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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

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it is great p●●ulancie in any widdow that slippeth to second wedlocke w●ilst she yet nourisheth in her wombe the pledge of vn●●n and loue betwixt her and her late husband I thanke God I cannot say that I haue knowen in my life time any widdow so want●n In old time women vsed now and then to saine themselues left with childe and to bring forth borrowed brats to depriue the Deceaseds right heire of his inheritance sometimes of their owne mischieuous malice and deceitfulnesse and sometime by consent and combining with the Lords of whom the lands were holden Bracton in his second Booke cap. 32. hath a large discourse De partu supposito and there is a Writ to the Sheriffe to call before him and the Kéeper of Pleas of the Crowne the woman that pretendeth to be enseint to haue her examined by tractation and search of good and lawfull women per vbera per ventrem whether she be pregnant or no and if the matter he found doubtfull to commit her to a Castle and warie custodie without accesse of any suspected woman Qu●usque de partu suo corstare possit But this is a péece of learning so obsolete and wor●e out that I thinke since I was borne and a long time before there neuer was any such Writ put in ●re I conclude therefore that our widd●wes now adayes are honester than they were in Henry the thirds time in the fifth yeare of whose reigne Mariell widdow of William Constable de Mauton in Comitat. N. rff practised this cousenage widdowes of this age are nothing so deceitfull though deceiued sometimes by bad husbands THE WOMANS LAWYER The fifth BOOKE THe widdow married againe to her owne great liking though not with applause of most friends and acquaintance But alas what would they haue her to haue done she was faire young rich gracious in her carriage and so well became her mourning apparrell that when shee went to Church on Sundayes the casements opened of their owne accord on both sides the stréets that bachelours and widdowers might behold her Hic trahebatur ●lle er●● cunctis amor vnus habendi Her man at home kissed her pantables and serued diligently Her late husbands Physitian came and visited her often The Lawyer to whom shee went for councell tooke opportunity to aduise for himselfe If shée went to any feast there was euer one gues● sometimes two or thrée the more for her sake If she were at home suitors ouertooke one another and sometimes the first commer would answer the next that she was not within All day she was troubled with answering ꝑetitions And at night when she would go to rest her maid Marion was become a Mistris of reque●●s and hum●le supplications This kinde of life the widdow liked not I aske againe what she should haue done he to whom she gaue a den●all would not take it if shee denied him twise hee said two negations made an affirmation and hée challenged promise therefore to set mens ha●ts and her owne at rest shee chuse amongst them one not of the long robe not a man macerate and dryed vp with study but a gallant gulburd lad that might well be worthy of her had hee béene as thrifty as kind hearted or halfe so wise as hardy and adu●nturous This youth within lesse than a yeere had set the Nuncios which his predecessor kept in prison at liberty round about the Countrey the bags were all empty the plate was all at pawne all to keep the square bones in their amble and to relieue Companions One of which notwithstanding that had cost h●m many a pound for none other quarrell but vous me●tes challenged him one day into the field which was appointed and there my new married man was slaine Now his wife will bring her Appeale SECT I. Appeale of the husbands death BY Bracton li. 3. cap. 29. A woman can haue an Appeale but only in two cases per quod alicui lex debeat apparens adiudicari As in case where iniury and force is committed against her person by rauishment or when her husband is killed imer Brachia iua This forme of appeale therefore is A. late wife of B. appeales ● that whereas B. her husband was at such a place such an houre such a day and such a yéere C. came with force ●equiter in felonia contra pacem regis and killed him betwixt her armes and that he did this against the Kings peace and fellonio●sly shee will proue and maintaine as the Court shall thinke good Againe the same A. appeales E. of this that at the same place the same yéere day and h●wer E. ●ame with C. felloniously and against the Kings peace and held B. till C. killed him c. If hée which is appealed de facto were taken vpon the fact with his knife or sword all bloudy and this very●●ed by Testimony of good and lawfull men non erit v●terius ●●quiren●●● Thus Bracton Now let vs ●●● how shee shall be vnderstood there is no doubt but a woman may haue other Appeales besides th●se tw● of rape or death of her husband 11. Hen. 4. fol. 9● An Appeale of Robbery was brought by a woman the defendant said the Appealant was his 〈◊〉 iudgement si el ●erra respondue and to the robbery non culpa●le So that hee pleaded to the fellonie and the ●●●fty admitted a good plea And a woman may haue an appeale of may hem 13. Hen. 7. 14. Hussey saith it was demanded of him for a doubtfull question where parish Clarke ●ell out with another man and threw the Church ●●re key●s at him with such force that they ●●ang out at the Chamber window and put out a womans eye whether it were may h●● or no And for the euill intent of the Clarke it was déemed may h●● but considerati●n ought to be had in a●●e●●●ng ●a●●ages But true it is a woman shall not haue appeale of any mans death saue only of her husbands therefore if a man bee killed that hath neither wi●● nor sonne but his next heire is either daughter sister or female Cos●● albeit he hath many other ●●●red E●si●s or V●e●es the pro●●●ity of a female he●●e ●●●es away the Appeale quite and cleane for of ●●● Ancestors death if he had no wife the Appeale belongs ouer to the heire who here cannot haue it because it is a female for Mag. Char. doth directly d●ny it ●ap 34. N●llus c●pictu● a●● imprisonet●● propter apellum ●eminae de mo●●e a●●●●●u● quam viri sui And vpon such an Appeale brought by an heire female the Defendants cannot bee arraigned at the Kings suit because the Appeale was neuer good Neither shall the Defendants recouer dammages because as Shard maketh the reaso● hee may bee arraigned and condemned otherwise ad Sectam regis for any thing yet done to the Contrary 27 A●● p. 25. A daughter or sister c. can haue none Appeales of a fathers or brothers death no more can a mother haue Appeale