The ancient, legal, fundamental, and necessary rights of courts of justice, in their writs of capias, arrests, and process of outlary and the illegality ... which may arrive to the people of England, by the proposals tendred to His Majesty and the High Court of Parliament for the abolishing of that old and better way and method of justice, and the establishing of a new, by peremptory summons and citations in actions of debt / by Fabian Philipps, Esq.
- Title
- The ancient, legal, fundamental, and necessary rights of courts of justice, in their writs of capias, arrests, and process of outlary and the illegality ... which may arrive to the people of England, by the proposals tendred to His Majesty and the High Court of Parliament for the abolishing of that old and better way and method of justice, and the establishing of a new, by peremptory summons and citations in actions of debt / by Fabian Philipps, Esq.
- Author
- Philipps, Fabian, 1601-1690.
- Publication
- London :: Printed for Christopher Wilkinson, and are to be sold at his shop ...,
- 1676.
- Rights/Permissions
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- Subject terms
- Law -- England -- History and criticism.
- Link to this Item
-
https://name.umdl.umich.edu/A54680.0001.001
- Cite this Item
-
"The ancient, legal, fundamental, and necessary rights of courts of justice, in their writs of capias, arrests, and process of outlary and the illegality ... which may arrive to the people of England, by the proposals tendred to His Majesty and the High Court of Parliament for the abolishing of that old and better way and method of justice, and the establishing of a new, by peremptory summons and citations in actions of debt / by Fabian Philipps, Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A54680.0001.001. University of Michigan Library Digital Collections. Accessed May 12, 2025.
Contents
- title page
- The Contents of the Chapters.
- CHAP. I. The many mischiefs and inconveniences which may happen by an Act of Parliament, to be made for the more speedy recovery of Debts upon Bonds or Bills, under the Debtors hands and seals, in the manner as is by some desired.
- CHAP. II. That the most part of that desired Innovation, was borrowed from the said Mr. Elsliots wicked invention, and a wild System not long after framed, and from some also now much disused part of the Civil Law.
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CHAP. III. The reason and necessity of the more frequ
nt use of VVrits of Arrest, and Outlawry then was before thi making of the Statute of 25 E. ca. 17. - CHAP. IV. The Ancient use as well as necessity of the Proces of Arrest, and out∣lawry in this and other Nations.
- CHAP. V. The Process of Arrest and Vtlary, are a more gentle way of compelling Men to pay their Debts, or to appear in Courts of Ju∣stice then that which was formerly used.
- CHAP. VI. The delayes, and inconveniences of the Pro∣ces of Summons, Pone, and Distrin∣gas were a great, if not the only cause of the disuse thereof.
- CHAP. VII. The Writs, and Proces of Arrest, and Out∣lary have increased, preserved, and en∣couraged Trade, better secured the Credi∣tors Debts, and made the borrowing of Money more easie then it was before.
- CHAP. VIII. The pawn, and engagement of the Body, is most commonly a better security then Lands, or personal Estate, upon which the borrowing of Money was not only very trou∣blesom, but difficult.
- CHAP. IX. The difference betwixt borrowing of Money, upon Lands and real Estate, and the procuring of it upon personal security, and that without trust and personal security Trade cannot well or at all subsist.
- CHAP. X. The way of Capias and Arrest is no oppres∣sion or Tyranny exercised upon the People, since the making of the Statute of 25 E. 3. ca. 17. or hath been hitherto, or may be de∣structive to their liberties.
-
CHAP. XI. That the wisest of the Grecian Commonwealths
Athens and Sparta, those great Conten∣ders
for Liberty and Preserv
rs of it, did in their establishments and Methods of Ju∣stice, neither understand or suspect any Tyranny, or Oppression to be in the neces∣sary & moderate use of the Proces of Arrest. - CHAP. XII. The Troubles and Seditions of the People of Rome, concerning the Whippings, Scourg∣ings, selling for Bond-slaves, and other cruelties used by Creditors, in the suing and prosecution for their Debts, and the Troubles and endeavors of the Magistrats and Senators to appease them.
- CHAP. XIII. That this Order made to pacifie a Tumult was not perpetual, or so much as intended to ex∣tend to an absolute freedom of the Debtors from Arrest or restrainte of their Persons, till they appeared in Courts of Justice or gave Bail to do it.
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CHAP. XIV. That the Statute of 25 E. 3 ca. 17. which
giveth Proces of Capias and Bxigen
in Actions of Debt, and other Actions there∣in mentioned, is not repealed, either by the Acts of Parliaments of 28 E. 3. ca. 3. or 42 E. 3. ca. 1. there being no ind ve∣nim or prejudice to the publick good in those kind of Law proceedings, which might deserve a repeal by those or any other Acts of Parliament. - CHAP. XIV. That the Nation hath not been base or slavish, ever since the making of the said Act of Par∣liament of 25 E. 3. ca. 17.
- CHAP. XV. An Examination of the opinions of Sir Edward Coke, in his Report of the said Sir William Herberts Case, touching the Process of Arrest used in our Laws, and the many Errours ap∣pearing in the Book or Manuscript, called the Mirror of Justice, and the fictitious matters and relations mentioned therein.
- CHAP. XVI. That the late incessant needless complaints against our Laws, and the proceedings in our Courts of Justice, had in the bottom of it a design of overturning Monarchy and Government, and to create offices places and employments, and profits to, the contrivers thereof, and their Party.
- CHAP. XVII. That neither Oliver Cromwell or his Son Richard, the second mock Protector or little Highness, did conceive it to be rea∣sonable, or had any intention to deliver up the Justice of the Nation to those ignorant giddy and ever changing kind of Refer∣mations.
- CHAP. XVIII. What occasioned the continuance of the former Projects, and groundless Complaints a∣gainst our Laws since his Majesties happy Restauration.
- CHAP. XIX. That the Proceedings at the Common Law de∣sired by the new way of a peremptory Sum∣mons, or the old by Writs of Summons, Pone, and Distringas, or Writs of Capias at the Plaintiffs pleasure are not consistent or agreeable one with the other, and that Laws being to be binding are to be certain and positive, not Arbitrary.
- CHAP. XXI. That it will not be for the Interest of the King or his Subjects to give way to that Design which may open a passage to other Innovations and Designes as much if not more inconvenient and prejudicial.