A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.

CHAP. V. PARCENERS.

Parceners are of two sorts.

Women and their heires by the Common law. Men by the Custom.

THey may have a Writ of Partiti∣on, and the Sheriff may go to the Lands, and by the oath of 12: men, make Partition between them, and the eldest shall have the Capitall Messuage by the Common Law, and the youngest by the Custome; Where the par∣ties will not shew to the Jewry the certain∣tie, there they shall be discharged in consci∣ence, if they make Partition of so much as is presumed and known by presumptions and likelyhoods.

Parceners may by agreement make parti∣tion by Deed, or by Word, and the eldest first choose, unless their agreement be to the contrary.

Every part at the time of the partition must be of an even yearly value, without in∣cumbrance.

Rent may be reserved for equality or Par∣tition (and may be distrained for) without a Deed.

Parceners by divers discents, before par∣tition, being disseized, shall have one assize.

A Parcener before partition, may charge, or demised her part.

The entrie or Act of one Copartner, or joynt-Tenant shall be the Act of both; when it is for their good.

If a Parcener after Partition be entred, she may enter upon her Sisters part, and hold it with her in Parcenary, and have a new Par∣tition, if she hold none of her part before she was outed, viz. in exchange.