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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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the Statute of 〈◊〉 7. notwithstanding the foure hundred pounds paid by ●●● husbands father for the ●●nd ●rst moued from 〈◊〉 〈◊〉 father and the presermen● of the blo●●●● I. N. 〈◊〉 〈◊〉 intent that the husbands heires should not 〈◊〉 〈◊〉 but the wiues And the Bishop of Ex●●tors case 〈◊〉 that case cited which was that in considera●ion 〈◊〉 〈◊〉 to the woman and seruice done by the man 〈◊〉 〈◊〉 gaue the land to them 〈◊〉 ●●● 〈◊〉 to 〈◊〉 of the Bishop it was ●●●● to be 〈◊〉 that the 〈◊〉 〈◊〉 after her husband●●●●th had no 〈◊〉 within 〈◊〉 said Statute of ●● H. 7. but that she might self it 〈◊〉 ●●nger of the Statut● SECT XXXV What Actions concerning chattells doe surui●e a widdow I H●ld it good wisdome for a widdow and for all persons to haue greatest care of matters of greatest moment and not to contemne the lesser Now that ●●● haue do●e with matters of Francktenement we will see a little in what Actions concerning Chattels rea●● or personall duties a widdow may be Plaintiffe or Defendant to make an end of reckonings begin before or whilst she was a wife I● Feme couert deliuer Déed to I. S. she may haue Action of Detinue for the Déed after her husbands decease for though the deliuerie were voyd betwixt I. S. and the Baron yet it is good betwixt I. S. and the wife if the Baron dye 3. H. 6. 50. If a lease be made to Baron and Feme for yeares and the Baron die the wife shall haue the terme and if the Lessor out her she may haue Action of c●uenant 47. Ed. 3. 12. If a man be bound to Baron and Feme in Statute Merchant the Baron alone may make de 〈◊〉 〈◊〉 e and by some opinion the Au●●●● quert la must bée against ●●● alone but if he doe not release c. the Statute suru●●●th to th● wife and she may sue execution executor ●● my And per Finch the Law is all one of an Obligation and a Statute Likewise in a plea of land if Baron and Feme recouer the land with dammages and the Baron ●●● his wife shall s●e for dammages and not his Executors So likewise by B●lknap If an Obligation be made to Alice the wife of Robert this is a good Obligation and Alice and Robert may ioyne in an action vpon it and if Robert die before he haue released for ●e may 〈◊〉 release it Alice alone shall haue the Action 48. Ed. ● 12. simile 7. H. 6. fo 2. Sée the Commentaries of Sir Coke vpon Littleton fol. 350. It is said that Chattels reals of a mixt nature namely part y in possession and partly in action happening during couerture if the wife haue her husband she shall haue them by the Common Law as if the husband be seised of a rent charge rent seruice or Secke iure vxoris the rent incurreth during couerture if the husband dye the wife shall haue the arrerages and ●● of an Aduowson of the Church during couerture sic de 〈◊〉 And in those cases the husbands shall gain● them by suruiuership but for arrerages or auoydance of the Church before marriage the husband could haue ●● help by suruiuership and so of releases But now by the Stat●te of 32. H. 8. cap. 37. By suruiuership the husband shall haue the arrerages as well incurred before the marriage as after If an Estray happen within the Mannor of the wife if the husband dye before seisure the wife shall haue it f●r that the propertie was not in the wife before seisure But as to personall goods there is a diuersitie 〈◊〉 a propertie and a bare possession for if personall goods be deliuered to a woman or if she finde goods or if goods come to her hands as Executrix to a Bayl●ffe and taketh a● husband this bare possession is not giuen to the husband but the Action of D●t●●ue must be brought against the husband and the wife If Baron and Feme make a lease for yeares and the Baron die the wife may bring an Action of waste 22. H. 6. 24. If an Obligation be made to Baron and Feme and the Baron die the widdow may haue the Obligation 4. H. 6. 5. Quaere for the booke is not so cleare as Brooke makes it the woman was Obligée with her husband 〈◊〉 sued as Executrix Generally where title or cause of Action is giuen 〈◊〉 woman before marriage or during marriage and the husband releaseth not c. the Action suruiueth when ●●● dye But there may be a release in land as well as in fact i●plied as well as expressed And therefore the case is 8 Ed. ● Br. D●●● 156. and cite Plow● 184. in Woodward and Darcy his Case If a man be bound to a woman and to another and the Obligor marry the woman all the obligation is extinct although the wife ouer liue her husband or although shee dyes ●wing the other obligee for either of the obligées hath power to release and that inter marriage is a release And gifts in Law of the chattels of the wife as well reall as personall are outlawry or attainder of the husband If a man marry with a woman executrix and then release to Creditors all manner of Actions generaly this extendeth to his proper accords and to those which his wife hath either in her owne right or as executrix Baron and fe●e ●0 in Brooke Sée Brooke coue●on● 6. Action of couenant was brought against Baron and Feme lessées of a Manor for terme of life rendring 20. ●i per annum and they were bound to the Plaintiffe that hée should haue such surety for his rent as his Councell deuised the Counsellers deuised the Assurance and the Defendants refused to make it it was ruled for Law that if the Baron died nothing should bind his widdow saue onely the lease and reseruation if shee agréed to the lease post mortem viri And shée shall bee charged with payment of the rent or double it or pay fine ●● 〈◊〉 paenae or hold it subie●t to reentry according as the lease was made But a collaterall couenant as that the lessor shall distraine in other lands for his rent or a couenant to charge the lessées persons in twenty pound for non payment c such like agréements binde not the widdow when the Baron is dead and the Writ abilted Note that widdow is a good Addition to bee put to the Defendants name many originall Writ of Action personall appeale or inditement wherein exigent ●eth c. According to the Statute ● Hen. 5. cap. 5. And 14. Edw. 4. fol. ● B●arkey demanded of the Iustices in the 〈◊〉 chamber if an Action were brought against a 〈◊〉 〈◊〉 was neither maid wife nor widdow what addition should be giuen her some say she should be called single woman and there it is doubted whether seruant ●ee a good addition or not for it was no addition by the Common Law as some said Wée are past the