Par. 35. To the Insolvent a Capias hard Justice.
IF the Fortune cannot Pay, for the Bo∣dy by suffering, to imp it out; Ap∣pears somewhat Cruel: There being no mean or valuation between a mans Person, and a sorry Debt. 'Tis true, no Fault can be
Defensio legis, or, The Whole state of England inquisited and defended for general satisfaction.
About this Item
- Title
- Defensio legis, or, The Whole state of England inquisited and defended for general satisfaction.
- Publication
- London :: Printed by Andrew Clark and are to be sold by William Cooper ...,
- MDCLXXIV [1674]
- Rights/Permissions
-
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- Subject terms
- Church and state -- England.
- Great Britain -- History -- Charles II, 1660-1685.
- Great Britain -- Politics and government -- 1660-1688.
- Cite this Item
-
"Defensio legis, or, The Whole state of England inquisited and defended for general satisfaction." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A37415.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.
Pages
Page 64
Assign'd in the Law; because it doth but perform its office: And the Life of the Law is the Execution thereof. Yet surely the Intent of the Law, is mistaken and abus'd: the Law Designing the Body to Custody, only as a Pledge, to avoid Fraud: that if no Estate can be Retriv'd, then the Body to be Dismiss'd: for so I find by the Peru∣sal of several Records: more expresly in 14 E. 3. Rot. 106. where the Debtor be∣ing long Imprison'd, and by Inspection being found Decrepit; and much stricken in years, unable to undergo a longer Du∣rance: the Judges awarded an Ire sine Die, or an absolute Discharge.
41 E. 3. Rot. 27 the Duressee being Ad∣judg'd unfit, to undergo Paenam Carceralem, or immuring Hardships: the like Rule was Pronounc'd, and the Party set at Li∣berty. 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 fa∣cias:
Page 65
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.