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Updated: June 9, 2025
All that could be resolved on was to retain Robert Humphrys of the Middle Temple to interpose such delays as the law permitted; but no attempt was made at defence upon the merits of their cause, probably because all knew well that no such defence was possible. Meanwhile, for technical reasons, the quo warranto had been abandoned, and a writ of scire facias had been issued out of chancery.
"Tempora certa modosque, et, quod prius ordine verbum est, Posterius facias, praeponens ultima primis Invenias etiam disjecti membra poetae." he will never the more lose himself for that; the very pieces will be fine by themselves.
In my own sphere of duty I should feel myself called on by the facts disclosed to order a scire facias against the bank, with a view to put an end to the chartered rights it has so palpably violated, were it not that the charter itself will expire as soon as a decision would probably be obtained from the court of last resort.
Now this law of neighborhood, this lex vicinitatis, amongst the Romans, righted itself and settled itself, as amongst ourselves it continues to do, by means of actions or legal suits. Here you see is a transmuted war; in a barbarous state, fire and sword would have avenged this invasion of smoke; but amongst civilized men, paper bullets in the form of Qui tam and Scire facias, beat off the enemy.
But as it likewise appeared that some of the Proprietors themselves had refused to approve of the acts, the matter was farther referred to the Lords of trade and plantations; who, after examination, found that all the charges brought against the provincial government and the Proprietors were well grounded; and represented farther to her Majesty, that the making of such laws was an abuse of the powers granted to the Proprietors by the charter, and will be a forfeiture of it, and humbly begged that she would be pleased to give directions for reassuming the same into her Majesty's hands, by a scire facias in the court of Queen's Bench.
Would not the God Who had been justly offended in her, His vowed servant, that day, exact to the last tittle the penalty? She knew He would. Rosary ended, the thin, kind-eyed little elderly priest preached, taking for the text of his discourse the Introit from the Office of Quinquagesima. "Esto mihi in Deum protectorum, et in locum refugii, ut salvum me facias."
They ordered the attorney general to take out a scire facias against it, and appointed Francis Nicholson provisional governor of the province under the King. He was received with universal joy; and the people of Carolina passed, with great satisfaction, from the proprietary government to the immediate dominion of the crown.
If the Sheriff be in possession by fieri facias for debt immediately due to the king, the officer, however, shall quit his possession to the commissioners, and they shall see the king's debt fully satisfied before any division be made to the creditors.
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