Selected quad for the lemma: friend_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
friend_n	action_n	meddle_v	ordinary_n	24	3	15.8635	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A21071	The lavves resolutions of womens rights: or, The lavves prouision for woemen A methodicall collection of such statutes and customes, with the cases, opinions, arguments and points of learning in the lavv, as doe properly concerne women. Together with a compendious table, whereby the chiefe matters in this booke contained, may be the more readily found.	Edgar, Thomas, lawyer.; Doddridge, John, Sir, 1555-1628.; I. L.	1632 (1632)	STC 7437; ESTC S100217	253,135	400

heed she make not hērselfe an Execut ' de son ●o●t deme she by her owne wrong 〈…〉 H. 6. fol. 31. Action of debt was had against ● woman as Executrix to her lafe husband S●e●pl●aded that her husband made B. and C. his Executors which taking Administration from the Archbishop did de●i 〈…〉 to this De●c●dant three robes which her husband gaue her by will 〈…〉 that euer she administred in a● other manner As●●on Iustice held this for no good plea because here was no colour of any Administration for that is no Administration to vse her owne goods But if one administer quoth he about funerall ●●pen●es and nothing else hee may in a Writ brought against him plead the Administration for this onely cause sa 〈…〉 ceo that he administ●ed in any other manner for here was a kinde of Administration which shall charge the partie no further than the goods administred will reach But for a woman to take her owne goods is none Administration at all 〈…〉 ●●riam And there it is said that the Law allowes a woman conuenient apparrell but not excessiue c. Anno primo Eliz. In an Action of debt as against an Executor vpon a plea of ne vnques execut ' ne vnques Administrater ●ōe executor A speciall verdict was found how the Defendant had recouered 10. l. that was due to the Defunct and made an acquitance for it taking also into his hands all the goods and chattels that were the said Wyrials so was his name vsing them as his owne this was holden a sufficient Administration And saith Iustice Dyer fol. 166. I take for a rule that occupation and possession of a dead mans goods giueth sufficient notice of the person which shall bee charged to administer bee it either ordinary or Executor 17. Edw. 3. Action of debt was mainteynable against a Deane onely gardiam̄ spiritualium sede vacante ad cuius manus bona deuenerunt without naming the Chapter and issue was taken vpon the deuenerunt viz. the possession And such an action may bée against an Executor alone which hath possession of the goods 8. Edw. 3. In a Writ of Dower against one Executor alone that held the ward in his only custody hee was named Cu●tos and not Executor And for this reason it is that though an Executor bringing action must shew how hee is Executor for the most part yet the like is not needfull in an action against an Executor for hee may bee an Executor sundry wayes by Testament by letter of the Ordinary or by his voluntary Administration and taking vnto him possession vse and occupation of the goods long 50. Ed. 4. fo 72. And if an Administrator bringeth an action hee shall say in his Count qui obiit intestatus and not vt dicitur but where one declares against an Administrator it is the vsuall forme to say qui obiit intestatus vt dicitur for the Plaintiffe there is not intended to know certainly whether the Defendant bée Administrator or not And sée Greysbrooke 〈…〉 Plowd fo 276. b. c. that where letters of Administration are pleaded in Law they néed not bée shewed to the Court otherwise in the Count c. And a woman taking more apparell than is conuenient for her degrée without legacy or licence is an Executor de son tor● demesne 33. Hen. 6. yet there is some possession or medling that the Law tolerateth and is cullorable and yet it draweth no burthen with it as expences about funerals or if one be made Coadintor or Supervisor or if he haue l●tters ad collegendum or if he were Executor by a former will disproued by a latter will Likewise if a Feme Couert bee made Executrix not medling with any goods c. refuse to administer when she is sole In all these cases there is a C●llor of authority and the party shall plead the especiall matter sans ceo that he administred in any other manner But he which claimeth by guift shall plead absque hoc quod vt Ex●cutoris In the principall Case Dyer concludeth that the Plaintiffe should be without remedy if he might not haue the action And if saith he a lawfull Executor by his euill administration viz. Conuertion of goods to his owne vse shall be charged it must néeds be thought reasonable that he should be in better case vndischarged that executeth but by wrong of his owne carriage Thus farre Dyer Sometime the husband dyeth in so good time that it were madnesse in his widow to refuse administration● Know therefore that by the Statute 21. H●n 8. ca. 5. When the husband dieth intestate or the Executors named in the Testament doe refuse to proue it the ordinary or persons which haue authority to take probat of Testaments shall grant administration to the widow of him which is deceased or to the next of his ●in or to both as by his discretion shall bee thought good taking suerty of him or them to whom such commission shall be made for true administration of the goods debts 〈…〉 And where diuers persons claime Administration as next of kin which are all in equall degree or where one claimeth where indeed diuers bée in equality of kindred with h 〈…〉 the ordinary shall haue liberty to grant it to one or more of them which require it ●●d whereone or more but not all of them w●th are in equa●it● of degrée d●e make request the Ordinary may admit the widow and him or them●●ely making request or any one of them at his pleasure taking nothing c. vnlesse the goods d●● amount 〈…〉 the ●●l●●●● 〈…〉 pounds the penalty is forfeiture of so much money as was receiued contrary to this Act to the party grieued and ten pound to the King and party grie●ed besides But by the anci●●t custome of the Realme If any man dyed 〈◊〉 the Ordinary might dispose of his goods in ●●●us vses he might feife prese●●e giue or grant them yet was he not chargeable in any action prosecute by creditors of the intestate because forsooth hee was a Iudge spirituall and not subiect to temporall fuit for things committed to him vpon confidence But West 2. ●● 20. ●a e A● t● F. ● is Cum post mostē alienus deceden●is intestat● obligati aliquibus in debito the goods come to the Ordinaries hands it is ordeined that hee answer to action as an Execūtor shall doe quatenus bona defunct ●●●fici●●t Then againe because still the Ordinary might neither meddle nor be meddled with for things in action as debts c. 31. Edw. 3. cap. 11. ordeineth that in Case of intestate the Ordinary shall depute the most trusty and néerest friends of the dead to Administer and that they shall haue action of debt or answer in action of debt and bee accomptable to Ordinaries c. as Executors I will wade no further here in the office of Executor or Administrator except it bee onely to shew vnto you how next of kin in