Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	administrator_n	execution_n	executor_n	1,786	5	10.6402	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37415	Defensio legis, or, The Whole state of England inquisited and defended for general satisfaction.		1674 (1674)	Wing D821; ESTC R33438	97,443	336

Carceralem or immuring Hardships the like Rule was Pronounc'd and the Party set at Liberty From both I infer that the Law primitively never intended to Enslave the Body Persons and Lands Originally free The Common Law on Judgment for Debt or Damages gave only a levari facias which way of Execution was also Limited Leviable only on Goods and Chattels the merum Jus or Freehold was still Protected and the Body too for two Reasons 1. For every one to follow his Calling and the painful Tiller to pursue his Georgical Drudgeries for without the Plough we cannot live 2. For the Body to be in a Readiness to serve the King and Country And without Officers and Servants the State cannot subsist Par. 36. The Body not Punishable nor Pawnable for Debt THE proper Remedy Provided for Debt by W. 2. C. 18. is by Fieri facias or Eleg. so that the Body by that Law is somewhat excus'd if the Law can be serv'd otherwise But the 39 Eliz. an Authority in very Point declares the Body only as a salvo Custodias or Pawn that if He die in Execution without satisfying Recourse may be had to the Estate Heir unless Riens per Descent or Executor if Assets intermains because the Law has not its End which is Payment of the Debt or satisfaction The Administrator Releas'd if the Party die in Execution I find by a latter Judgment Trin. 10 Jac. Rot. 38. by three Judges one only Dissenting though the Body be no actual satisfaction such as is expected yet 't is an Assimilary one or satisfaction in Law for should the Prisoner give up the Ghost in Execution the Creditor must Acquiesce and the Administrator no further Chargeable because of his Election the Law being satisfied Par. 37. The Ancientness of this Hardness WE read that the Debtee would seize not only the Body but the Children too of the Debtor as Bond to pay the Due in servage Which is better then a Prison for there 's Possibility of an Enlargement to the one and of some satisfaction to the other Nay the arcta Custodia is hinted as a Carceral Punishment for Debt by our Saviours Utmost Farthing I Agree such servitude was Conniv'd at propter Duritiem Cordis but whether Agreeable with the Law of nature or the Law written I much doubt for surely none so sottish to be content of Bonds and Restraints if without Covering and purely naked having nothing wherewith to satisfie Vnconscionable to Pen up the Body If unable to Pay To speak Candidly without Mincing or Dawbing doubtless Dives is strictly bound in Conscience to set poor Lazarus at Liberty though not Compellable by Law An horrid Cruelty to Cut the Body in Pieces and to distribute it among the Creditors which some father upon the Romans A most ridiculous and brutish Custom and Impossible to be thought Executible by rational Creatures Par. 38. The surmised conveniences of Arrests 'T IS weakly Conceited by the steel-heartded and some Doters that if this Hank be Remov'd the world will cease to be Honest and People will never come by their own so that there 's a necessity in Preservation of Trade to Continue this severe Course A Capias disadvantagious to Trade Truly no How did the Nation flourish many Hundred of years when the Law was otherwise why should we Conceive that virtue has seen its best Days or that Honesty is quite Extinct and lost 't were more Commodious and safe for the Rich for then they would be wary whom they Trust and call for their Dues in Time before the Debt run too High and become unpayable Tenuity of Fortune if unavoidable not Imprisonable in Conscience Many become Insolvent by the Act of God as our Saviour said of the blind man that neither He nor his Parents had sinned only to shew the Pleasure of the Almighty The like in many mens slenderness of Estate God is pleas'd to Afflict them in this Life with Poverty though the Heart be willing yet their smallness of Condition will not permit them to Attest it To punish then the Afflicted by sultering and sotting Him up in a noysom Hole because Poor and unable to Pay is stern Justice and most Extorcious not Practisable with Christians or indeed moral Persons Par. 39. Shufflers and Sharks deserve Prisons FOR the deboyst spender with meer Rooks that riotously Disable themselves or those that Conceal their Estates and out of sharking Corrupt Principles will not satisfie 'T is no matter if their Bodies suffer and be Expos'd to shame as spectacles of wickedness Better set them at large to work then keep them as sots 'T is Conceiv'd more Advantagious for the Common Good they were Employ'd either at Home or elsewhere under an Assurance of such services duly Perform'd of an Enlargement which would create in them a future Honesty in making them wary how they inwrap'd themselves in the like Bondage Par. 40. Suretiship questionable in Conscience SOme Conceive it Canvas Justice for the surety to make Good the Debt in case the Principal fail or will not For more sureness Sureties Demanded Where the Law does not Distinguish Distinguendum non est we must not separate now in Law they 're all Principals All Equally and Joyntly bound And each liable in solidum to the whole Debt at the Election of the Lender And though it fall often Heavy on some who are forc'd to Discharge the whole though they never shar'd in the Loan nor so much as Drank for it Yet in Justice 't is their Debt and the Creditor left to his Choice to take it of whom He will 'T was their misfortune or rather Folly to Engage for a Pauper or the ungentle that would leave them in the lurch The Obligee is out of Purse and had not others Engag'd would not have lent at all and so does no wrong Gentle usage due to Sureties The Civil Law is very Gentleman-like and Conscionable in this Point in sadling the right Horse for the Creditors must first sue the Principal and levy their Debt on him and if a nulla Bona be Return'd then to try the strength of the Sureties Ferreting the Surety most Afflictive and Partial Dealing But at Common Law Generally they deal very Ruggedly in Hunting after the Surety and plague Him to purpose leaving the Principal as unconcern'd when the charge and easiness of Reaping their Due on the Principal were the same Par. 41. Peers why Exempted from an Attachment on Civil Process THE Peers of the Realm are Priviledg'd from this ill-favour'd snapping way of being Caught by the Poll on the Presumption of Law that the most Honourable are the likeliest to be Right Honest and will Pay even before Demand And likewise that their Fortunes are sufficient to satisfie without Attaching the Person The Comminalty blam'd for Enthralling themselves The Commons of England some Conceive were much overseen and unadvised when they mingled their Wine with Water in subjecting themselves as Bond in Exposing their Bodies to