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.

Magn. Chart. cap. 7. The wife, after the death of her husband, shall abide in his chiefe messuage forty daies, within which time, her dower shall bee assigned her If the chiefe messuage be a Castle, then she shall haue a competent house prouided her till her dower be assigned.

Westm. 2. cap. 34. A woman that lea∣ueth her husband, and abideth with an A∣dulterer, shall not haue dower, vnlesse the husband (voluntarily, and without coerti∣on of the Church) reconcile himselfe, and suffer her to inhabite with him.

11. H. 7. cap. 20 If a woman that hath an estate in dower for life, or in taile ioynt∣ly with her husband, or onely to her selfe,

or to her vse in any lands, &c. of the inhe∣ritance or purchase of her husband, or gi∣uen to the husband & wife by the husbāds ancestors, or any seised to the vse of the hus∣band or his ancestors, do sole (or with an af∣ter taken husband) discontinue or suffer a recouerie by couin, it shall be void. And he to whom the land ought to belong after the death of the said woman may enter (as the woman had beene dead) without any discontinuance or recouerie: Prouided, that shee may enter after the husbands death. But if the woman were sole, the recouerie or discontinuance barreth her for euer

This act extends not to any recouerie or discontinuance with the heire next inheri∣table to the woman, or by his consent of Record inrolled.

27. H. 8. cap. 20. Where an estate is made in possession or vse to husband and wife, and his heirs, or the heirs of their two bo∣dies, or to them for their liues, or for the wiues life for her Iointure, shee shall not haue any dower: vpon a lawfull euiction of that Iointure, she shall be indowed ac∣cording to the rate of land of her husbāds, whereof she was dowable.

Such a joynture being made after mar∣riage, the wife (after her husbands death) may refuse it, and betake her to her dower, vnlesse the Iointure be made by Act of par∣liament.

Tenancie by the curtesie of England is

•••• estate, whereby of an actuall possession, the husband that had issue by her borne * 1.1 aliue (whether the issue be male or female, heard, or seene, and whether it afterwards die or liue, or if (a) 1.2 the issue be borne aliue, it is sufficient, though it bee not heard to crie (in as much as he may be borne dumbe) shall haue the whole.

But no tenancie by curtesie shall be of a * 1.3 possession in Law. As where lands discend to the wife, and she dieth before the entry by her, or her husbād, or any for them. Nor of a thing in suspence: As where tenant in fee of the Land, marrieth a woman that is seised of the seigniorie in fee; the husband can neuer be tenant by the curtesie of the Seigniorie: for by the intermarriage it is suspended. And it is called tenancie by the * 1.4 courtesie of England, because no other Realme vseth it.

Notes

• * 1.1

  Lit. 7.
• (a) 1.2

  28. H. 8. Dyer 25. Fitz.
• * 1.3

  Park. 90. & 89.
• * 1.4

  Litt. 7.