Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	daughter_n	elder_a	marry_v	10,918	5	9.6530	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A65445	The office and dutie of execvtors, or, A treatise of wils and executors, directed to testators in the choise of their executors and contrivance of their wills with direction for executors in the execution of their office, according to the law, and for creditors in the recovery of their debts : expressing the duty, right, interest, power and authority of executors, and how they may behave themselves in the office of executorship : with divers other particulars very usefull, profitable, and behovefull for all persons, be they either executors, creditors or debtors : compiled out of the body of the common-law, with mention of such statutes as are incident hereunto.	Wentworth, Thomas, 1568?-1628.; Doddridge, John, Sir, 1555-1628.	1641 (1641)	Wing W1358; ESTC R15205	180,173	328

no remedy appeareth for the Conusee to have execution of the Goods of the Conusor but onely of his Lands If this should be thus it were a very mischievous case for many bound in Statutes have no Lands but Leases and goods of great value and if by their death their Goods and Chattells should be set free from this Statute and the Creditor without remedy the Law were very defective and it were so much the more strange in this Case because the Statutes of Acto● Burnell and Mercatoribus seeme to pitch principally upon Goods and to tend unto assurance betweene Merchants who usually are not Landed men But that the Law doth give remedy in such Case as well against the Goods as Lands of the deceased Conusor appeares by the resolution of late made in what Order and Precedence Statutes are to be satisfyed by Executors as after wee shall see Of Debts by Contract without Deed as Leases Paroll c. COntracts are of diverse kindes and we will begin with those in the realty as most worthy If therefore one be Lessee for yeares or for life without any Indenture or Deede as he may be and his Rent being behinde he dyeth now is the Executor lyable to the payment of this Rent without any Specialty for that his Testator if he had beene sued in his life time could not have waged his Law But if the Less●e for yeares in his life time sell or grant away his terme or Lease although he still lye at the stake for the Rent to grow due after untill the ●essor accept the Assignee for his Tenant Yet if the Lessee dye his Executor shall not be charged for any Rent due after the death of his Testator But what if the Lessee doe not Alien or assigne his terme but dye thereof possessed and the Executor perceiving the Land not to be worth the Rent Waiveth the same Yet the Lessor will not enter thereinto nor intermedle therewith whether may he yet charge the Executor with the Rent during the terme I answer that if he have assets that is sufficient for payment of this and other debts he cannot Waive this Lease but shall be tyed to answer this rent though much more then the Land is worth for the taking of the Lease is much of the nature of an Obligation to pay money Yet because it is yearely Executory the Executor may Waive it in case his Testators estate will not supply and beare that losse But what if there be assets to beare this yearely losse for some yeares but not during the whole terme I think in this case the Executor must pay the Rent so long as this Assets will hold out and then must Waive the possession giving notice to the Reversioner and this I thinke he may doe well enough notwithstanding his Occupation of the Land divers yeares after the Testators death because that was not voluntary but as of necessity yet this I leave as a Quaere to be well advised of with good counsell Of contracts personall VVHere the Testator might wage his Law there the Action lyeth not against the Executor as hath beene touched and therefore he is not chargeable in an action of debt upon a simple contract as by reason of this or that to his Testator yea though it were the Inheritance of Land which was sold so as the sale were without Deed or though by Deed yet if no counterpart were under the hand of him to whom the sale was made And the custome of London to the contrary viz. that an Action of debt should be maintained against Executors upon a contract was held void at least no Good plea against other Creditors that such a debt was recovered against the Executor or paid by him as was towards the latter end of the late Queenes time resolved though in the beginning of her time it was a demurrer Yea though such a debt grew for the most necessary thing viz. meate and drinke which bindeth even an Infant to payment yet will it not charge the Executor of a man of full age but this is meant where the contract was onely by Word for where the Testator putteth his Seale to any Deede or Writing made upon such sale this is more then a simple Contract and taketh from the Vendee his wager of Law and so chargeth the Executor But if the Testator seale but unto a tayle or tally with scotches expressing a de●t this is no such Specialty as shall cha●ge Executors Yet in some Cases without any seale at all the Executor is chargeable But although no Action of debt lyeth against the Executor upon such a simple contract yet may the Creditor in that case maintaine an Action upon the Case grounded upon the assumption implyed though not expressed as now standeth resolved by all the Judges of all Courts at Westminster though heretofore there hath beene much difference of opinion thereabout And indeed thus the Executor is charged in matter for a simple contract though not in manner of a Debt but as for breach of promise making recompence in dammages instead of the debt And the chiefe reason for it is because the Testator could not have waged his Law in this action upon the case against himselfe though in debt he might Where the Testator retaineth servants in Husbandry or otherwise and dyeth there being wages due to these so retained the Executor is lyable to an action of debt for the same by reason that the parties were compellable by Statute thus to serve and therefore the Testator could not have waged his Law but in case of Servants not compellable as Wayters or Servingmen as wee call them no action of debt lyeth against the Executor for their wages though against the Testator himselfe it doth for the Contract is sufficient to charge him who made it See of account after Where Executors shall be charged without either Contract or Special●y VVHere a Prisoner oweth money to a Jaylor or Keeper of Prison for his dyet or victualls and dyeth his Executor shall be chargeable for this debt because it is for the Common wealth to have Prisoners kept which cannot be without affording them victualls Also where one hath a Pattent or Tally of the Exchequer to receive money of some Customer Receiver or other Officer of the Crowne and delivereth it to him he then having money of the Kings in his hands if he pay not the same but dye his Executor shall stand chargeable with the payment thereof So for Arrerages of Account before Auditors if more then one but this is debt of Record in Law So if any Lord of free Tenants doth levy ayde of them for the marriage of his eldest Daughter and he dye before she be marryed she may recover this money by an action of debt against his Executor but

and wife and the will proved with both their likeing in the wives name and examine what acts the wife of her selfe is able to do and what her husband without her It hath beene conceived by many of old and by some of late that if a Femme covert or maried woman executrix release a debt of her testator or give away the goods which she hath as executor or deliver a legacie bequeathed it was firme and good and on the other side that her husbands gift or release was of no value for that the administration or execution of the will is committed to the wife only and some have gone so farre as to say that she may sue or be sued without her husband in the Courts of Common Law I meane for in the Spirituall Court it is true the husband is not joyned with the wife in suit but the law is doubtlesse in all those points contrary as not only some opinion also was of old viz. in the time of H. 7. but also hath beene in the late Queenes time resolved for otherwise if the wives gift or release should stand good her act might exceedingly endamage her husband and make his goods lyable to the creditors the testators state being wasted by the gifts or releases of his wife Wherefore it was held in the said late case that unlesse due payment were made to such women covert executors their releases or acquittances be void and so also their gifts and grants yea it was then held that the husband of the wife executrix may give goods or make releases of debts at his pleasure But doubtlesse by mariage neither are the goods though personall which the wife hath as executor devested out of her and setled in her husband as her own goods are nor if she dye shall they acrue to the husband if no alteration were of the property but shall go to her executor or to the next of kin being administrator of her testator if she have no executor and so was it held in the first yeare of Queene Mary Yea though for any other goods which the wife had in her owne right before marying the husband alone without naming the wife may maintaine an action of trespasse yet touching such goods as the wife hath as executor the action must be brought in the names of the husband and wife to the end that the damages thereby recovered may accrue to her as executor in lieu of the goods So also must the replevin for those goods be in both their names But although the husband be thus named with the wife yet principally is it the suit of the wife and therefore in such actions or in debt by husband and wife she being executor if it come to triall by Jury the husband being an alien yet shall he not have triall per medietatem linguae or alienigenarum that is by halfe aliens as in other cases Cases where an alien is party to a suite is to bee had And whereto a wife made executor power is given to sell land of the testators shee may sell to her owne husband as was resolved in the time of King Henry the seventh where the Feoffees it being land setled in use were committed to the Fleet for that they would not execute an estate to the husband according to the wives state But of this I much marvell since the Law intends the wife so under the husbands command and subjection that it holds not her disposition of land to him by will free nor therefore of force and how shall this then be conceived to be but a partiall sale yet volenti non sit injuria and he that will put such power into the hands of a woman under coverture doth in a manner subject it voluntarily to the husbands will And it hath been held by some that even an infants or femme coverts conveyance in such case of necessitie should stand firme and unavoydable because of the condition expresse or implied that the state should bee void if no such conveyance made Touching infants and their making or being made executors BEing now to consider of disability by age for want of yeares in persons making or being made executors Let us first take view of the severall ages of men and women to severall purposes materiall in the lawes judgement and respect And first touching a woman Wangford in Henry the sixth his time shewes and other books approve that she hath sixe severall ages respected in and by the law As first the age of seven yeares for her father to have aid of his tenants to marry her Next nine years to deserve dower that is that in case she be of that age at the time of her husbands death shee shall be endowed but not if she be any thing under those yeares the Law being Physically informed that a woman at those yeares may conceive a child but not under them But of somewhat different opinion was as it seemes the Parliament in the late Queens time when it was made felony to have unlawfull carnall knowledge of any woman child under the age of ten yeares it being then conceived as I thinke that no such could consent The age of twelve yeares is a womans time for assenting or disassenting to marriage in more tender yeares had For so it appeares by divers bookes although Mr. Littleton have here no distinction between male and female The age of fourteen years is a womans time to be in wardship or not so as if she be any thing above those years at the time of her ancestors death she escapeth wardship The age of sixteene yeares is her time of comming out of wardship being once fallen under it for although had she beene full fourteene she had escaped it yet not so being at the time of her ancestors death her wardship lasteth till sixteen yeares except the Lord shall sooner marry her And lastly the full age of a woman whereby she is inabled firmely and unavoidably to make grants or conveyances is one and twenty yeares as well as for the male before which time be it that she being sole make a feofment or other conveyance or being married alien her land by Fine and her husband of fu●l age joyne with her yet is it infirme and avoydable Now of the male or man the first age materiall and setledly resolved on is twelve years for at that time each male is at the Leet to sweare his fidelity to the King this women doe not and therefore are they never said to be outlawed but to be waived because they have not this admittance into the Law which males have This hath been as I think the ground of that speech That women are lawlesse creatures The second age of males is fourteen yeares accounted by the Law the age of discretion especially materiall to two purposes viz. First that if one under that age commit an act amounting to felony yet is he to stand free