The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

LXXI. Trin. 15 Eliz. In the Common Pleas.

THe Case was; The Husband levied a Fine of his Land, and died, and his Wife within the 5 years after the death of her Husband, brought her Writ of Dower, but did not pursue her Writ, until 6 years were past, and then she would have revived her Suit. And Meade, Serjeant, demanded the Opinion of the Iustices, If the Wife should be barred of her Dower, or not? And by Manwood, Iustice, it was moved again, If they at the Bar did agree, That if a Fine be levied by the Husband, and the Wife doth not make her claim within the 5 years, if for that she shall be barred? And he conceived, That she should not be barred; For he said, That he who hath Title to the Land at the time of the Fine levied, if he doth not sue within 5 years after his Title ac∣crued, should be barred: But where the Title accrues after the Fine, there he who hath Title shall not be barred by the 5 years; but he may come 30 years after, and make his Title and Claim. But in the principal case he said, That if the Fine had been levied after the death of the Husband, there the Wife should be barred, if she did not pursue her Right and Claim within 5 years: And he agreed, That if the 5 years be a Bar here, that then by the Wives suffering of her Writ of Dower to be discontinued till after the 5 years were past, that she should be barred, because vigilan∣tibus & non dormientibus subveniunt Leges. Harper said, That the Discontinuance should be no Bar unto her; For he said, That if a gift be made to one in tail, the Remainder over, and Tenant in tail dieth without Issue, and he in the Remainder brings a For∣medon in the Remainder within 5 years, and discontinueth it, yet it is no Bar, but that after the 5 years ended, he may revive his Suit: Which Manwood denyed: And then Dyer came into the Court, and the Case was moved to him: And he said, That the not prosecuting of the Action by the Wife, should be a Bar unto her: and that the Marriage which was before the Fine, was the cause of Dower, although she could not come to be endowed, un∣til after the death of her Husband: And he said, That the Wife could make no other to have her Dower, but only by bringing of her Writ of Dower; and therefore if she did surcease her time un∣til the 5 years were past, that her new claim by her new Writ, would not revive the Ancient Claim, and that therefore she should be barred; For she could not enter into the Land to defeat the Fine: And he said, That as to the principal Case, That it was adjudged, Anno 4 H. 8. And it was also said by the Court, That an Assignment of Dower made to the Wife in the Court of Wards, was no sufficient claim of the Wife; because she cannot have a Writ of Dower there; and there by this surceasing of her demand of her Dower for the 5 years at the Common Law, that she should be barred.