Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bring_v	england_n	king_n	1,414	5	3.7575	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50674	The touchstone of wills, testaments, and administrations being a compendium of cases & resolutions touching the same : carefully collected out of the ecclesiastical, civil and canon-laws, as also out of the customs, common laws, and statutes of this kingdom / by G. Meriton ...	Meriton, George, 1634-1711.	1668 (1668)	Wing M1811; ESTC R11357	81,710	267

or where the Executor doth refuse to take the Office upon him Jo. de Canibus Tract de Executoribus ult vol. part 1. q. 3. Swin part 6. sect 1. num 2. 244. The second hath his Authority from the Bishop or Ordinary and is he whom we call an Administrator and is put in where the Executor named refuseth or cannot b● Executor or when no Executor i● named in the Will and if there b● a Will then it must be annexed to the Letters of Administration and such Administrator is chargeable with the performance of the Will a● if he had been appointed by the Testator Bro. Testament 20. and Devis● 35. 31 E. 3. cap. 21. and 21 H. 8. cap. 5. Swin part 6. sect 1. 245. And lastly the Executor who derives his power from the Testator is he that is named Executor in the Testament to whom the Execution of the Testament is committed by the dead man and is called Executor testamentarius and hath his Authority immediately from the Testator and may without the Authorty of the Ordinary enter to the Testators Goods and Chattels and after Probation of the Testament may also Commence Suit against the Testators Debtors Plo. com in Case inter Griesby and Fox Bro. Executor 49. Swin part 6 sect num 4. Minsin in tit de Haered Inst. 246. When the King is made Executor of the Testament of another person he doth not take the office upon him but appoints certain persons to take the Execution of the Will upon them against whom such as have cause of Suit may bring their Action and others he appoints to take the accounts as appears in the Case of Catharine Queen-Dowager of England Mother to H. 6. who constituted King H. 6. her sole Executor and he appointed certain persons to take the charge of the Will upon them and others to take their Accounts Vide Rott Parliamen 15 H. 6. num 32. Co. 4 part Inst fol. 335. 247. VVhen a man makes several Executors and they live in divers Diocesses they shall all receive such benefit as accrews to them by the Testament onely by the Authority of that Judge who confirmed the Testament to them and the same course is to be taken by the Administrators who live in several Diocesses Refor Leg. Ecclesiast tit Testament cap. 37. 248. Now the Office of an Executor Testamentary doth consist in two things that is either in accepting or refusing the Executorship upon both which parts there are several Cases hereafter following in this Chapter very necessary for all Executors to know 249. If he that is named Executor be cited to appear before the Ordinary and do refuse to accept the Executorship or will not appear then the Ordinary or other Judge may commit the Administration of the Goods of the deceased as if he had dyed intestate but if the Executor afterwards be willing to undertake the Executorship then the Ordinary may revoke the Administration before committed but mean acts done by the Administrator until the Executor undertake are good and effectual in Law Bro. Exer. 49. and 101. and Admin 32 and 33. 31 H. 8. cap. 5. Vide Griesbie and Foxes Case ●low com fol. Swin part 6. sect 2. 250. Note that the Executor cannot be compelled to undertake the Office unless he have already meded with the Testators Goods as Executor for then he may be compeled to it and if notwithstanding he do still refuse and the Ordinary do ●ommit the Administration to him his refusal is void and he shall be ●harged as Executor And when one ●hall be said to meddle with Goods as Executor and when not is shewed afterwards in this Chapter Fitz. Abr. tit Exec. num 35. Olden de Exec. ult Volunt tit 7. in fine Swin part 6. sect 2. Noyes Maximes pag. 102. Hernes Law Convey pag. 87. 251. VVhere a term is devised to an Executor who enters and dyes before Probat yet in such Case the entry is good Executorship and his Administrator shall have it M. 2● El. Dyer fol. 367. 252. Note that every one to whom the Testator was indebted shall have an Action against the Executor so long as the Executor hath Assets in his hands but a Debt due to the Testator shall not charge the Executor as Assets till he have received it Terms of the Law verb Executor Br. Exec. num 112. Swin part 6. sect 3. 253. VVhere there be divers Executors the Actions Commenced by them ought to be in all their names and so must the Action that is Commenced against them name them all except it be in Case where some of them refuse to take the Office and the others onely prove the Will for in such Case in Actions brought against them those onely which prove the Will may be named and the other left out Bro. Exec. 117. Co. 9. lib. Rep. fol. 40. Noyes Max. pag. 102. Swin part 6. sect 20. Perkins sect 485. 254. If divers be made Executors and some of them refuse yet he which refuseth may release any debt before Judgement which was due to the Testator and it is as good as if he had never refused and so a sufficient discharge to the Creditor for every Executor hath an intire interest and therefore if two as Executors have a term and one of them grants all that to him appertains in this Case the intire Term shall pass Co. 5. li. fol. 28. Bro. Exec. 38 117. Dyer fol. 23 and 319. Swin part 4. sect 20. Noyes Maximes pag. 101 102. Perkins sect 485. 255. But one Executors releasing of Debts or selling of Goods shall not charge the other to pay so much of the Goods if there be not enough to pay Debts but it shall charge the party himself that did so release or convey Hernes Law Convey pag. 87. 256. Note that the Executor which refuses may joyn at any time when he will yea though it be not till after the death of the other Executor wh● proved the Will contrary to the opinion of Broke and so the Quere in Dye is well resolved 42 El. Henslowe Ca. Co. 9. li. fo 39. Perkins sect 485 Dyer fol. 360. num 42. Bro. Exec. 92 99 and 149. Swin part 4. sect 20 and part 6. sect 3. 257. But if divers be made Executors and they all refuse before the Ordinary and he grants Administration to another in such case they cannot then afterwards prove at any time so note the diversity between one refusing and all refusing 42 El. Henslowes Ca. Co. 9. li. fol. 39. 36 H. 6. Finches Law pag. 171. And Vide Bewacorne and Caters Case Mores Rep. fol. 258. If two be appointed Executors and one of them refuses and the other takes the Office upon him and then dyes and makes his Testament wherein he names the Executor in this case the Executor of the Executor cannot joyn with the surviving Executor neither in the execution of the first Testators Will nor in Suits or Actions and if the Executor of the Executor have any

as one Excutor may do as is shewed before in the ninth Chapter but in such case all the Administrators must joyn Herns Law Convey pag. 88. 360. If Administration be unduly gra●●ed to such a person as ought not to have the same in such case the Ordinary may revoke the same afterwards but if it be duly granted to those who of right ought to have the same then he cannot lawfully revoke it and if there be a suit depending to that purpose in the Spiritual Court a Prohibition will be granted Clerks ca. M. 20 Jac. B. R. Rott 2196. Vide Cro. 1 part Fotherbies ca. and Pasc 21 Car. 1. B. R. Bettesworth and Bettesworths case Styles Rep. fol. 10. 361. If Administration be unduly granted by the Ordinary of an inferiour Diocess the party grieved cannot have a Prohibition at the Common Law but he must appeal to the Metropolitan or Arch-bishop of the Province from thence to the Court of Delegates for the Stat. of 21 H. 8. doth not say that the Administration shall be committed to the next of blood or else the Administration to be void but that it shall be granted on such a pain and so it doth not take away the Cognizance of the Case from the Ecclesiastical Judge P. 1 Car. 1. B. R. Mayowes ca. Latches Rep. fo 67. M. 24 Car. 1. B. R. Browne and Poynes case Styles Rep. fol. 147. 362. If one dye Intestate and the Ordinary grants Administration to a Stranger and the next of Kin sues a Citation out of the Spiritual Court to have the Administration revoked and pending the Suit the Administrator sells the goods to defeat the next of Kin and then the Letters of Administration granted to the Stranger are revoked and made Null by Sentence yet in this case the sale by the first Administrator is good but if the next of Kin had appealed to have the Administration revoked and pending the appeal the first Admiministrator sels his goods then in such case the sale is void and so note the difference between a Suit by Citation to revoke a former Administration and an appeal for an appeal doth suspend the former Sentence 37 El. B. R. Packmans case Co. 6 ii fol. 28. Vide Harlings case Claytons Rep. 25. 363. VVhere an appeal is made and the first Administration is confirmed then the use is to send back the Cause to the Court from whence it came by appeal but when the first sentence is reversed then the first Court is outed of its jurisdiction and the Court which reverses it shall commit the Administration de novo P. 1 Car. 1. B. R. Reeve and Dennyesca Latch 85. 364. Appeals in Cases Testamenry Matrimony and Tythes must be sued from the Arch-Deacon or Official if the matter be there commenced to the Bishop of the Diocess and from the Bishop Diocesan or his Commissary in such Case or when the matter is there commenced within fifteen days after sentence given to the Arch-bishop of the Province and no farther but there to be definitively adjudged See num 368. 24. H. 8 c. 12. Wing Abr. Stat. tit Appeals to Rome num 5. Co. 4 part Inst fol. 339. 365. VVhen the Cause is commenced before the Arch-deacon or Commissary of the Arch-bishop the appeal may be made within fifteen days after sentence given to the Court of Audience of the said Archbishop and from thence within fifteen days after sentence there to the Arch-bishop himself and no further when the Cause is commenced before the Arch-bishop himself it was to be determined there without further appeal by the Stat. 24. H. 8. c. 12. 24 H. 8. c. 12. Wing Abr. Stat. tit Appeals to Rome num 6 and 7. Co. 4. part Inst fol. 339. 366. But see the Stat. 25 H. 8. where it is added further that appeals shall be from the Arch-bishops Courts to the King in his Chancery where a Commission shall be awarded under the Great Seal to certain persons to be named by the King for the determination of the said appeals and from thence no further and these Commissioners are called Delegates because they are delegated by the Kings Commission Co. 4. part Inst fol. 339 340. 25 H. 8. c. 19. Wingates Abr. Stat. tit Appeals to Rome num 4. 367. When the Cause or Suit concerns the King the party grieved may within 15 days after sentence given appeal from any of the said Courts Ecclesiastical to the higher Convocation-house of that Province and no further and there to be finally determined 24 H. 8 c. 12. Co. 4 part Inst fol. 323 and 339. in fine 368. Appeals from places exempt which were before to the See of Rome shall be into the Chancery ut supra and not to the Arch-bishop and shall be determined by the Delegates 25 H. 8. c. 19. Co. 4 part Inst fol. 340. 369. But note that where it is said in the case aforesaid upon the Stat. of the 24 and 25 H. 8. that the sentence shall be definitive upon certain appeals there mentioned yet notwithstanding the King as Supream Head upon complaint to him made may grant a Commission of Review for so the Pope used to do as Supream Head and the same power which the Pope had formerly doth now of right belong to the Crown and is annexed thereunto by the 26 H. 8. c. 1. and 1 Eliz. c. 1. And so it was resolved Tr. 39 El. B. R. where the case was that sentence being in an Ecclesiastical cause in the Country the party grieved appealed to the Arch-Bishop where the first sentence was affirmed from thence he appealed to the Delegates before whom both the former sentences were repealed and made void by definitive sentence and thereupon the Queen as Supream Head granted a Commission of Review ad Revidendum the sentence of the Delegates Co. 4 part Inst fol. 341. Tr. 39 tit B. R. Hollingworths case Ras●al Rome 389. 370. If the Ordinary knowing that there is a Testament and an Executor named therein will notwithstanding grant Administration of the deceaseds Goods not having first called the Executor before him to prove the Will or to accept or refuse the Executorship then in such case when the Excutor shall prove the Will he may sue the Administrator in an Action of Trespass notwithstanding the Administration granted by the Ordinary Swin part 6. sect ● 371. If a man be Executor to one who was Administrator to another man in this case he shall not have administration of such Goods as his Testator had by vertue of the Administration but the Administration thereof shall be committed to the next of Kin to him that dyed first Vide H. 43. El. C. B. Thorns case Goldes Rep. pag. 182. pl. 118. Hernes Law Convey pag. 88. Fitz. Abr. Tit. Admin num 3. Swin part 6. sect 3. num 12. 372. If an Executor in an Action brought by him recovereth and afterwards dyeth Intestate and then Administration of the Goods of the first Testator is committed to J. S. in