A parallele or conference of the ciuill law, the canon law, and the common law of this realme of England VVherein the agreement and disagreement of these three lawes, and the causes and reasons of the said agreement and disagreement, are opened and discussed. Digested in sundry dialogues by William Fulbecke. At the end of these dialogues is annexed a table of the sections ...

The Diuisions, and principall contents of the first Dialogue, of Contracts.

The first Diuision. _1 THE ground of contracts. 2. The contracts of infants, persons distracted of their wits, and religious per∣sons, whether and howe farre forth they be good: 3. Monks are absolutely prohibited by the ciuill law to make any contract: infants are disabled with a certaine quali∣fication: 4. That by the common law priors vnder the obedience of a soueraigne, and which were datife and remouerable, could not implead or be impleaded without their soueraigne, vnlesse it were by speciall custome. 5. The same law was of the Knights of S. Iohn of Ierusalem. 6. The infants contract for his meate, apparrell, and necessaries is good, if he be of the age of fourteene yeeres. 7. That which the infant doth without actuall liuerie, may be auoided by ac∣tion with out entrie or seisure, but that which he doth by actuall liue∣rie, cannot be auoided without entrie or seisure.

The 2. Diuision. 1. Whether the cōtract of the seruant, shal be accounted in law the cōtract of the master. 2. That according to the cōmon law the master shall be bound by the contract of a knowne seruant, if the thing mar∣chandised be come to his vse, and he shal be bound by the contract of his factor, though the goods neuer come to his possession. 3. The act of a mans attorney or his generall receiuer, doth not bind the master without speciall warrant.

The 3. Diuision. 1. Whether the wifes contract made in the behalfe of the hus∣band, will binde the husband. 2. That by the common law, an action of debt brought vpon a contract made by the wife for the behoofe of the husband, must be brought onely against the husband without na∣ming the wife. 3. That by the ciuill lawe the husband is in no sort

to be charged by the contract of his wife.

The 4. Diuision. 1. How contractes may stand or fall by their materiall causes, o•• the defect of them.

The 5. Diuision. 1. Some contracts are ordered by the lawe of nations. 2. An Embassador may according to the Ciuill lawe be impleaded by the lawe of nations for a contract made whilest hee is Embas∣sadour.

The 6. Diuision. 1. Whether contracts made with Pirates, or robbers in the high way be good in law. 2. That Pirates and robbers are not to haue aduantage of lawe in matters of contract. 3. That D. Hotoman er∣reth greatly, in maintaining that pirates and robbers may lawfully contract.

The 7. Diuision. 1. That by the Common lawe a consideration is the proper ma∣teriall cause of a contract, and that it may be expressed or implied. 2. That a contract is not good without money paid in hand, or a cer∣taine day limited for the paiment.

The 8. Diuision. 1. Whether the defect of forme doe destroie the contract. 2. That solemnitie, and concurrence of circumstances is required in con∣tractes by the Ciuill lawe. 3. That matrimoniall contractes if there be no assumpsit in them, ar to be deuided by the ecclesiasticall law, if there be an assumpsit by the Common lawe.