Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

Westm̄ 2. cap. 1. The Will of the giuer (according to the forme in the Deede of Gift manifestly expressed) shall bee from henceforth obserued. So that they to whō the land was giuen vnder such condition, shall haue no power to alien the land so gi∣uen,

but that it shall remaine to their issue after their death, or shal reuert to the giuer or his heires (if issue faile) neither shall the second husband of any such woman from henceforth haue any thing of the land so giuen, vpon condition after the death of his wife (by the Law of England) nor the issue of the husband and wife shal suc∣ceed in the Inheritance: but immediatly af∣ter the death of the husband & wife (to whō the land was giuen) it shall returne to their issue, or to the giuer or his Heires, as afore∣said.

34. & 35. H. 8. cap. 20. No common re∣couerie of lands in taile, of the gift or other prouision of the King or his Progenitors, (though it be with voucher against tenant in taile, the remainder or reuersion beeing in the king at the time of the recouerie) shal bind the heire in taile, or barre him of his entrie. Tenaunt in taile shall take no aduantage for any recompence in value against the vouchee or his heires.

Hither belong hereditaments giuen in franke marriage; that is to say, freely in marriage with ones Kinswoman.

For the verie word Franke marriage im∣plieth * 1.1 an inheritance to the Donees, & the heires of their two bodies begotten.

But land cannot be giuen in Frank mar∣riage * 1.2 with a man that is Cosen to the Do∣nor,

but alwayes with a woman.

Absolute, is a fee simple to one and his heires whatsoeuer: which discending to fe∣mals (if one of them haue lands of the same Ancestor by frankemariage) she shal haue no more vnlesse she be content to put those lands in Hotchpot; that is, that the value thereof be allowed to the other.

As if x. acres were giuen to her in Franke * 1.3 mariage, and xx. acres more (all of equal va∣lue) descend from the same donor, she put∣ting all together that that value may bee knowne, shall retaine her own x. and haue v. acres more.

But if the lands discend from the father of * 1.4 the Donor, or other Ancestor, and not the Donor himselfe; she shall haue her part in that which discendeth, without putting in Hotchpot: for she is not aduanced by him, but by the other.

No more shall any Hotchpot bee, but in * 1.5 lands giuen in franke mariage. For if a wo∣man haue lands by any other gift, she shal haue her part of that which discendeth, as if no such gift had beene. And the reason of all this is, for that (if she wil not put the * 1.6 land in Hotchpot) the Law intendeth that she holds her selfe sufficiently aduan∣ced. And note, that vpon the Hotchpot, the lands giuen in frank marriage must al∣waies remaine to the Donee.

To this place are to be referred Lands giuen to a Corporation, which goe in per∣petual succession.

And therefore Lands giuen to a Maior a * 1.7 Comminaltie, without saying, And to their successors, is a Fee simple, and though the Grant be for their liues. For those are voyd words.

And a colour in an Action of Trespasse, * 1.8 cannot be giuen in a Corporation by a lease for terme of their liues: for beeing a Bodie politicke (which neuer dieth) they cannot haue such an estate.

Here two speciall estates for life; dower, & Tenancie by the curtesie of England, do arise after ones death that hath an inheri∣tance ioyned with the Freehold.

For they (a) 1.9 may be of a reuersion depen∣ding vpon an estate for yeares, and conse∣quently of the rent, if any be reserued. But (b) 1.10 not where one hath an estate for life, the remainder to another in taile, the remain∣der to his owne right heire: whether it bée a fée simple, or such an estate taile as may goe to the issue had betwéene the Donees; that wife, or that husband (if the Donée be a woman.) As if lands bee giuen to a man * 1.11 and the heires that he shall beget of the bo∣die of his wife; the same wife shall bee in∣dowed, but not a second wife. And of lands giuen to a woman & the heires of her body begottē by the husbād, her husband may be tenant by curtesie, but not a second. So of * 1.12

landss giuen before the Statute of West. 2. to a man, and a woman, and the heires of their two bodies; the second wife shall not be endowed, nor the second husband be Tenant by courtesie, for their issue can∣not inherite. But in both cases the wife * 1.13 of euery issue (inheriting by force of that gift) shall bee endowed, and the husband of euerie such issue may be tenant by cour∣tesie. So of Lands giuen to a man and the heires of his bodie, or to a woman and the heires of her bodie, whatsoeuer wife the husband taketh may be endowed, & what∣soeuer husband the wife taketh may bee Tenant by courtesie.

Dower is an estate whereby the wo∣man * 1.14 hath the thirds in seueraltie, who must bee nine yeares of age at the time of her husbands death. Detaining of deedes * 1.15 concerning inheritance descended to the heire, is a barre of her Dower, so long as she deteineth them: but (b) 1.16 so it is not of lands purchased by the heire.

If the husband at the Church doore, * 1.17 (which is called an endowment, ad ostium Ecclesia, or, being (c) 1.18 heire apparant by the fathers or mothers consent, which is cal∣led an endowment, ex assensu patris or (d) 1.19 matris, &c. for the (e) 1.20 Sonne must make the endowment, and they assent, doe (f) 1.21 presently vpon affiance, not (g) 1.22 before espousals, endow her of any certainty, as

of the whole moity, or lesse part, &c. this shall barre her of the thirds if she agree to it. But so shal not an endowment, ad ostium * 1.23 camera, nor, ex assensu fratris, or consanguinei: * 1.24 Therefore it is at her election after her hus∣bands * 1.25 death to hold her to this endow∣ment, or to take her Dower at the Com∣mon * 1.26 law. And in such endowments the wife may enter after her husbands death, without any bodies assignment, (because the certainty of the land which shee shall haue appeareth) which in dower at the Common law she cannot.

Notes

• * 1.1

  Lit. 4. & 60.
• * 1.2

  H. 8. Br. ••••an. 10.
• * 1.3

  Lit. 59.
• * 1.4

  Lit. 61.
• * 1.5

  Lit. 61.
• * 1.6

  Lit. 59.
• * 1.7

  27. H. 8. 15.
• * 1.8

  21. E. 4. 66
• (a) 1.9

  9. El. C. B.
• (b) 1.10

  40. E. 3. 15.
• * 1.11

  Lit. chap. of dower.
• * 1.12

  4. El. Pl. 239.
• * 1.13

  Lit. chap. of dower.
• * 1.14

  Let. 7.
• * 1.15

  9 F. 4. 47.
• (b) 1.16

  2 H 7 6.
• * 1.17

  Let. chap of dower.
• (c) 1.18

  So he must be. Littlet. 8.
• (d) 1.19

  F. N B. 150.
• (e) 1.20

  8 E. 2 dower. 154.
• (f) 1.21

  Park. 86.
• (g) 1.22

  44. E. 3 43.
• * 1.23

  F. N. B. 150.
• * 1.24

  F. N. B. 150.
• * 1.25

  21 H. 6. 25.
• * 1.26

  Littlet. 8.