Selected quad for the lemma: money_n
Text snippets containing the quad
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A11308
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The fyrst dialogue in Englisshe with newe additions.; Dyaloge in Englysshe.
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Saint German, Christopher, 1460?-1540.; Saint German, Christopher, 1460?-1540. Dialogus de fundamentis legum Anglie et de conscientia. aut
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1532
(1532)
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STC 21568; ESTC S116337
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214,256
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498
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the law that if a Bisshope be vouched to warraÌtie the tenaunt byndeth hiÌ to the warraÌtye by reason of a lease made to hym by the Bisshope by the deane the chapitre yelding a rente / that in that case the Bisshoppe may nat disclayme in that reuercion without the assent of the deane chapitre But yet if a reuercion were grauÌted to a deane a chapitre the deane refuse / the graunt is voyde / so it appereth that a deane may refuse to take a gyfte or graunte of landes or goodes or of a reuercion made to hym to the chapitre that yet he maye nat disagre to a remaiÌdre or deuise / the diuersite is because the remayndre deuise be caste vpon hym without any assent / wherunto nether the deane nor the chapitre by them selfe maye in no wyse disagre without the assent of the other / but a gifte or grauÌt is nat good to them without they bothe asseÌt in suche giftes as I suppose an Infaunt may disagre as well as one of full age / but if a woman couert disagre to a gifte the husbande agre that gyfte is good ¶ Doctoure what if the landes in that case of a man his wyfe be charged with damages or be charged with more rent than the lande is worthe / the husbande dye shall the wyfe be charged to the damages or to the rent ¶ StudeÌt I thynke nay if the wyfe refuse the occupacion of the grounde after her husbande deth / I thynke the same lawe to be if a lease be made to the husbande to the wyfe yelding a greater rent thaÌ the lande is worth that the wyfe after the husbandes dethe maye refuse the lease to saue her fro the payment of the rente / so may the successour of an Abbot ¶ Docto. And if the husbande in that case ouerliue the wyfe than make his executours and dye / whether may his executours in lykewyse refuse the lease ¶ Student If they haue goodes sufficient of theyr testatoure to pay the rente I thynke they may nat refuse it / but if they haue no goodes sufficient of theyr testatours to pay the rente to the ende of the terme / I thynke if they relinquisshe the occupacion they may by special pleedynge discharge them selfe of the rent and the lease / and if they do nat they may lightly charge them selfe of theyr owne goodes And if a lease be made for terme of lyfe the remayndre to an Abbot for terme of the lyfe of Iohan at style / reseruynge a greater rente than the lande is worthe / and after the tenaunte for terme of lyfe dyeth the Abbot may refuse the remayndre for the cause before reherced / and in case that the Abbot assent to the remaindre wherby he is charged to the reÌt durynge the tyme that is Abbot / after he dyeth or is deposed liuynge the sayd IohaÌ at style / in that case his successoure maye discharge hym selfe by refusinge the occupacion of the lande as is aforesayd But I thynke that if suche a remayndre were made to a deane / to the chapitre / the deane agre without the assent of the chapitre that in that case the deane the chapitre maye afterwarde disagre to the remayndre and that the acte of the deane without the asseÌt of the chapitre shall nat charge the chapitre iÌ that behalfe / thus it appereth though the meaninge of the sayde chapitre article in the sayde summe be / that a prelate may nat disagre vnto a legacie for hurtiÌge of the house / yet he may after the lawes of the realme disagre thereto where it shulde hurte his house And if in a Precipe quod reddat there be but one tenaunt be he spirituall or temporall / he refuse by waye of disclaymoure in suche case where he maye disclayme by the lawe / there the lande shal veste in the demaundaunt / if there be two tenauntes than it shall veste in his felowe / if he wyll take the hole tenauÌcie vpon him or els it shall veste in the demaundaunte But if an Abbot or a laye man refuse the takynge of the profites / shewe a speciall cause why it shulde hurte hym if he dydde assente be therby discharged as is sayde before / In whome the lande shall than veste it is more doute whereof I wyll no ferther speke at this tyme. And thus it appereth by diuerse of the cases that be put in this chapitre that he that is ignoraunt in the lawe of the realme / shall lacke the true iugement of conscience in many cases / For in many of these cases that that maye be done therein by the lawe muste also be obserued in conscience cÌ â Whether a gyfte made vnder a condicion be voyde if the souerayne onely breke the condicion ⸫ The .xxxiiii. Chapitre SLudent In SuÌma rosella in the title alienacio / the .xii. article is asked this question whether a gyfte made vnder a certayne forme may be auoyded or reuoked because the prelate or souereyne onely dyd breke the forme / it is there answered that it may nat for that the dede of the prelate onely ought nat to hurte the churche / if those wordes vnder a maner be vnderstande of a gyfte vpon condicion as they seme to be / than the sayd solucion holdeth nat in this realme nether in lawe nor conscieÌce ¶ Doctoure What is than the law of Englande if a man enfeffe an Abbot by dede intented vpon condicion that if the Abbot paye nat to the feffoure a certayne some of money at suche a daye / that than it shal be lawfull to the feoffour to reentre / at that day the Abbot fayleth of his paymeÌt may the feoffer lawfully reentre put out the Abbot ¶ Student ye veryly for he had no right to the lande but by the gyfte of the feffour his gyfte was condicionell therfore if the condicion be broken it is lawfull by the lawe of EnglaÌde for the feffoure to reentre to take his lande agayn to holde it as in his fyrst estate by which reentre after the lawes of the realme he disproueth the fyrste lyuerey of season al the meane actes done betwene the fyrst feffement the reeÌtre / it forceth litle in the lawe in whome the defaute be that the coÌdicion was nat performed whether in the Abbot or in his coueÌt or iÌ bothe / or in any other persone what so euer he be excepte it be in the feffoure hiÌselfe And it is great diuersitie betwene a clere gyfte made to an Abbot without coÌdicioÌ / where it is made with coÌdictoÌ / for whan it is made without coÌdicioÌ the acte of the Abbot onely shal nat by the comoÌ lawe disherite the house but it be in very fewe cases / but yet vpon diuers statutes the sufferauÌce of the Abbot
the sayd sergeaunte in this case to haue execucion as appereth in the .xxiii. yere of kyng Henry the .vi. the fyrste Chapitre ⧠Also if a man be sent to pryson vpon a statute marchaunt by the Mayre / before whome the recognisaunce was taken / and the Gayler wyll nat receyue hym he shall answere for the det if he haue where with / if nat than he shall answere that committed the Gayler to hym / as appereth in the statute called the statute marchaunte ⧠Also if outrageous tolle be taken in a towne marchaÌt / if it be the kynges towne let to seeme the kynge shall take the fraunchese of the market into his handes And if it be done by the lorde of the towne the kynge shall do iÌ like wyse And if it be done by the baylyfe vnknowynge the lorde he shall yelde agayne as moche as he hath taken / shall haue enprysonmeÌt of .xl. days And so it appereth that the lord in this case shall nat answere for his bayly WestmÌ the fyrst the .xxx. chapitre And in all the cases before reherced where the superiour is charged by the defaut of hym that is vnder hiÌ he in whose defaut his superiour is so charged is bounde in conscience to restore him that is so charged through his defaut Excepte the case before reherced of the hospitelers / for all that the obediencer hathe is the superiours if he wyll take it And therfore what recompence shal be made by the obeciencer in that case is all at the wyll of the superiour And nowe I entende to shewe the some perticuler cases where the mayster after the lawes of the realme shal be charged by the acte of his seruauÌt / baylyfe / or deputie / where nat / so for to make an ende of this chapitre ⧠Fyrst for trespas of batery or of wroÌg full entre into laÌdes or tenementes ne yet for felony or murdre the mayster shall nat be charged for his seruauÌte / oneles he dyd it by his commaundement ⧠Also if a seruaunt borowe money iÌ his maysters name the mayster shall nat be charged with it oneles it come to his vse that by his assente / and the same lawe is if the seruaunte make a contracie in hys maysters name / the contracie shall nat binde his mayster oneles it were by his maysters commaundement or that it came to the maisters vse by his assent But if a maÌ sende his seruaunt to a fayre or market to bye for hym certayne thynges / though he coÌmaunde hym nat to bye them of no maÌ in certayne the seruauÌt do he according the mayster shal be charged / but if the seruaunt in that case bye theÌ in his owne name nat spekynge of his mayster the maester shall nat be charged onelee ãâ¦ã bought come to his vse ⧠Also if a man sende his seruant to the market with a thynge which he knoweth to be defectiue to be solde to a certayne maÌ he selleth it to hym there an accion lieth agaynst the mayster / but if the mayster biddeth hym nat selle it to any persone in certayne but generally to whome he caÌ And he selleth it accordyng there lieth no accioÌ of disceyt agaynste the mayster ⧠Also if the seruant kepe the maysters fyre necligeÌtly / wherby his maysters house is brent his neyghbours also / there an accion lieth agaynst the mayster But if the seruaunte bere fyre necligently in the strete therby the house of a nother is breÌned / there lyeth no accion agaynste the mayster ⧠Also if a man desyre to logge with one that is no comon hostiler one that is seruaÌte to hym that he lodgeth with robbeth his chamber / his mayster shal nat be charged for that robbynge / but if he had ben a comon hostyler he shulde haue ben charged ⧠Also if a man be gardeyn of a pryson wherin is a man that is condempned in a certayne somme of money / another that is in pryson for felonye a seruaunt of the gardeyn that hathe the rule of the pryson vnder hym wylfully letteth them bothe escape in this case the gardeyn shal answere for the det shall pay a fyne for the escape of the other as for a neclygent escape and the seruaunt onely shal be put to answere to the felonye for the wylful escape ¶ Also if a maÌ make a nother his generall receyueure / that receyuoure receyuith money of a credytoure of his mayster makyth hym an acquytaunce and after payeth nat his maister yet that payment dyschargeth the credytoure but yf the credytoure had takeÌ an acquytaunce of hym without payeng hym any money that acquytaunce onely were no barre to the mayster / onles he made hym recyueour by wrytynge and gaue hym aucthoritie to make acquytaunces / and than that aucthorytye must be shewed And yf the creby four iÌ suche case by agrement bytwene the receyuoure hym deliuer to the receyuour a horse or an other thynge iÌ recompence of the dete that delyuery dyschargeth nat the credytour onles yt be delyuered ouer vnto the mayster and he agre to it For the receyuoure hath no suche power to make no suche coÌmutacion but his mayster gyue hym speciall coÌmauÌdement therto ⧠Also if a seruaunte shewe a creditoure of his mayster that his mayster sence hym for his money / he payeth it vnto hym / that payment dischargeth hym nat if the mayster dyd nat sende hym for it in dede / except that it come after vnto the vse of the mayster by his assent ⧠Also if a man make a baylyfe of a maner after the lorde of whome the maner is holden graunted the seygnoury to another the baylyfe after payeth the rente vnto the graunt that payment of the rent countreuayleth no attournant thoughe it were by fyne / ne shall nat bynde his mayster tyll he atturne him selfe / but if the lord of whome the lande is holden dye seased of the seynoury the baylyfe payeth the rent to the heyre of the lorde that is a good season to the heyre though the baylyfe had no commaundement of his mayster to pay it For it belongeth to his office to paye rentes seruice but nat rentte charge as some men saye ⧠Also an encrochemente by the baylyfe shall bynde the mayster in auowry if he had no commaundementte of the mayster to paye it ⧠Also if there be lorde Mesne tenaunt the renaunte holdeth of the Mesne as of his maner of D the Mesne maketh a baylyfe And after the tenaunt maketh a feoffement the feoffe rendeth notice to the baylyfe he accepteth his rente with the arrerages / this notice shall nat bynde the lorde ne compell hym to alter his auowry / for the office of a baylyfe stretcheth nat therto but he muste haue there in a speciall commaundement of his mayster Also if a seruaunt ryde on his maysters horse to do an erraunt for his mayster