Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

Tenant in dower.

THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband, within which daies her Dower shall be as∣signed unto her, unlesse before it were assigned, and there shall be also assigned unto her, the third part of all the Land of her Husband which was his in his life time, Magna Charta chap. 7.

Of Widowes which cannot have their Dowers without Suit, that is, that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised, and afterwards the same Widowes by Suit recover them, they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie, due unto them from the time of the death of their Hus∣bands, Merton chap. 1.

If a Woman of her own accord leave her Husband and departeth, and liveth with an Adulterer, she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements, and be of that con∣victed, unlesse her Husband of his own accord, and with∣out cohersion of the Church shall receive her, and suffer her to dwell with him, West. 2. chap. 34.

If the Hnsband be attaint, convict, or out-Lawed of Fe∣lony, yet his Wife shall be indowed, but if the Husband be attaint of Treason, his Wife shall not be indowed, by 1 Ed. 6. chap: 12: 5 Ed. 6. chap. 11.

Where a woman shall beindowed, and where not

WHere the Husband Tenant of the King dies, and his Wife is committed to the King, during that time she shall not have Dower, if she be not surprised of Dower, 2 H. 4. f. 7. & 6 H. 4. f. 7.

It seems if a woman takes a lease by Indenture for years, that during this lease she is not Dowable; but if she take the Lessor to Husband, and after he dies, she is Dowable notwithstanding the lease, 6 H. 4. fol. 7. Fitzh. 149. E. the same.

Dower shall not be, where the Husband dies having the reversion of a Free-hold, that is of a reversion of an E∣state for life, as a man lets for life, and afterwards takes a Wife and dies, 2 H. 4. f. 27. 1 Ed. 6. tit. Dower 89. 7 H. 6. f. 9. by June.

Fitzh. 149. C. A woman may be endowed of a mine of Coals, but she cannot make new mines, for that shall be said wast.

Where the Estate is made to the Husband for life, the remainder to another for life, the remainder to the Hus∣band in fee, the Husband dies, his Wife shall not have Dower, unless that the Husband survive him in remainder for life, 46 Ed. 3. f. 16. B. by Finchden.

If a lease be made of lands for years to A. the remainder to B. for life, the remainder to the right heirs of B. and af∣ter B. takes a wife and dies, during the term of years, his Wife shall recover Dower: But execution shall cease, du∣ring the term of years, Perkins fol. 67. A. 1 Ed. 6. tit. 89.

VVhere a woman is endowed of land which her Hus∣band took in Exchange, she shall not be endowed of the land given in Exchange, 31 Ed. 2. tit. Dower 204. & 17 Ed. 2. tit. Dower 162. the same.

VVhere the Husband holds joyntly with one, and no partition made, his wife shall not be endowed, 8 Ed. 2. tit. 167. Littleton f. 9. the same.

VVhere the Husband enters in Religion, the heir shall inherit, and yet his wife shall not be endowed; for the wife may have him again out of Religion, 32 Ed. 1. tit. 136. Perkins f. 91. D. the same.

If the Husband be Tenant in common with two others in Fee, and dies, now his wife shall be endowed, but not by metes and bounds, Eitzberbert fol. 149. I: Littleton fol. 9. the same.

If a villain takes a wife, and purchaseth land, and after the Lord enters, and then the villain dies, the wife shall be endowed, 19 Ed. 2. f. 71.

A woman of eight years three quarters, at the death of her husband shall have no Dower, Littl. 8. 12 Ed. 2. tit. 159. the same.

A woman of the age of ten years at the death of her Husband shall be endowed, 12 R. 2. tit. 54. & 8 R. 2. tit. 122. the same.

VVhere the Husband hath an Office eo keep a Park, to him and to his heirs, his wife shall be endowed of that, Pl. Com. f. 379.

If the Lord enter for Mortmayn, yet the wife of the Tenant shall have Dower, Perk. f. 76. A. The same Law, if the Lord recover against the Husband in Cessavit. the Wife of the Tenant shall be endowed, 34 book of Assise 15. where the Husband dies without heir, and the land es∣cheats, the wife shall be endowed.

Tenant by the Curtesie surrenders to the Husband in reversion, upon condition, and enters for the condition, the wife of him in reversion shall not be endowed, 14. Ed: 4. f. 6.

VVhere a man enfeoffs one upon condition, to re-enfe∣off the feoffer again, it behoveth that be made to a man un∣married, or to a Chaplain that hath no wife; for if it be to a man which hath a wife, she shall be endowed, 38. H. 8. tit. Assurance 3.28 Book of Ass. 4. the same.

Lands is mortgaged to the Husband, and after the con∣dition broken, the Husband by agreement takes his mo∣ney and dies, his wife shall be endowed, 42 Ed. 3. fol. 1.

A woman hath title of Dower, and enters upon the heir, and enfeoffs him by Deed, she hath given him her title of Dower included, and is not now Dowable of that land, 11 H. 7. f. 20.

The husband Tenant in general tail, makes a feoffment, and takes back a special tail, and his first wife dies, and he takes another wife and he dies, and his issue enters, this second wife shall not be endowed, for the heir was remit∣ted, 41 Ed. 3. f. 30. & 46 Ed. 3. f. 24. the same.

VVhere land is given to the husband, and his wife in special tail, the remainder to another in tail, the remain∣der to the right heirs of the husband, and the wife dies, and the husband takes another wife, and dies living him in remainder, the second wife shall not be endowed of that land, 46 Ed. 3. f. 16.

Land is given to the husband and K. his wife in speci∣al tail, the remainder to the husband in general tail, and K. dies without issue, and the husband takes another wife and dies, this second wife shall be endowed, 50 Ed. 3. fol. 4.

Where the husband and his wife have special tail, the

second wise shall not be thereof endowed, 22 Ed. 3. fol. 9. B. Littleton 11. the same.

Where land is given to the husband and his heirs which he begets of the body of Margaret his wife, which was dead at the time, and he takes Eliz. and dies, this second wife shall not be endowed, 12 H. 4. f. 2.

If a woman go away with an Adulterer, into some land of her husbands, and be not reconciled, yet she shall not lose Dower: otherwise it is if she were out of the lands of her husband, 8 R. 2. tit. 253.

If a woman go away and dwell with an Adulterer, she shall not have Dower: But if she were carried away, a∣gainst her will, and was carried 20 miles, and returns, and her husband dies, she shall have Dower, 43. Ed. 3. fol. 19.

47. Ed. 3. fol. 13. VVhere a recovery is by default, or a reddition against the husband without title, the wife shall have Dower.

46 Ed. 3. fol. 23. VVhere a recovery is against the husband, the wife is barred of Dower: But if the reco∣very were by default, it is remedied by the Statute, and where by render, is aided by the Common-Law, and o∣ther recovery is not remedied.

Against whom Dower may be brought, and what Assignement is good, and what not.

WHere a Guardian in Socage endowes a Wife, it seemes it is disseisin, for a Writ of Dower doth not lye against a Guardian in Socage, but against a Guar∣dian by Knights service it lyeth, 29 Book of Ass. 68.

Assignement of Dower by the Disseisor is good, if it be not by Covin of the wife: The same Law is by Abator, or Intruder, Perk. fol. 76.

Assignement of Dower by the Tenant of the Free∣hold, is good, and ought to be by him 12 Ed. 3. tit. 86. Perkins 78. the same.

Guardian in Socage cannot assigne Dower, but Guar∣dian by Knight service may, 3 Ed. 3. tit. 108. Perkins, fol. 78 G.

It appeares that Guardian by Knights service may as∣signe Dower, Fitzh. fol. 148 A.

Where the Husband was seised of diverse Tenements and Manners, and the Sheriff assignes the VVife, which recovers one Mannor, and a whole Advowson, it is good, for it is an infinite work to assigne part of every Acre, 12 E. 4. fol. 2.

If the Husband hath three Mannors, and during the marriage charges them with a Rent and dyes, if the wife take the third part of every Mannor, she shall hold it dis∣charged, but if she take one Manner onely, she shall hold two parts charged, 17 Ed. 2 tit. 164.

It seemes it is good barr in Assignement, that her Hus∣band before the marriage granted by Deed to her a Rent in the name of Dower, to which she agreed after his death, 20 Ed. 4 fol. 3 in Dower, but inquire.

Rent assigned out of Land of which she is dowable with∣out Deed, is good, but out of other Land, it is not, 33 H. 6. fol. 2 B.

Assignement of Rent out of the same Land, of which she is Dowable, is good barr in Dower, if shee agree, 7 H. 6 fol. 36. Perkins fol. 76 D. the same.

If a woman recover in a VVrit of Dower, shee cannot enter without Assignement, but in other Precipe, if one recover, he may enter, but here it shall be assigned to her by the Sheriff, by metes and bounds, 40 E. 3. fol. 22.

Where the Woman recovers damage, and where the Tenant may say, he is yet ready to excuse him of damages, if it be in Copy-hold, and otherwise.

A VVoman shall recover damages where the Husband dyed seised, if the Tenant do not come in the first day ready to render Dower, Nat: Bre: fol. 7.

If the Tenant come at the first day, and saith, that he was alwaies ready, the Plaintiffe may averr, that she hath demanded Dower, and she cannot have it, 2 H. 4. fol. 8. and this found, she shall recover damages.

At the Summons returned, the Tenant comes, and saith that he was alwaies ready to render Dower, and yet is, for the Plaintiff to say that he was not ready alwaies, is no Plea, but by Thirne she ought to shew that her Husband died seised, and she demanded in the Country, and you refused, but by Hank, the bringing of the Writ is a demand

in Law, but he agreed, that she ought to aver, the dying seised of her Husband, if she will recover dammages, 6 H. 4. f. 5.

Dower, the Tenant saith that he was alwaies ready and yet is, and the Demandant avers that her Husband died seised, and saith that he was not ready, and for that this is no Issue, but she shall say that she demanded, inquest of Office was awarded, which findes he died seised, and the Wife shall recover dammages from the time of his death, but where the Tenant was ready, though that the Hus∣band died seised, the wife shall not recover dammages, 11 H. 4. f. 39. & 6 H. 4. f. 5.

Dower, the Tenant saith that he hath been alwaies rea∣dy to render Dower, and yet is, the Plaintiff saith that her Husband died seised. And she required the Defendant at D. and he refused, and the Issue shall not be, that he did not refuse generally, but he offered, and she refused, with∣out that that he refused, 13 Ed. 4. f. 7.

Dower, the Tenant acknowledgeth the action, and the Demandant to have dammages surmiseth, that her Hus∣band died seised, and hath a Writ to inquire of dammages, and held that if the Tenant come at the first day, and will aver that he was ready, and yet is, if the demandant can∣not aver the contrary, the Demandant shall not recover dammages, 14 H. 8. f. 28.

If the Tenant be effoyned, yet he may say yet ready, for the Essoyne may be put in by a stranger, 7 H. 7. f. 7. & f. the last. the same, 2 Ed. 4. f. 20, and 14 H. 6. fol. 4. The same.

Dower after imparlance, the Tenant cannot say that he was alwaies ready, and yet is, 5 Ed. 4. f. 141.