Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	administrator_n	executor_n	pay_v	4,936	5	9.0812	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85496	Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas. Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;	Goldesborough, John, 1568-1618.; W. S., Esq, of the Inner Temple.	1653 (1653)	Wing G1450; Thomason E209_5; ESTC R10354	205,623	227

Wife sued execution and the Debtor upon this release brought an audita querela and adjudged against him because of covin but there is a third matter which makes an end of all for it is found that Sir John Pagginton entred upon Goodale and Goodale re-entred and then the Defendant entring is a Trespassor to the Plaintiff because no title is found for him to make his entrie lawfull Finner I thinke no payment ought to be made to the heir in this case no more than it shall be where a man is bound by obligation to pay a lesser sum to the Obligee his Heires or Executors there payment shall be to the Executor and not to the Heir And I think in this case Conusee by Starute grants over his estate that the payment ought to be to the Feoffee for that that he is to have the losse for by 22. E. 3. 15. E. 3. if a man have exeution by Statute and grant his estate over if the Conusor will pay the money and have the land again it shall be paid to the Grantee and not to the Conusee But I am cleer in opinion that for another cause judgement ought to be given against the Defendant for the words of the condition are sub conditione That if Sir John Pagginton pay 50. l. to the Heires Executors or Administrators of W. That the said Deed of Feoffment Liveri● cannot be void without a reentire and the seizin upon that given shall be void And I think it is no condition for livery of seisin may not be void without a re-entry as 15. H. 7. is but for the matter of the Covin it seems to me that if the Heir may receive the money that shall not prejudice for if he have right to have the money who hath any wrong if he give part of that to another Clinch The payment of the money to the Heire is good for when a man departeth with his estate it is in his dispose to annexe what condition he will and for that when he appointeth to the Heires Executors or Administrators payment to any of them is good And he said it was a good condition Possession a good title against all which have not a better and no fraud for the duty was due to the Heir but for the last matter that is not to be cured for when one title is found for the Defendant and it is found that the outed one that had elder possession his entry is torcious Popham I think the condition is not good for whensoever you will have an estate of inheritance to cease Estates beginning by liverie and otherwise you ought to have apt words to make it cease for an estate which beginneth by liverie may not cease by words but it is otherwise of an estate that beginneth by contract without any liverie and seisin but in the point of fraud I am of opinion with my brother Gawdy Fraudulent recoveries are void although they be by a good title For fraud in our law is not favoured albeit the partie have right for if he that hath right is of covin with one to disseise him that is in possession to the intent that he will recover against him now this recoverie albeit he hath right will doe no good to him but the last makes all without question and so judgement was given for the Plaintiff 112. SAyer brought an Eejectione firme against Hardy A Lease determinable made good for the insensibility of words and a speciall verdict was found to wit that a Lease was made to a widow for 40. yeers sub hac tamen conditione quod si ipsa tam diu sola fuerit inhabitabit in the same house the woman continued sole all her life and dwelt all her time in the said house and dyed within the term the question was whether the term be determined or not and whether the words make a condition or limitation Morgan It is no condition and cited Colthursts case but if it were a condition here is no breach alleged for the death is the Act of God which no man may resist and the Act of God may not prejudice any man Bromly I think the word makes a Limitation and not a Condition and he tited the Lord Barkly's case Gawdie If a Lease be made to a feme sole if she so long live sole and continue unmarried now if she dye the Lease is determined Differences between conditions and limitations and per Litl If an Abbot make a lease for 40. yeers if he so long be Abbot if he after be deposed or dye the lease is determined So is it of a lease made by the Husband if he so long continue Husband of such a woman but in this case the words are insensible and for that it is neither condition nor Limitation vide 3. E. 6. Dyer 65. 66. Popham Clinch It is neither Condition nor limitation but if this word si had been omitted it would have been a condition Or if the words sub conditio●● quod had been omitted it would have been a limitation And if I make a Lease for 40. yeers if the Lessee dwell upon the thing let during the term there if the Lesse dye the Lease is determined for that the point of limitation goeth to all the term but if it be a lease for 40. yeers if the Lessee dwell upon that during his life there if he dye the Lease continueth So they all concluded that the terme yet continueth per quod judicium intretur pro quer 113. IN the case between Walter and Walter for 20. l. per annum to be paid to a Justice of Wales for the Office of the Clerk of Fines Assumpsit in consideration of an Office sold For a Justice of Wales may by Prescription take notice of Fines of Land lying in certain Shires in Wales and this 20 l. per annum was to be payd by the Servant to the Master for the sayd Office for the Clerks Fee was v. s iiij d. of every Fine The Action for not paying the xx l. Mistr●all was brought and tried in comitatu Gloucest And therefore Mr. Attorney said it was mis-tryed for properly it ought to be tryed in one of the three Shires in Wales John Walter I think the Tryall good for 30 Eliz. there was a Case in this Court between Beveridge and Conney Reveridge against Conney And the case was that a Lease was made in the County of Northampton of lands in the County of Cambridge and the Lessee was bound by Obligation to pay his rent in the County of Northhampton The Defendant pleaded payment in the County of Cambridge and this was found in the County of Northampton Gawdy This is a good Case let us see the Record Walter You shall Sir But the Court seemed to incline against Walter Cook said that in this case the Assumption is voyd per le Statute de 5 Ed. 6. cap. 16. For it is not

de D. and a Lease had been made by name de Minister domus de D. omitting this word Dei every one will agree that this is voyd but if a further addition be made to the Corporation the Lease is true Addition superfluous shall not hurt allbeit that it be varying as if the Lease had been Minister Dei omnipotentis the addition of this word omnipotent shall not hurt sic de similibus And allbeit that it be not agreeing in words yet if it agree in common understanding Common understanding it is good but if in common understanding the grant may not be taken according to the Foundation if it be not wrested to an unexpected understanding there it is not good and if the Foundation had been in English words Minister of God of the poor house of Donington and the Lease by name of Minister of the poor house of God of Donington every one will agree that this is palpable variance and the Lease not good And I doubt of the case of Everwick for there the Prior beat●● Mariae brought an action by name of Prior beat●● Mariae extramures civitatis Ebor and if this case were now to be adjudged that would be variance as the case of Bristoll Prior beatae Maria de Bristoll made a Lease by name of Prior beatae Maria juxta Bristoll and this Lease was adjudged voyd but if the case had been de Everwick juxta mures civitatis Ebor. this had been no materiall variance for it had been but an explanation which will never hurt and for that the Court was so divided in opinion that is to say two against two and the case concerned a poor house They moved the parties to comprimise 8. RUswell brought disceipt against Vaughan Disceipt and declared that the Defendant sciens that he had no title to the Advowson of D. took upon him to be owner of that and sold the profits of the sayd Advowson to the Plaintif pro quadam pecunia summa And it was pleaded in arrest of Judgement for that the Plaintif did not aver ubi revera the Defendant had no title non allocatur 9. THe case was that the Queen made a Lease for years Burrough versus Taylor rendring rent at the receipt of her Exchequer or to the hands of her Baylif upon condition that if the rent be not payd that the estate shall cease Payment of rent the reversion being granted away by the Queen after the Queen granted over the reversion and whether the rent shall be now tendered upon the land or at the receipt of the Exchequer or to the person of the Assignee of the reversion was the question and it was adjudged that the Grantee of the reversion ought to demand the rent upon the Land or otherwise he shall not re-enter for the condition broken that for two causes the one for that that when the reversion was in the Queen Election the Lessee had election to pay it at the receipt of the Exchequer or to the hands of the Queens Baylif and when the Queen had granted over the reversion the election of the Lessee is tolled by which now the rent shall ensue the nature of other rents reserved by common persons The common receipt of the Exchequer and those are payable upon the lands another reason is every rent reserved by the Queen is of common right payable at the receipt of the Exchequer or to the Baylifs of the Queen without words appointing at what place it shall be payd for these are the usuall receipts of the Queen and so the words which appoint that to be payd at the receipt of the Excheq ●r to the hands of the Baylif of the Queen are idle words for that the Law appointeth so much of common right ex praerogativa Regis but when the reversion is transferred into the hands of a common person No prerogative can be granted over there this Prerogative ceaseth for it cannot be granted to a common person and by consequence the rent shall be payd upon the Land 10. THomas VVelcome Error Executor of Anthony VV. Executor of John VVelcome brought a Writ of Debt against S. S. in the Common-place and Judgement was given and entred quod praedictus Johannes VVelcome recuperet where it should have been quod praedictus Thomas VVelcome recuperet No amendment in point of judgement and for that Error was brought and Serjeant Heale moved that the Record might be mended for that it was the mis-entring of the Clerk but adjudged to the contrary for the Judgement is the act of the Court and not of the Clerk 11. EDmund Nevell brought an Action of Trespass against J. Sayle Abuttals and declared Quare clausum fregit in quodam loco vocato Claveringfield abuttan super quoddam molend in tenura J. S. Opinio Curiae If the Plaintif do not prove his Buttals he is gone And for that he could not prove that the Mill was in the tenure of J. S. the Jury being at bar was discharged and howbeit that there be a way between the Close and the Mill yet the Buttall is good 12. RIchard Somerstailes brought an Action upon the case for slanderous words Slanderous words that is to say R. S. is a very bad fellow for he made J. S. drunken in the night and consened him of an hundred Marks and upon not guilty pleaded it was found for the Plaintif and Judgment was stayed for the words are not sufficient to maintain an Action 13. IF the Heir of the Morgagee is in Ward Mortgage and the Morgager payeth the mony his entry is not lawfull upon the King but shall be put to monstrans de droit per Popham chief Justice 14. HAmond brought Debt upon an Obligation against Hatch Award of pa●t onely and the Condition was That if the Obligor do well and truly perform and keep the Award of J. S. Arbitrator indifferently chosen between the Plaintif and the Defendant for and concerning the matters contained in 9 severall Articles bearing date the day of these presents So that the same be given up under the hand and seal of c. And the Arbitrator made an award of 7 of the sayd Articles omitting the other two and whether the Obligor ought to perform this Award was the question Man I think he ought to perform the Award for that he is bound by Obligation to perform it and to prove that he cited 5 Edw. 4. 19 Hen. 6. 17 Edw. 4. Gawdy The words of the Condition are so that the same Award be given up in writing before such a day and that shall have reference to all the Articles for the Submission was conditionall as 14 Elizab. And after Judgement was given quod quer nihil capiat per billam 15. How against Broom and others A Man leased a House and a Close rendring rent and the Lessor entered into the house and pulled that down and after