Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	child_n	father_n	son_n	2,571	5	5.5290	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52908	A treatise concerning estates tayle and discents of inheritance written by N.N. ; and published by I. Sherman ...	N. N.; Sherman, John.	1641 (1641)	Wing N61; ESTC R32142	15,482	46

pleasure of Almighty God concerning the bestowing of his Inheritance but would fearefully alter a law so everlastingly hallowed and what sonne perceiving that his father through ignorance had offended this law and knowing that hee hath power to amend this fault but he will without feare and with all speed endeavour to settle his Inheritance in such course as hee undoubtedly knowes shall best please Almighty God But least I dwell too long on this point I must speake somewhat of the instrument or meanes whereby entailes are made which sometimes impaire sometimes amend that which is made Entailes therefore are either accomplished by feoffment by deed or by testament Feoffment is a gift or grant performed by delivery of seizin A deed is an instrument likewise constutitive conveying some estate by inrolement A testament is the just sentence of the mind All which do agree in one point viz. that our wills and consents are the causes without the which not any of them can be perfected for as the testament is onely the will of the testator so is neither a feoffment nor deed worth ought but by the consent and will of the feoffer or donor And as they agree in this which is all the substance of a testament so doe they differ in the solemnity or maner of accomplishing For our law preventing rashnes in passing so large an estate as a Lease for life or an estate of Inheritance have to feoffments and deeds knit a necessity of Livery and inrollment to remaine as pregnant witnesses that the feoffment or deed was made by good advice but to wills though they be of no force during the life of the Testator no other solemnity is required but the death of him that made them which prevents all possibility to amend ought that is amisse Another difference you may likewise note which I have though to another purpose touched before viz. deeds and feoffments require recompence to make the use change but wills doe passe the estate they containe and the use without regard of recompence these imperfections and differences were the cause why wills were not entertained in our common law or at most but in some customary places as in Burgh English where because the Inheritances by those customes descended to the youngest sonne the common law therefore in favour as I ghesse of the heire permitted there the use of wills as a meanes to reduce the customary lands to th' heire at common law and this I ghesse so because in the common law they were utterly disabled to convey Inheritances before the statute of 32. H. 8. cap. 1. except as I have said where custome had usurped on the common law And well was it considered in my judgment that Acts done at so unfit times as wills are usually made should not dispose of matters of so great weight as Inheritances for our forefathers thought it not lawfull in extreames of sicknes by feoffments to passe their Inheritances in extremis tamen agenti non est hoc cuiquam hactenus permissum quia possit tuncimmodica fieri hereditatis distributio si fuisset hoc permissum illiqui fervore passionis instantes et memoriam et rationem amittit But to a man in extremity of sicknes this is not permitted because then an immoderate distribution of the Inheritance might bee made if this were lawfull to him who looseth his memory and reason by the fervour of his present passion This was the common law in Mr. Glanvile his time and yet remaineth for ought I have read whose authority I doe often remember as most worthy being one of the most ancient Iudges of our law who as he hath delivered this of feoffments so of wills he saith possit tamen huju smodi donatio in ultima voluntate alicui facta ita tenere si cum consensu heredis ex suo consensu confirmaretur yet saith hee such a gift made by will to any man may hold so as it be made by the consent of the heire and confirmed by his consent most just therefore in my judgement is our common law herein which suffereth not the father in extremity of sicknes to dispose of his Inheritance since few men pinched with the messengers of death can afford reason his proper use Since therefore wills are for the most part made rather out of fervor of passion then by advised deliberation of the mind and since som are made by compulsion other by ignorance and some to content the importunity of others when yet they hope to live longer then they happen in all which cases they are esteemed as no wills for voluntas est que neque per vim neque per ignorantiam fit since I say all these inconveniences are likely to happen and may scarcely bee avoyded in wills as few estates taile are much to be regarded so none lesse then such as are composed by will unworthy therefore shall I esteeme this instrument to have power concerning Inheritances though it bee permitted by a late statute But since the Civill Law is the true mother and maintainer of wills it were not amisse to shew you that therein the power of wills is not absolute in disposing of Inheritances which any man that doubts may see in the Title of Querela inofficiosi which is said to be subsidiarium remedium à quo petitur a iudice ut testamentum contra pietatis officium ex suo officio rescindat et datur liberis et parentibus fratribus vero et sororibus si turpes personae scriptae sunt Thus you may see that even the Civill law hath compassion on Inheritances and giveth the Children power as it were to Cancell their fathers wills if they be against the office of piety and what almost can be more impiety on the fathers part then to dis-inherit his first begotten Sonne his issue for none other cause then for that Almighty God who onely maketh heires made his sonnes heire a daughter or daughters and rather to substitute another who can bee no more his heire then puer supposititius that is a Changling can bee Child to her that never bare him for nemo est heres viventis how therefore should one that liveth make an heire since there can bee no heire till the father be dead This act therefore as it is unnaturall so is it impious for all sinnes are most grievous that are most unnaturall but because it may here be alleadged that wills import a charge or Commandement of the division necessary to be observed it behooveth me to prevent that objection Which answer first therefore me thinkes it were absurd to say generally that all wills containe a necessity to bee performed since some wills are impossible other unlawfull and many doubtfull to all which if wee should tye a necessity of fulfilling we should force things unpossible things unlawfull and things doubtfull which were very unmeet but if some bind us and some leave us at liberty then must the difference proceed either of the