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;

6.

FUlwood brought an action upon the case against Fulwood,* 1.1 and de∣clared that whereas a motion of mariage was between the De∣fendant and a Widow in London, in consideration that the Plaintif should give his assent, that the Father of those Fulwoods should con∣vey to the Defendant all his Lands and Chattells, the Defendant pro∣mised to pay the Plaintif such a sum of money as their Father should assign▪ Ac licet that the Plaintif had given his consent, and that their said Father had assigned him to pay 37. l. yet the Defen∣dant, &c. and he pleaded non assumpsit, and it was found for the Plaintif, and now Fenner spoke in arrest of Judgement for four cau∣ses. [ 1] First there is no consideration, for the declaration is assensum su∣um daret, so that he is at liberty to give his assent or no: and so no [ 2] perfect consideration. The second is ac licet the Plaintif, &c. and [ 3] doth not say in facto that he gave his assent. The third is, that he doth not say that he gave his assent when the Father had those Lands and [ 4] Chattells. The fourth is, that in consideration the conveyance should be made to the Defendant, and it appeareth that it was made to the Defendant and his Wife.

Shuttleworth

To the contrary, we have alleged in deed, that he gave his assent, and that is as much as if he had said in consideration that he gave his assent. And allthough that the conveyance be to both, yet it is in tayl to them, and so the inheritance given to both. And therefore that which you allege is against you.

And the Wife of the Defendant being in Court was very importunate, whereupon the Court moved an agreement, and the Plaintif was content upon condition that the Defendant would enter into bond, but the Defendant seemed unwilling by his silence.

Anderson

Wee have made stay to the intent to do the Defendant good, and he will not be content when more than reason is offered him, wherefore let Judgement be entred for the Plaintif.

Notes

• * 1.1

  Action upon 〈◊〉〈◊〉 case.