Selected quad for the lemma: cause_n
Text snippets containing the quad
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A92235
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Reasons for the continuance of the process of arrest, for the good of the Common-wealth.
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1659
(1659)
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Wing R513; Thomason 669.f.21[48]; ESTC R211214
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4,574
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1
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nation of this great alteration of the Law and except men have sufficient notice some good time before this great change come that so they may if possible altar and obtain other security then now they have the losses and complaints will be very many and great for the person is commonly the best and in many cases the only security so that this sudden intended alteration will not only weaken all mens security but quite destroy all the security that many have 15. If the person may not be attached the Plantiff will be put to find out the Defendants Estate which will be a great trouble and in many cases cannot be done 16. A very great part of our Lands are Copy-hold-tenure and not liable to pay debts nor can be without manifest wrong to the Lord of the Mannor and another great part is Land either intailed that the Heir is not liable or else is made over to others upon consideration and if the person may not be attached the Creditor can have little and where there is Land and the Plantiffe have a Judgement he can have but the moity which doth seldom satisfie 17. It is injustice to protect any mans person from paying a just Debt for no man may protect another from making good his own bargain and contract without sin and it is against the Law of Nature and Nations 18. It will easily appear that Arrests for Debt and for other things were granted upon the peoples Petition for the common good finding a necessity of it for the promoting of Trade and avoyding of Collusion among themselves 19. There is no Process that will so much keep the people to their Contracts and Promises and that without delay and before Judgement can be obtained as the Process of Arrest doth being the most co-erceive way and that which doth over-awe the worst of men 20. To exempt the person from Arrest will much gratifie that sort of people who want honesty to pay their Debts and will be glad that their persons may be free they will be sure to have nothing before-hand lest the Creditor should finde any thing whereas the fear of a Prison or Arrest would make them follow their Callings spend less and save something to pay their Debts 21. If the person may not be attached servants will grow licentious men will have liberty to quarrel fight and commit trespasses and despise the Magistrate and all good government more then ever they had whereas the Law did never protect any mans person that did not keep the peace 22. By exemption from Arrest a very great part if not the halfe of this Nation that have neither Land nor other visible Estate to answer their under-taking can neither borrow money nor Trade nor be compelled to do what the Law requires of them 23. At Genâ—va â—aws of New â—ngland printâ—… at London 1641. and in all Foraign Nations known to us the Body Land and Goods are liable to pay Debts and if the Creditor have seised upon all the Estate and have not satisfaction he may keep the Debtor in Prison if he will nor is the present government in New England without Arrests where every Court hath Ministers of Justice to attach and fetch persons before the Magistrate 24. There was never any Nation that did with more vigor and zeal endeavour the expulsion of Tyrants and the maintenance of the people in their Liberty then the Athenians and Romans and made the best Laws yet the Athenians did Arrest for Debt before Judgement as may appear by divers passages in some of their Authors yet extant and the like was done by the Romans after the expulsion of their Kings as may appear by the lawes of the twelve Tables and collections of divers Civilians and Antiquares and the same practise was used among the Romans in after-times as may appear by some old Lawyers in the digests of the Civil Law 25. In 2. R. 2. Robert de Henley Esquire was Arrested at Westminster at the time of Mass and went into the Abbey for protection the Officers followed him and upon resistance he and his men were both slain the Clergy made a great complaint in Parliament as appears by the Parliament Roll that the priviledge of the Church was infringed and that a great affront was given to the Popes holiness upon this the King being moved the Lords and Commons alledged and called the Judges to witness and vouched Records that it was against the Law of the Land to protect any from paying their Debts and the great Divines and Lawyers of those times being called resolved the King upon their Oaths that neither God himself saving his perfection nor the Pope saving his holiness nor any King could protect any man from paying his Debts and at that time they judged it a sin to protect such because it was a sin for a man not to pay his Debts Object If it be objected that it is a great trouble to get mens persons attached and therefore the intent is but to take away the Arrest before judgment only and not after Answ Experience is the wisest guide in this matter which tels us that it will be much more difficult after Judgment to Arrest then before and more unsafe for the Plaintiff to rest upon that because the Defendant hath notice of the Judgement and may having time easily absent himselfe and therefore upon the first Arrest which commonly is not known before hand for the good of the Plantiff the Common Law doth provide that the Defendant shall if the Plaintiff and the Cause require it give sufficient Bayl that if Judgement pass against him then he shall either pay the Debt or yield his body to Prison or else his Bayl are to make it good without any Arrest after Judgement so that it is of great consequence for the Plantiff to have liberty to attach the person before Judgement for by this means he hath a double security and is more encouraged to proceed to Tryall otherwise he might lose all the fruit of his Judgement which is by this meanes prevented