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Updated: June 9, 2025
"Where shall I lie with my babe?" cried the poor woman, looking around on the naked cabin, where neither bed, nor blanket, nor chair, nor chest, nor spinning-wheel remained. "Li-vari facias! and fi-eri facias! If there's a mistake a replevin lies, but no mistakes are made by Isaac and Jacob Cannon. Constable, I think I see an iron pot on that crane!"
Should I tell you how many purseuants with red noses, and sargeants with precious faces shrunke away in this sweat, you would not beleeve me. Euen as the Salamander with his very sight blasteth apples on the trees, so a purseuant or a sargeant at this present, with the verie reflexe of his fine facias, was able to spoile a man a farre of.
Rushton remarks, is directed to the sheriff to seize and value lands and goods to the utmost extent; "an extendi facias" as Lord Campbell authoritatively says, "applying to the house and lands as a fieri facias would apply to goods and chattels, or a capias ad satisfaciendum to the person." But that John Fletcher knew, as well as my Lord Chief Justice, or Mr.
Wood proving so unquestionably the weight, goodness and fineness of the copper money coined, rather exceeding the conditions of the patent, than being any way defective, the Lords of the Committee cannot advise your Majesty, by a writ of scire facias, or any other manner to endeavour vacating the said patent, when there is no probability of success in such an undertaking.
On the twenty-third of October, 1684, in the High Court of Chancery of England, judgment was entered on the writ of scire facias, by which the charter of Massachusetts Bay was vacated; and as a consequence, the title to the soil, with all improvements, reverted to the Crown, to the ruin of those who had wrested it from the wilderness, and guarded it from the savage foe.
At ille, cujus alta nobilitas nesciret in tanto etiam periculo sapere; 'Fortuitu, inquit, 'me cepisti: sed si possem evadere, novi quid facerem. Tum Willelmus, prae furore ferè extra se positus, et obuncans Heliam, 'Tu,'inquit, 'nebulo! tu, quid faceres? Discede; abi; fuge! Concede tibi ut facias quicquid poteris: et, per vultum de Luca! nihil, si me viceris, pro hâc veniâ tecum paciscar." I.e.
Upon the receipt of these your Majesty's orders, the Lord Lieutenant, by his letter of the 20th of March, 1723-4, represented the great difficulty he found himself under, to comply with these your Majesty's orders; and by another letter of the 24th of March 1723-4, "after consulting the principal members of both Houses, who were immediately in your Majesty's service, and of the Privy Council," acquainted your Majesty, "That none of them would take upon them to advise, how any material persons or papers might be sent over on this occasion; but they all seemed apprehensive of the ill temper any miscarriage, in a trial, upon scire facias brought against the patentee, might occasion in both Houses, if the evidence were not laid as full before a jury, as it was before them," and did therefore, a second time, decline sending over any persons, papers or materials whatsoever, to support this charge brought against your Majesty's patent and the patentee.
The abacus is less deep than in the Greek Doric, and it is always moulded at the edge, which was never the case with the Doric abacus. The architrave, for example, has three facias instead of being plain. On the other hand, the frieze has no triglyphs, and but rarely sculpture. There are more members in the cornice, several mouldings being combined to fortify the supporting portion.
In the mean time the agent for Carolina had procured a hearing from the Lords of the regency and council in England, the King being at that time in Hanover; who gave it as their opinion, that the Proprietors had forfeited their charter, and ordered the Attorney-general to take out a scire facias against it.
It is all but absurd to say that a man's goods are sold on a fieri facias, or that he himself goes to jail, in pursuance of his contract. These are the penalties which the law inflicts for the breach of his contract.
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