Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

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Title: Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
Author: Popham, John, Sir, 1531?-1607.
Publication: London :: Printed by Tho. Roycroft for John Place and are to be sold at his shop ...,; 1656.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.
Link to this Item: http://name.umdl.umich.edu/A55452.0001.001
Cite this Item: "Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55452.0001.001. University of Michigan Library Digital Collections. Accessed June 8, 2024.

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The same Term in the same Court. May and Samuels Case.

AN action of Debt was brought upon an Obligation, the Condition wher∣of was to stand to the Arbitrement of John S. concerning all matters be∣tween them to the time of the submission, who arbitrates that the one shall pay 20 s. and that the other shall make a generall release to him of all mat∣ters, from the beginning of the world to the time of the arbitrement. * 1.1

Haughton Iustice, this is an arbitrement but of one part, and therfore void, but if it had been only that the one shall pay 20 s. it may be good, for it shall be intended that the other by reasonable construction shall be discharged or acquitted, to which Crook and Doderidge Iustices agreed. But by Moun∣tague chief Iustice, it ought to be specified; yet they all agreed, and so it was adjudged that this was a void arbitrement, for it was of the one part only, to wit, that he shall pay 20 s. for the other part for the release to the time of the arbitrement was not within the submission; so if the arbitrement had been, that the one shall make a release, or shall be discharged or acquitted without speaking of the other, this being on the one part only is a void arbi∣trement, vide Co. lib. 8. Baspoles case, and 7 H. 6. 40. accordingly.

Notes

* 1.1

Arbitrement.

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