Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;
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Title
Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;
Author
Goldesborough, John, 1568-1618.
Publication
London :: Printed by W. W. for Charles Adams, and are to be sold at his shop at the signe of the Marygold over against Fetter Lane in Fleetstreet,
Anno Dom. 1653.
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Subject terms
Law reports, digests, etc. -- England
Link to this Item
http://name.umdl.umich.edu/A85496.0001.001
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"Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A85496.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.
Pages
descriptionPage 108
13.
A Writ of Dower was brought by John Hunt and Ioan his Wife,
late the Wife of Austin,* 1.1 for the third part of Lands in Wolwich; the Defendant pleaded that the Lands are Gavelkind,* 1.2 And that
the Custom of Gavelkind within the County of Kent is, that the
Wife▪ shall have the Moity during her Widowhood, according to the
Custom, and not any third part according to the Common Law;
upon which Plea the Defendant demurred in Law;* 1.3 And one question
was, whether this Prescription in the Negative be good with the
Affirmative; And the other doubt was, if the Wife may wave her
Dower by the Custom, and take it according to the Common Law.
And the Justices held the Prescription good enough, being in the
Negative with the Affirmative.* 1.4
Windham
This Custom shall bind the
Heir and his Inheritance, and by the same reason it shall bind the
Wife and her Dower;
which Peryam granted expresly. Rodes was ab∣sent,
and Anderson spake not to that second point. But all the Court
agreed clearly that as this Custom is alleged, she shall be barred of
her Dower. And so they commanded to enter Judgement according∣ly;
but if the pleading had been in the Affirmative onely without
the Negative, then the second point had come in question.