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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

be declared with what immunity a woman shall hold her Dower First Bracton saith Si peculia ma●iti sufficiant ad solutionem tenentur sed vxori dos sua deonerabitur Et heres defendere dotem warrantizare eam mulieri debet pro ea sequi comitatus hundreda curia dominorum vt viduatae domui suae intendat nutritioni suorum si qui fuerint puerorum If the husbands goods bee not sufficient for payment of his debts the heire must discharge Dower of the burden c. for he is the widd●wes warrant of her Dower and ought to follow for her County Court Court léet and hundred c. That shée may sée to her house and nurture of her children Fitzherbert in his Writ of Admeasurement first affirmes that a woman shall not be distreined in her Dower in her Inheritance or in the ioynt purchased lands to her or her husband for her husbands debts The Writ which he sets downe for remedy saith almost as much R●x Vicicounti c. cum secundum legem consuetudinem regni angliae mulieres in terris tenementis quae ten●nt in dotem de dono virorum vel quae sunt de ipsarum haereditate vel quae sibi quesiuerint pro debitis virorum distringi non debent c. And in some Writs is this Clause Dum tamen haeredes vel Executores testamenti ipsius c. ad debi●a illa reddenda nobis sufficiant But it séemes reasonable saith Fitzherbert that a woman shall not hee distreined in her Inheritance for the Kings debts neither in her Dower or Ioynt purchased lands which her husband if her title commenced before her husband became debtor and there is a Writ in the register importing no lesse yea hee affoord● it to be good reason that lands purchased by Baron and Feme after the Baron is entred in debt to the King should be discharged in the widdowes hands But let widdowes agrée with the King as well as they can the heire is lyable to the debts of his Ancestor before the widdow The heire likewise dischargeth her of suit and seruice and is so farre forth her warrant that by Britton if shee be impleaded and vouch any other to warranty she forfeiteth her Dower pur sa malice and though her husbands feofee be not called her warrant yet if she be indowed by him shee must hold of him And regularly Tenant in Dower must be Attendant to her husbands heire or to the heires Gardian or to the Gardenis Executor or to him in the reuercion according to the rate of rent whereby they hold ouer if Tenent by fealty and xij d. rent bée disseised and dye his wife being indowed by the disseisor shall be an attendant to the same dissessor of iiij d. annuall And now if the heire will bring a Writ of entry in to quibus against the woman thus indowed shee may shew her speciall matter and that shée is ready to attend to whom the Court will award which shall award that she retaine her Dower still and bee attendant to the heire quaere saith Parkins if the heire haue any other remedy for hee cannot enter vpon the Tenant in Dower D.st 82. a. saith That a Feme tenant in Dower leaueth the reuersion in him against whom shee demands her Dower although he be a disseisor and doth not reduce the reuersion by her recouery to him which hath right as other Tenants for life doe And as it is said in Sir Edward Cokes 8. Rep. 35. in Paynes ca. if she recouer against Tenant for life shee leaueth the reuersion in him But by nat br fol. 265. a. if the King assigne Dower in Chancery as Gardian the reuersion reposeth in the heire for which he shall sue liuery If after iudgement the heire grant his reuersion and the woman atturne she shall be Attendant to the grantée If Lord Meane Tenant be the Tenant holding by iij. d. rent and the Meane by 20. d. If the Tenant marry and the Meane release to him all his right in the tenancy the Tenant dieth the wife must bee endowed according to her husbands best possessions and therefore shall bee Attendant to the heire by a penny and not the third part of twenty pence If hee which holdeth by fealty and xij d. hauing a wife sell the tenancie to his Lord and the estate is executed the Tenants wife shall be indowed sans attendancie for the Seignory extinct is not reuiuable If Lord Measne and Tenant be the Tenant holdeth by xij d. which dieth his wife is endowed shee shall bee attendant to the heire by iiij d. now if the Lord release all his right in the tenancy to the heire the meanalty is extinct and the attendance gone for it was but in respect of the charge which the heire was at to his next Lord. But where there is Lord and Tenant by fealty and xij d. rent if the Tenant make a gift in tayle of the land to hold of him and his heires by xx s. rent c. if the donée dye without issue his wife endowed shall be attendant to the donor by v. s. and viij d. although the Lord release to the donor for his attendance is not in respect of the charge ouer but by a speciall reseruation If there be Seignor Meane and Tenant by fealty and iij. s. rent the Meanes wife after he be foreiudged in a Writ of meane and dead shall be endowed without attendance If Tenant by fealty and xij d. make a gift in taile of the land re●●●●ing ●ij d. rent c. and the do●ce hauing a wife and issue by her ●iscontinueth in fee and dieth now though the wife recouer Dower and haue execution of it against the discontinues yet she shall not be attendant to him for h●s is not chargeable as the Baron was because the Dowers ●uowry resteth of ●ere●●●●● vpon the issue to whom for all that the widdow shall not bee attend●●t till hee haue recontinued the 〈◊〉 resayle quaere tamen saith Perkins If the Tenant whilst hee It●●● held of his Lord by fealty and a 〈◊〉 of forty shillings price the Tenants widdow when shée is endowed shall bee attendant by xii● ● iiij ●c 〈◊〉 she tenure were by fealty and a nag without expresse value shée shall bée Attendant by a nag euery third yéere Perkins fo 84. ●● SECT XXIII Of the cui in vita I Have béene long in Dower and I feare mee some women had rather neuer be endowed that is they had rather die with their husbands or soone after them than bée bound to learne this Catechisme yet I must come to it once againe But first let vssée how lands whereunto a woman may haue right by ancient indowment or by discent or gift in franckmarriage or by some other acquisition before or during Couerture in fee fée tayle for life or for yéeres may bee reduced if the husband haue aliened them for it the possession continued alwayes in the

45. Edw. 3. is contra But severall tenancy or non-tenure is no plea in a Nuper obiit for the priuity of blood But a sister may claime by purchase and disclaime in the blood and this is a good plea. If one coparcener die leauing issue a sonne which sonne infeoffeth a woman in all the land c. then marrieth her now cannot the other percener haue a Nuper obiit against the baron feme But she may haue a mordancestor in her owne name and in the name of the seisure which the father had the day of his death for that amounteth to a dying seised see Novel nat br 197. c. SECT XVII Of the writ of right de rationabili parte THere is also another Writ called a writ de recto de rationabili parte that neuer lieth but betwixt priuies in bléed as betwixt brothers in gavell kinde or betwixt sisters nephewes nieces c. It is also for lands in fée simple as where the ancestor leaseth land for tearme of life and dieth having two daughters and after the death of tenant for life one of the daughters entreth into the whole inheritance and deforceth her sister the deforced may haue this Writ it is maintenable by two or thrée sisters against the fourth or by an aunt or niece against a sister that deforceth and this writ lieth as wel where the ancestor dyed seised as where he died not seised It is in nature a writ of droit patent must be directed to the Lord of whom the land is holden from before whō it is remoueable by a Tolt as the Haught writ is where the ancestor dieth seised and one coheire deforceth another whether it be in gauell kinde or amongst partners at the common law the deforced hath election of this writ or of the nuper obiit But when he died not seised and a coparcener afterward deforceth the Nuper obiit lieth not The forme of this writ is Precipimu● to the Lord ut sine dilatione plenum rectum teneas A. de decem acris cum pertinentii● quas clamat esse rationabilem partē de libero tenemento quod fuit I. patris vel c. tenere per liberum servititum tertiae partis c. for it must be séene what rent and seruice the whole land yéeldeth to the Lord according there to shall the plaintiffe be rated in his or her writ If after the death of their ancestor two coparceners enter and the one doe then deforce the other of something appendant or appertenent to that which is holden in coparcenery she may haue a writ de rationabili par●e of this appendant or appertenent which shall say quod clamat tenere ad liberum tenementum If a man dying seised of lands intailed haue two daughters whereof the one entereth and deforceth the other the remedy is by formedon and neither by Nuper obiit or Rationabili parte If a sister aunt niece or cousin claime from her ancestor by feofment in fée one which should haue bin coparcener had the feofment not bin deforceth her she may haue a writ of Droit patent and joine the mise by battaile or graund assise come semble saith Fitzherbert because shée claimeth not as heire But where there is no impediment intaile feoffement or such thing all the partners deforced bring a rationabili parte against all the copartners terre-tenants for so it must bée and the heire of an heire may sue for part of the seisin of the cōmon ancestor there battail or grand assise voucher or view lie not neither is nōtenure any plea for the writ lieth only betwéen privies in blood finally the demand in this writ must bée of a portion certaine as of x. acres if xx discend to two sisters and the demandant if she recouer shall haue iudgement of so many to hold in seueralty SECT XVIII Of Partition NOw of Partition it may be made in diuers maners as first for example by agréement amongst two copartners or more which accord to diuide the inheritance into certaine parts of equall valew to bee holden in severalty and alwaies the part which the elder hath is called Ini ia pars though in this kinde of partition there bee no prerogatiue of primer election giuen to the eldest Another manner of partition is where they cause certaine friends to make the parts or diuision here the eldest shall first chuse then the next eldest and so succéedingly If by their whole agréement the eldest make the diuision it is said saith M. Littleton that she shall last make election which is as much to say say I as she shall haue none election at all Littleton hath another maner of alotment wherein after partition made of the lands euery part being written in a seroule and lapped vp in a bale of wax is put into a bonnet which must be holden by some indifferent body and then as wee use to choose Valintines euery partner pulleth out a part the first borne first the rest after her in degrée of ancientry and euery one shal hold her to her chance Also partition may be made in Chancery as when one copartner of full age and another remaineth in ward to the King c. in such case if she which resteth in ward at full age haue not her full part she may sue a writ of partition or Scire facias vpon the record returnable in Chancery to shew why a new partition shall not be made and partition may be of a reversion or of an aduowson Of a reuersion thus that A. shall haue reuersion of such such lands B. the reuersion of such other lāds of an aduowson that A. shall haue euery 2. 3. or 4. auoidance c. this is good without deed where partition is made of a mannor without mention of the aduowson it remaineth in common sée that case of aduowson and partition of aduowson 2. Hen. 7. 5. a. Partition by agréement of parceners is good in law aswell by paroll as by writing and if vnto two copartners there doe descend two houses whereof the one is worth xx s. and the other x. s. annually the best house may bee allotted to one copartner and she and her heires to pay to the other and her heires for owelty or equalities sake v. s. rent issuing out of her house and all this is good without writing so that the partner that shall haue this rent and her heires may distraine for the same when it shal be arere of common right in whose hands soeuer the house charged shall come and this shall be a rent charge of Common right had and receiued for equality of partition Fitzherb fol. 252. Plow 134. Partition of lands that one partner and her heires shall haue and hold them from Easter to the gule of August alone and by her selfe and the other and her heyres from August till Easter in the like manner was awarded a good partition in the time of Ed. 2.

ordinance hath cum de communi consilio prouiso c. reciting the Statute This Statute reacheth not to the King at whose Court all the copartners shall giue their seuerall attendance suite and seruice And if any of the lands partable be holden in Capite euery Coheyre shall and must haue a part of that in her alotment for the Kings profit The statute of Ireland which is a receipt of H●n 3 14 of his reigne to Gerrard Fi●zmorrice Iustice sheweth that by those dayes the first borne partner did alwayes homage for her selfe and her fellowes to euery common Lord of the fée who tooke all his seruice per man●s primogeni●ae which primogenita had in recompence saith the Statute no homage ward-ship or subiection of Copartners nor any thing but the Capitall Messuage ratione eineciae Glanuil which writ before the Statute saith that homage and all other seruices were done to the chiefe Lord by the hand of the eldest parcener for all the rest without guerdon from them or their heyres in the first or second degrée But by him their heyres in the third degrée were bound to doe homage and pay reliefe to the heyres of the eldest daughter c. Because forsooth as Bracton maketh the reason issue being had and continued to the third and fourth degrée the heyre of the eldest might now take homage without feare of being excluded from inheriting that which was altogether vnlike to descend vnto them But by Bracton the youngest Sister should presently doe fealtie to the eldest and by Britton who wrote after Marlbridge the matter rested méerely in the Lords election for thus saith he Election le Seignior aprendre tiels seruices per vn mayne ou per les mains de toutes les parceners Car autrement per droit les gardes marriages des auters parceners pur les parols in le briefe de gard o● le plaintiffe dit que launcester l'infant soit son tenant lui fist seruice de chiualer eac 68. fo 175. Now séeing that Glanuile the Statute of Ireland Bract. Britton and al do agrée that euery Lord might take his seruices by the hands of the eldest partner the reason whereof was a desire which the Law had to conserue Seignories in their intierties that Lords should not take or diuide them into mynnomes and Crotchets what was it that caused the making of this ninth Chapter of Marlebridge It should séeme that Lords in those dayes played vpon the aduantage And though they were scrupulous in taking of homage by which they were shut from succession and yet willing enough to take intirely all other emoluments incident or annext to the tenure from one paire of hands yet suite of Court which is burdenous or inconuenient to none but to the tenants they would be and were content to dissipate and it should séeme also that in puisne Sisters and Coheyres though they were easily intreated that the eldest should do all suit and seruice yet they could be well content to giue them nothing for their paines and therefore a Statute was needfull for other things I will not accuse old writers of error they erred not perhaps if they take it as it was taken by Lawyers then though that taking staggered from Lawes conformitie This I say to me the statute of Ireland is sufficient to proue that the eldest Sister shall haue no gard marriage or subiection of the yongest and neither homage nor fealty by Littl. can be taken otherwise then a seruice incident to a tenure for which it is lawfull to distraine As therefore when a Mannor descendeth to two partners each one may haue parcell of the demesne and parcell of the seruices and so of one there may step vp two Mannors And if the diuision be that one shall haue the demesnes and another the seruices the suite is now in a very haut suspention and the Mannor for a time broken in pieces but it shal be a Mannor againe if she which had the seruices die without Issue per Thiru 12. H. 4. fo 34. 35 So I doubt not but when a tenement holden by seruice military descendeth vnto two coparceners and division is euenly made each of them may pay rents and do seruice for her part to the Lord who may take fealty and homage of either of them if he will And may be compellable to take homage of one of them at the least which for the warrantie shall be auailable to both SECT XXV What seruice belongeth only to the eldest parcener to doe THere is some thing besides suite of Court that shall lie only vpon the part which by an Alcumized tearme we call einitia Fitzherbert titulo partition 18. hath this note If the Earledome of Chester descend vnto two parceners it shall be diuided betwixt them As other lands vse to be and the eldest shall not haue the Seigniory or Earledome whole to her selfe quod nota adiudged percotam curiam 23. H. 3. But this notwithstanding if law should haue the course which she had in her state of innocencie I thinke the capitall Messuage of a Knights fee and the head of an Earldome or Baronie in partition ought euer to goe to the eldest And if because there is not else perhaps wherewith to make purparte to the youngest coheyre or not any other thing holden in Capite to be distributed for the Kings aduantage and so for necessity quae nullis vinculis legum contine●ur the head of a Barony be diuided yet the indiuisible seruice by which it is holden is scutage and grand-serjeantie I meane the very actuall seruice falleth by right vpon the eldest parcener Et vbi est commodum ibi debet esse onus and so vbi est onus debet esse commodum whether the case following proue mine assertion or no I will set it downe out of my Lord Dyer and then prepare me to speake of another partnership Humfrey Bohune sometime Earle of Hereford and Essex held the Mannors of Harefield Newman and Whitenhurst by seruice of Constableship of England which is grandserjantie and dyed seised hauing issue onely two daughters they entred tooke husbands and the husband of the youngest became King then partition was made in which the King and his wife did choose Whitenhurst and Harefield and Newman fell to the other partner By the opinion of all the Iustices of England the reseruation of the tenure at the first was good the two daughters before marriage erercise this office by sufficient deputie and after marriage the husband of the eldest might execute alone And per omnes iusticiarios as when there are two daughters and the Father dyeth seised of lands holden of one of them the whole seruice if it be entire as homage is reviued after partition so here vnitie of parcell of the tenansie in the King did not determine the office but it continued in the other parcener so that the King might exact the seruice or refuse it at his pleasure as euery Lord may

per ma●●●iam proue also that answer is allowed to that which is found by the enquest And note that it is a good answer for the Abbettor to shew matter wherefore the Defendant ought not to haue dammages or to shew that hee was acquited not lawfully bu● erroniously But the Abbettors shall not take exception against the Inquisition for that it is not found at what day yeere or place they abetted for the Abe●nent simply found satisfieth the Statute which willeth v● inquiratur per quorum abe●●um And when that it is once found the Defendant may supply that which wanteth adding to the inquisition the yéere day and pla●● ●i●ulo Corone in Fitzherbert 45. 22. E. 4. By the words per br●ue de iudicto ad sectam appellati distringantur all veni●ndum coram Iusticiariis c. And the processe should séeme to bee distresse infinite But Titulo Corone 102. the Court awarded first a Venire facias then Dis●resse which course hath little authoritie for it for all the other Bookes giue a D●string as for the first Processe which is alwayes sued out by him which is acquited And for his better spéed he may pursue this if he will though the Appellant bée not in Court. As if the Appellant bée at non suit and the Defendant arraigned at the Kings suit is acquited his dammages taxed and his Abbettors found now he may haue Processe against the Abettors maintenant though the Iudgement of dammages bée suspended till Scire facias ●e sued and returned against the Appellant and note if the Defendant which is acquited in an Appeale be non suit in his Processe against the Abettors this is not peremptorie but he may commence processe againe of new if he will Corone 386. And 3. E. 2. titulo Action sur le Statute 28. An originall Writ brought for Abetment and Declaration against the Abettors for greater dammages than were assessed in the Appeale is awarded good For of dammages taxed in Appeale there lyeth no attaint because the Enquest as to the dammages is but of office and the Defendant cannot compell the Iustices to encrease dammages therefore it is reason that he aid himselfe by Action So saith Stamford SECT XVIII Of the old Law I Haue waded further into this vindicatiue Action than I thought to haue done and yet not touched what the Princes warrant of a mans life may auaile him against the instant appeale of a widdow I know one or two that are thought to be buckled against Appellants by a lease of their owne liues from the King but how tr●● it is or how contording with Law I know not Howsoeuer it be I aduise a widdow that is full of spléene for the slaughter of her husband to read ouer mine instructions here to a●●a● choller and then if composition be offered not to refuse it For first I doe you to wéet that appeales d● mor● are but slipperie Actions Be iudged by the case 33. H. ● Dyer ●ol 50 Warnforo of the Temple was sued in an appeale of murder the Writ was Ad respondendum A. B. alias dict A. B. fra●●● haetedi to him that was murdered and the Defendant was discharged because the Plaintiffe was not named brother and heire in the substance of the Writ but onely in the Alias dict● for it ought to haue b●●ne Ad respondendum A. B fratri ●●●● redi alias d●ct● c. This was the chiefe cause why the Defendant was discharged Then I say it is a more Christian thing to take fiue hundred po●nds of a mankiller for a release leauing him to agree with the King for his necke as good cheape as he can than to séeke bloud and death though of one which hath deserued it in anger malice and reuengefulnesse Last of all I affirme that it agréeth with the eldest custome and ancientest English Lawes For that which learned M. Lamberd in one place speaketh but as coniecturall is me thinketh true without all peraduenture Id ●st that this forme of procéeding against an homicide giuen to the dead mans heire or widdow is a ●euengefull Action first giuen to appease such quarrels and capitall enmities of families and kindreds as the Northerne men yet vse and call F●awds which heretofore but a long time since were generall and ouerspread the Realme So that an Appeale du mort is but an image of deadly Feawd The inducements to thinke so are these The action of Appeale is preferred before the Kings action the offer of triall by the Appellant by Bracton is per corpus c. si de eo male contigerit per corpus fratris c. And the ancient vse was when the Appellée condemned went to execution that all they which were of bloud to him that was murdred should draw the man-flayer to the gallowes by a long rope or cord to shew loue to their kinsman and desire of reuenge per Bromley in Plowdens Commentarie 306. And 11. H. 4. fol. 12. When T●rwit had affirmed that by the ancient Law in Appeales de mott the dead man kindred and his wife should draw the Felon to execution Gas●olgne added Hoc ●uit in diebus nostris By these dayes Appeales de mort shewed by their outward face and phisnomie from whence they sprung But by the old Lawes of King Inas King Edmun● and the rest yee shall plainly perceiue that Feawd was their mother and that money was the quencher of the quarrell verie often if not alwayes See therefore in M. Lamberds Booke Depriscis legibus the Law 7● of Inas If a bond man kill an Englishman his Lord shall deliuer him into the hands of the Lord or kinsman of him which is slaine or redéeme him at sixtie shillings If the Lord will not pay the money he shall at the least emancipate his bondman and the kinsman of the murderer so emancipate may vndertake for him to pay the price of him which is dead If hée haue no kinsman that will doe so much for him Metuat sibi malum ab aduersar●is Let him be at the hazard of his enemies And I haue read an old Law which I cannot finde againe Parentibus occisi fiat emendatio vel guerra eorum portetur But in the same booke De priscis Legibus yée may finde that King Edmund which reigned an hundred yeares and more before the Conquest by the aduice of Odo of Canterburie and the Archbishop Wolstan of Yorke with many other of the Clergie and Laytie made Lawes amongst which one hath this Preface Etenim nos omnes harum taedet pugnarum quotidianarum and therefore we ordaine as followeth SECT XIX King Edmunds Law IF any man hereafter doe kill another man hée alone shall take vpon him and sustaine the deadly enmitie of the dead mans kindred vnlesse he can by the helpe of his friends pay the whole price and estimation of his head whom he hath killed what condition soeuer he were of and that within the space of twelue moneths If his