet in this case he doth not take away the action of the partie but doth onely restreine him to bring his actiō in a certain place o 8. H. 6. 19. But here it may be obiected that a king or absolute monarch may p li. vlt. C. de consul without cause seise the lands goods of his subiects for it is plaine that a king hath more power ouer his subiectes then the father hath ouer his children but by the ciuil law the father may take away the goods of his children when hee will q l. placet 79. D. de acquir haere l. acquirit 10. D. de acquir re do therefore the king may take away c. To this reason grounded vpon the ciuill lawe I do thus answere that by the law of nations kinges haue not such an indefinite power ouer their subiects as fathers by the ciuill law haue ouer their children for by the law of nations kinges were chosen and ordeined at the first for the safegard and protection of the lands goods persons of their subiects so that they may not without cause bereaue them of their goods and therefore there is a good rule in the ciuill law that in priuatorum agris nihil ne publico quidem consilio cum ipsorum iniuria capi ius est r l. Venditor 13. D. de com praed And to that purpose Cicero speaketh well Videndum erit ei qui rempub administrabit vt suum quisque teneat neque de bonis priuatorum publice diminutio fiat and for this cause God did appoint a certain portion of land to euery tribe of the Israelites ſ Deutero 17 and by reason of a priuate title Naboth would not sell or chaunge his vineyard with Achab t 1. Reg. 21. and in the inauguration of the king of Hungarie this was exacted of him by oath vt iura regni integra conseruaret u C. in tellect 33. ex tr de iureiuran And in the ciuill law it is said Qui pleno iure Dominus est alienandi dissipandi disperdendi ius habet a l. 7. cod de relig l. sed etsi l. 25. §. consuluit D. de hae●ed petit And againe suae quisque rei arbiter ac moderator est b l. in remandat 21. C. de mand So that it is euident that without cause the propertie which subiectes haue in goodes and landes may not bee altered by their prince And therefore wittily sayeth D. Gentilis that they which argue to the contrarie do not dispute or drawe their arguments ex castis fontibus Philosophiae aut ex ipsis iurisprudentiae riuis sed escholis sophistarum hallucinati sunt Theologi adulati sunt iurisconsulti qui omnia principibus licere asceuerarunt c Alberic Gentil Dec. 1. disput 2. disput I would not be mistaken in this Chapter sithence I hold an indifferent course betwixt prince and people neither consenting to them which say that princes may seise the lands and goods of their subiects without cause nor to them which thinke that they may not seyse their lands and goods for any cause but my resolution is and the summe of this discourse is if it bee diligently and impartially obserued that princes may lawfully claime and take to their owne vse the lands and goods of their subiects for the causes abouesaid and prescribed by lawe and not otherwise and by this word Princes I meane none but absolute Monarches for the law of nations alloweth this prerogatiue to none other And therfore I do greatly like of that saying of Hipocrates vrged in the ciuill law Lex est rerum omnium domina quia scilicet ciuitatis cuiusque ciuium singulorū patrimonium constituit definit tuetur Lex sola dominiū rerum confert sola dominij acquirendi modos constituit citra quos acquiri nullius rei dominium potest f §. 2. de bon posses apud Vlpi eo tit reg 19. This foundation being laid I hope my assertion may firmely stande that the law of England in giuing to the Queene the lands and goods of subiects for some peculiar causes is iust and reasonable as when a true man is pursued as a felon and he flieth and waiueth his owne goods these are forfeited as if they had beene goods stolne g 29. E. 3. 29. 37. H. 8. Br. Estray 9. Stam. fol. 186. a. And so if a man be outlawed of felony or treason he shall forfeyt all the landes tenements which he had at the time of the felony or treason cōmitted or at any time after as well as if he had beene attainted by verdict h 28. H. 6. 5. howsoeuer M. Parkins holdeth opinion that attaynder by outlawrie shall haue relation to the exigent as to the landes and tenements so that a feoffement of land or a graunt of rent made before the exigent awarded by him that is attainted in such manner is good in his conceit but he saith that as to an attainder by verdict that it shal haue relation to the time of the felony done according to the supposall of the inditement as to