Selected quad for the lemma: master_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
master_n	call_v	lord_n	word_n	2,792	4	4.2711	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B13659	The second part of the Parallele, or conference of the ciuill law, the canon law, and the common law of this realme of England Wherein the agreement and disagreement of these three lawes touching diuers matters not before conferred, is at large debated and discussed. Whereunto is annexed a table ... Handled in seauen dialogues, by William Fulbecke.; Parallele or conference of the civill law, the canon law, and the common law of this realme of England. Part 2	Fulbeck, William, 1560-1603?	1602 (1602)	STC 11415a; ESTC S102691	206,828	373

thē both x 28. H. 6. 7. de tempore quo c. dum ipsa solafuit but whereas a man a woman be receiuors they after entermarie in the writ they shal be both named receptores a 4. E. 4. 26. 19 H. 6. 5. but a writ of account wil not lie against an infant as bailie or receiuor to any man because the law will not intend that any man will put confidence or trust in him who wanteth discretion experience b 17. E. 2. Accompt 121. 16. E. 3. Accompt 57. 27. E. 3. 77. 19. H. 6. 5. Canonol There is nothing in our law which oppugneth any thing that you haue said Nomomath If the master of the baylie happen to die whether may his executors charge 3. Diuision the bailie with an accompt Codicgnost By our law they may c ff acti mandat direc l. si vero §. f. 1 Anglonomoph That likewise is warranted by 1 Accompt ought to be made to executors by the ciuill law our law for if any haue cause to haue an actiof accompt against his bailie or receiuor if he dye his executors may haue this action yet the common law at the first was otherwise d 7. E. 3. 62 But now it is altered by the statute of Westminst 2. c. 23. and agreeth fully with your law in this For 38. E. 3. one was bailie of a woode to two ioyntenants a writ of accompt was maintained by the executors of him that suruiued e 38. E. 3. 8. to which accordeth 19. E. 3. and that the heire shall not haue a writte of accompt against him 2 The same is warranted by the common law that was receiuor to his father f 19. E. 3. Accompt 56. And 3. Eliz. the administrator brought a writ of accompt g 3. Elizab. 202. Dy. 3 That a writt of accompt by the common law will not lie against executors vnlesse it be in some speciall cases But a writte of accompt will not lie against the executors or administrators of a bailie or receiuor for the receit and occupation of their testator h Fitzh N. B. 117. C. vnlesse it be in the kings case i Littlet tit socage But if the executors doe once enter into an accompt a writte of accompt will lie against them in the case of a common person k 12. E. 4. 10. Or if the bailie or receiuor bee found to bee in arrerrages of accompt and die an action of debt lyeth against his executors vpon an insimul computauerunt l 2. H. 4. 13. And it appeareth by that booke that in the writ he must be named executor and a bailie may haue a writ of debt against the executors of his master for a surplusage of accompt m 13. H. 6. executor 21. Canonol This I can not withstand by any reason in our law Nomomath I pray you let me know the force 4 Diuision and substance of the authoritie which the master may giue to the bailie Codicgnost It is no more but when a man 1 What authoritie may be assigned to a bailife by the ciuill law may do a thing by himselfe hee committeth it to another to be done of him n Gaxalu verb. mandat And hee that doeth execute the authoritie ought not to exceed the limits of his authoritie o Iusti manda §. si is qui. But this difference 2 The difference of an authoritie a charge and command by the ciuil law we put betwixt an authoritie a command and a charge The commaund is determined by the death of him that commandeth the authoritie is not neither is the charge as by this verse though somewhat obscure is not obscurely signified p In his de verbo sig Praeceptum non praecipitat mors praecipientis Mandatum mandatore cadente cadit Canonol But some hold opinion that all these 3 The canon law is against the difference so likewise is the common law three authoritie command charge doe expire by the death of him that commaundeth chargeth or giueth authoritie q Ioan. 14. q. 1 quod praecipit Anglonomoph In deed that is more agreable to our lawe especially in this matter of bailieship as may appeare by diuerse authorities in our law r 2. Eliz. 177. Dy. 5. Eliz. 219 Dy. 2 E. 4. 4. 10. Eliz. 270. Dy. Nomomath I pray you let me know the difference ● Diuision betwixt a bailie a solicitor an atturney and deputie that I may haue more distinct knowledge of that which I endeuour to know Codicgnost A bailie is he to whom a speciall charge of procuring a mans profite and the valuable 1 The difference betwixt a bailie a solicitor and attourney and a deputie is shewed out of the ciuill law increase of his wealth is committed ſ Gazalup in ver villici an Attourney which wee tearme by the name of Procurator adiudicia is he which in place of iudgement doth for an other man by his warrant complaine or defend t ff mandat l. 1. §. 1. and this may bee done either in the presence or absence of the master but a solicitor which of vs is tearmed Procurator ad negotia is hee that handleth the cause of his master being absent And an Attourney by our law must at the least bee of the age of xxv yeares but a sollicitor may bee though he be but seuenteene yeares olde u c. fi de procu l. 6 A deputie is hee to whome a speciall authoritie is committed to deale in a certaine businesse x c. de offic eius qui vic gerit And there is this difference betwixt a bailie or a deputie and an attourney or a sollicitor because in a baily or deputie the businesse which is committed to them which we call negotium extra iudicium beginneth at the ministerial partie that is the bailie or deputie and is transferred vnto the Lord or master for the effect of the businesse whether it be profit or charge belongeth to the Lord but the busines of the Attourney or sollicitor which we call negotium in iudicio is originally in the Lord or master after as we say transfunditur in procuratorē it is conueied to the attorney or sollicitor a l. si procurator meus ff de neg ge Canonol We make no such difference in our 2 The difference holdeth not in the canon law law for euerie one which doth administer an other mans busines we cal by the name of procurator b 1. q. 3. saluat Anglon The common law doth in this more agree with that which Codicgn hath said I will 3 The cōmon law according to the aforesaid difference doth more agree with the ciuil then with the canon law speake of this difference as the cases in our law concerning it shall come to my memorie The name and office or duetie of a sollicitor

if he be harboured there by the hoast And if my seruant robbe me the hoast shall not bee 3. If my seruant imbesill my goods the Inne-keeper shall not be charged by the common Law charged g 22. H. 6. 21. per Curiam And 39. H. 6. it is said that an Action vpon the case lieth against the Inne-keeper if he will not lodge a man and the Constable may enforce him thereunto But Danby there holdeth that he is not bound to giue bread or prouander to his horse without present money paied in hand h 39. H. 6. 18. Codign By our Law if thorough the negligence 4. By the Ciuil Law the Inne-keeper is to be charged with action if his seruants steale goodes of the seruants which waite or attende in the Inne if any thing be stolne out of the chamber of the guest by any such seruants the Master or Inne-keeper himselfe is to be impeached by waie of action and he whose goodes are stolne may recouer double dammages against him i ff si ad vers nan l. 1 because the receit of such goodes into the Inne is an implicatiue promise that the goodes shall be safe k ff furt adu nan can sta l. 1. So likewise if a man haue 5. If through the default of the Master of the ship goods be stolne the owner of the ship is to make recompence a Ship wherin he vseth to transport conuey men or goodes into foreine nations and hath appointed a Master of the said ship by whose default or wilfull offence the goodes of some that are in the ship are imbeasiled or impaired an action in this case will lie against the owner of the ship l ff de exercit act● l. 1. for the Master of the ship is he cui totius nauis anchora et cura commissa est m ea l. 1. §. Magistrum And in the Tertorike or Almaine language such a person is called by the name of Stir-man and the owner of the ship is therefore in this case charged because he prefected him and made him Master of his ship n ea l. 1. §. non autem and because to him the dailie profites rents and gaines of the ship doe appertaine and come o ea l. §. exercitatorem Canonolog I doe not remember any thing in our Law contrarie to that which you haue said Nomomath I would be resolued of this Codignostes 3. Diuision whether according to your Law in all contractes there must be a mutuall consideration on both sides Codicgn It is not necessarie that there be 1. By the Ciuill Law it is not necessarie that there be mutuall consideration in contractes mutuall consideration but so there be a mutuall consent it is sufficient in our Law and it is therfore called a contract because by couenanting diuersae voluntates in vnum contrahuntur p Instit de actio §. 1. Gazal verbo contractus D. Baldus noteth that there is a triple kind 2. Three sorts of contractes by the Ciuill Law of contract A proper contract an improper contract and a most improper contract The proper contract is when both parties are vltro 3. What is a proper contract by the Ciuill Law citróque bound q l. Labeo § contrac ff de verb. signif As if I buy of you a Horse for fiue pound I am bound to giue you the money and you are bound to giue the horse vnto me An improper contract is when one of the 4. What an improper contract is by the ciuill Law parties onelie is bound by the contract As in a gift of goodes or chattels the donour onlie is bound to deliuer the thinges giuen r l. Aristo ff de donat canmor And so when one lendeth to an other he which boroweth is only bound ad tantundem reddendū ſ ff si cer pe l. 2. The most improper contract is when neither 5. What a most improper contract is by the same Law of the parties is bound but a bond or contract is dissolued and defeated As when a man selleth to an other a siluer Cup for three poundes to be paied at such a day the vendour deliuereth the cup to the seruant of the vendee who presently runneth from his Master so that the vendee sueth the vendor for the cup the vendor sueth him for the money if depēding these two seuerall suites both the parties doe after friendlie agree that suites shall surcease betwixt them and that the one of them shall be quite against the other this transaction as we tearme it is a contract though most improper t Saly in lib. siue apud acta C. de transact Likewise when a man will acquite one of money which he oweth vnto him vpon a contract which in our Law is called acceptilatio as when I saie vnto one with whom I haue bargained Haue not you receyued of me all the money which I did owe vnto you by way of contract and he aunsweareth I haue receyued it all whereas in truth he hath not receiued a penie of it this is a good acquitall and one of the most improper contractes u Instit qui. mo tol oblig et in l. vbi pactum C. de transact per Bar. Anglonomoph Our Law medleth with no contractes but such as you haue tearmed proper contractes For our Law requireth in all 6. The Common Law admitteth no contracts but such as be proper contractes a mutuall consideration and one part of the contract challengeth and begetteth the other And therefore the case was thus The seruant of A. was arrested in London vpon a trespasse and two which did know his Master did baile him and after A. promised them for their friendship to saue them harmelesse of damages and costes if afterward they were charged And so it befell that afterwarde they were charged yet it was helde that the Action vpon the case would not lie vppon the promise because there was no consideration for the bayling was of their owne head and was executed before the assumpsit But if the Master had requested before and assured afterward then perhaps the law would haue beene otherwise as in consideration that you haue married my daughter at my request I will giue you an hundred pound This is a good consideration because the marriage did ensue my request and in like sort land may be giuen in frankemarriage after the espousals x 10. Eliz. 272. Dy. And so wheras Oneley brought an action vpon the case against the Earle of Kent and his Ladie and declared vpon an assumpsit of the Ladie whilest she was sole that in consideration that he had taken great paines and had expended 1500. li. about her businesse and suites that she would repay the 1500. li. and beside that twentie pound more This was held a good consideration a 19. Eliz. 356 Dy. Oneleys case and 29. Eliz.

Demetrius the kinges of Asia yea euen all the Rhodians q Liuius which the Rhodians requited with like curtesie which was nothing else but a comburgeosie such as Bodinus r Bodin vbi supr reporteth to haue been made betwixt them of Valoys and certaine towneships of the Heluetians Betwixt the men of Berne and them of Friburge Betwixt them of Geneua them of Berne The nature of which comburgeosie is that there should be mutuall communitie of their cities and mutuall league of friendship betwixt them And if any of these so leagued in societie should forsake their citie and come to the citie of them with whom they were in league they should be ipso facto Citizens without any speciall enfraunchisement enroulment cooptation or any other circumstance before which time they were not subiect to the commaunde and Lawes of that citie but were onelie Ciues honorarij as Hercules and Alexander magnus were of Corinth Such a league of societie as seemeth by the yeare booke to haue been contracted betwixt the Citizens of Lincolne and them of the towne of Derbie that they of Lincolne should be quite from murage pontage custome and tolle within the village of Derbie for all kind of merchandize ſ 48. E. 3. 17. This was the difference betwixt veri and honorarij ciues the former were subiect to the Lawes orders and charges of the citie the other were not Plutarch t Plut. in Solon wondreth at Solon in that he made a Law that all straungers should be barred from the liberties of the citie of Athens except it were such as were in exile but indeed he perceiued not Solons meaning being a man of deeper reach then Plutarch as also was Polybius and Thucydides and Dionysius of Halicarnassus amongest the Graecians his countrymen whom notwithstanding in learning wit and eloquence he exceeded for Solon his purpose was in the making of that Law that none should enioy the liberties of the citie but such as should be bound and subiect to the Lawes of the Citie And there was likewise an other difference betwixt veri and honorarij Ciues for they which were veri ciues did loose the liberties of the citie of Rome whensoeuer they did purchase the freedome of any other citie Which may appeare by this that though Pomponius Atticus being borne in the citie of Rome was a citizen of Rome and more then that beeing a Senators sonne was eques Romanus who was therefore called Atticus because hee had the Athenians in such reuerence and estimation a man of great byrth for three Emperours doe referre their originall to him u Senec. in epist ad Lucil. yet this man could not bee made a citizen of Athens least as Cornelius Nepos reporteth the plain truth u Senec. in epist ad Lucil. he should loose his freedom of the citie of Rome But as to them which were honorarij ciues if they were enfraunchised of a w Cornel. Nep. in vit Attic. hundred cities yet they could not loose their freedome of any In England not Cities onelie admit others to their liberties but verie Societies of Students as namelie the houses of Court and to mine owne knowledge the worthie societie of Graies Inne to which be admitted such a number of excellent noble men great diuines surpassing gentlemen whereof some haue sued and been desirous to be admitted other some haue rather been called then ordinarilie consorted for their preeminence and worth according to the rule of Salomon As is the fining pot for siluer and the furnace for gold so is euery man according to his dignitie I pray God this fining pot may still continue her siluer of Learning and Law I beseech him likewise that this furnace of gold may still seuer the gold from the drosse that is religion and loialtie from paganisme and papisme which hitherto the Lord be praised it hath done But to retourne to my purpose of handling the nature and properties of Cities and Corporations Though in the generaltie of admittance all common weales haue accorded yet in the speciall maner of admittance they haue dissented and varied For in Athens they could not bestow their fraunchise vpon anie without the suffrage and voice of a thousand citizens at the least a Demosth contr Eub●lid But in such places and regions which by reason of the barrennes of the soyle or by reason of the distemperature of the ayre are not verie well habitable not onelie the originarie inhabitants but euen straungers and aliens are forbidden by the Rulers of the places to depart out of them As namelie in Moscouia b Sigis in hist Moscho Tartaria and Aethiopia c Francisc Aluares in hist Aethiop But amongest the Venetians and Rhagusians none can be admitted to their cities vnlesse it be for a great summe of money or some principall desert But now sithence we haue spoken sufficientlie of Corporations in generall let vs examine the first foundation and beginning of guildes and fraternities which as Corporations do support the good estate of a Realme so they do preserue the good estate of Corporations These Fraternities are deriued of the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is to be interpreted a well or pit for in drinking at one pit or well societie was at the first contracted thence is deriued 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fraternitie So likewise Pagi towneships are deriued of the Doricke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a fountaine and in the Atticall dialect is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the meeting together at the first at one water or fountaine grew loue betwixt man and wife then betwixt brethren and sisters then betwixt vncles and nephewes then grew affinitie All which would haue been colde if there had not beene corporations colleges guildes fraternities and societies crected and established By the common Law no Corporations can be made but by the king yet his highnes may depute this authoritie to an other for so it commeth originally from the king howsoeuer Mast. Keble his opinion is that a Corporation must be made by the kinges expresse and immediate wordes d 2. H. 7. 13. But 22. Edwardi 4. and 20. Hen. 7. the opinion of Read is to the contrarie e 22. E. 4. Graunts 30. 20. H. 7. 7. and both Mast. Fitzherbert and Mast. Brooke g Br. Patents 44. abridging the case are in this contrarie to Mast. Keble f Fitzherb Graunts 36. And so is the opinion of Choke and Brian that if before the dissolution of Abbeys the king had licenced one to make a Chaunterie for a chaunterie Priest and to giue vnto him and his successors certaine land this had been a good Corporation h 21. E. 4. 56. But to all vnlawfull Gorporations all giftes grauntes fines and feoffements are made voide by the Satute of 23. Hen. 8. cap. 10. The first Lawmakers and founders of common weales at the first did accompt no foundation more stable to