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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A21071	The lavves resolutions of womens rights: or, The lavves prouision for woemen A methodicall collection of such statutes and customes, with the cases, opinions, arguments and points of learning in the lavv, as doe properly concerne women. Together with a compendious table, whereby the chiefe matters in this booke contained, may be the more readily found.	Edgar, Thomas, lawyer.; Doddridge, John, Sir, 1555-1628.; I. L.	1632 (1632)	STC 7437; ESTC S100217	253,135	400

multiply and replenish the Earth take the joynt soveraigntie over the Fishes of the Sea the Foules of the Ayre and over all Beasts moving upon the Earth Genesis 1. In the second Chapter Moses declareth and expresseth the Creation of Women which word in good sense signifieth not the woe of Man as some affirme but with Man For so in our hasty pronouncing wée turne the preposition with to woe or wée oftentimes and so shée was ordained to bée with man as a helpe a companion because God saw it was not good that Man should bée alone Then when God brought Woman to Man to bée named by him hée found straight way that shée was bone of his bones flesh of his flesh giving her a name testifying shée was taken out of Man and he pronounced that for her sake man should leave Father and Mother and adhere to his Wife which should be with him one Now Man and Woman are one NOw because Adam hath so pronounced that man and wife shall be but one flesh and our Law is that if a feofment bée made joyntly to Iohn at Stile and to Thom. Noke and his wife of thrée acres of land that Tho and his wife get no more but one acre and a halfe quia una persona and a writ of conspiracy doth not lye against one onely and that is the reason Nat. br ●o 116. a writ of conspiracy doth not lie against baron feme for they are but one person by this a married Woman perhaps may either doubt whether shée bée either none or no more then halfe a person But let her bée of good cheare though for the néere conjunction which is betwéene man and wife and to tye them to a perfect love agreement and adherence they bée by intent and wise fiction of Law one person yet in nature in some other cases by the Law of God and man they remaine divers for as Adams punishment was severall from Eves so in criminall and other speciall causes our Law argues them severall persons you shall finde that persona is an Individuum spoken of any thing which hath reason and therefore of nothing but Vel de Angelo vel de homme fol. 154. in Dyer who citeth no worse authority for it then Callepinus owne selfe séeing therefore I list not to doubt with Plato whether Women bée reasonable or unreasonable creatures I may not doubt but every woman is a temporall person though no woman can be a spirituall Vicar Of Hermaphrodites OF Hermaphrodites I have some kind of doubts not whether they bée persons but what persons they bée If a man die seised leaving 3. children which bee all Hermaphrodites whether the eldest shall have all his land or that it bée partable as among coheires Also if the eldest bée a Hermaphrodite and the other 2. faire young Virgins which way jetteth the discent Bracton in his first Booke Cap. 7. saith Hermaphroditus comparatur masculo tantum vel feminae tantum secundum praevalescentiam sexus i●calescentis that is it must bée déemed male or female according to the predominance of the sex most inciting And as I remember I have read the like division V● Britt Cont. sol 1678. Bracton in his first book the 30. Chapter fol. 438. where hee sheweth that a man shall not be tenant by the courtisie Si partus declinaverit ad monstrū cum clamore emitteret deberet emisit rugitū saith it is not partus monstrosus licet natura membra m●nuerit vel ampliaverit ut si quis habeat digitos aut articulos sex vel plures Now then if these creatures bee no Monsters but are in conjunction to take on thē the kind which is most ruling in thē this must néeds be understood in matrimony and consequently they may have heires which being granted why may they not be heires according to the prevalescence which Bracton speaketh of if I were to furnish my selfe a house I would place no picture or Image in any parlour dining or bed-chamber but it should be of good séemely and natural proportion Satyres and Centaures should come no nearer then the post at my doore And at the threshold of this my treatise or as it were a little behind the doore I will leave these deformed Children of Mercury or Venus suffering them to enter no further SECT III. The punishment of Adams sinne REturne a little to Genesis in the 3. Chap. whereof is declared our first parents transgression in eating the forbidden fruit for which Adam Eve the serpent first and lastly the earth it selfe is cursed and besides the participation of Adams punishment which was subjection to mortality exiled from the garden of Eden injoyned to labor Eve because shée had helped to seduce her husband hath inflicted on her an especiall bane In sorrow shalt thou bring forth thy children thy desires shall bee subject to thy husband and he shall rule over thee Sée here the reason of that which I touched before that Women have no voyse in Parliament They make no Lawes they consent to none they abrogate none All of them are understood either married or to bée married and their desires or subject to their husband I know no remedy though some women can shift it well enough The common Law here shaketh hand with Divinitie but because I am come too soone to the title of Baron and feme and Adam and Eve were the first and last that were maried so young it is best that I runne backe againe to consider of the things which I might seeme to have lost by the way that are fit to be knowne concerning women before they be fit for marriage SECT IV. The Ages of a Woman THe learning is 35. Hen. 6. fol. 40. that a Woman hath divers speciall ages at the 7. yeare of her age her father shall have aide of his tenants to marry her At 9. yeares age shee is able to deserve and have dowre At 12. yeares to consent to marriage At 14. to bee hors du guard at 16. to be past the Lords tender of a husband At 21. to be able to make a feoffement And per Ingelton there in the end of the case a woman married at 12. cannot disagrée afterward but if she be married younger shee may dissent till shee be 14. The age of 7. yeares when Bracton wrote this aide for making the sonne a Knight or marrying the daughter was due de gratia non de Iure and pro necessitate indigentia domini capitalis measured by the indigence of the Lord and opulence of the tenants But West 1. Cap. 35. in the third yeare of Edward 1. the Law was made certaine the Lord shall have aide of his tenants as soone as his daughter accomplished 7. yeares age-for the marriage of her Viz. xx s. of a whole knights fée and xx s. of xx I. ●and in soccage and so forth according to the rate more or lesse The King shall have this aide according to

likewise said by Davers 13. H. 7. 11. that this Statute was made for advantage of the Lords Glanvill ibro 7. cap. 12. HEare what Glanvill saith women shal be in ward vntill they be of ful age the Lord shal mary them being of ful age euery one of thē with their reasonable portion thoughthey be of ful age they shal remaine notwithstanding in their Lords custody vntil they bée married by his aduise for by the law of the land no woman heire can be married but by her Lords disposing and assent In so much that whosoever having a daughter or daughters heire or heires shall in his life time without grée of his Lord marry any of them he suffereth by the right and generall custome of the Realme perpetuall disinherison without ever recovering any thing but by the grace méere mercy of his Lord. If it be prooved that any woman holden in ward do forfit with her body she shal be deprived of her heritage her portion shall goe and accrue to her parceners And if they all offend the whole heritage shall fall as escheate to the Lord. But after such heires be once lawfully maried though they become widdow afterwards they shall no more be holden in ward nor then by their incontinency can they forfit any inheritance But yet they may not remarry without their Lords assent Thus far Glanvill Bracton his 2. Booke cap. 37. BRacton who as it may very well be gathered wrote one halfe hundred yeares after Glanvil and but very little before the making of West 1. In his 2. Booke and 37. Chap. finding it a question at what time an heire female should bee out of ward whether at 14. or 15. or at 21. acknowledgeth a greater capacity of deceipt and maturity of desire to be in women then in men And that therefore a woman might be out of ward at 14 and marry because at that age she is able disponere domui suae et habere cone et key et virum sustinere that is to order and dispose a to have the key clog at her girdle and to be a jolly stay vnto a man But this early emancipation of women heires he taketh to be onely of such as inherit lād of socage tenure for drawing toward the end of the Chapter he falleth in with Glanvil And saith of heires coparceners in Chivalry si ab initio omnes maiores extiterunt nihil ominus in custodia dominorum ●rint donec per consilium et dispositionem eorum maritentur quia sine ipsorum cōsilio et assensu mulier haereditatē habens maritari non potest non etiam in vita antecessorum quod si olim fecissent hereditatem amitterent sine spe recuperan●i nisi solum per gratiam Hodie tamen aliam paenam incurrent And presently hee sheweth the reason why they might not marry without their Lords assent viz. lest the Lord might be constrained to take homage of his capitall enemy or of a man altogether vnfit or vnworthy SECT X. How the law came to a certainty in the point of a womans being out of ward CHoose now whether ye will learne of Glanvil and Bracton what the law was in their time or of Mr. Littleton that wrote many score yeares after the making of Westm 1. In mine opinion neither did this law bring any advantage to Lords neither doth it shew that heires females oftenants in Chivalry might enter at 14. yeares neither is there any cléere proofe that the law was cléerely so taken The letter of the Statute doth not expresly give 2. yeares to tender mariage but rest raineth covetous Lords that they shall not hold the land above 2. yeres after the 14. which séemech plainly to import as it is reasonably taken both by Needh Billing 35. H. 6 that before the making of this law the age of male and female in this point tooke no difference I may be asked how it commeth then to passe that the law is so cléere in that which Littleton concludeth withall viꝪt That the Lord shall not have two yeres to tender his woman ward marriage save onely where she is under 14. and unmaried at the death of her ancestor before the Statute it was either out of doubt that a daughter and heire should not be cleane out of ward at 14. or at the least it was doubted whether she should or no and the words of the Statute whatsoever Mr. Littleton saith maketh not the matter plaine enough But we have the helpe of Reverend Prisot in the Booke above mentioned 3. 5. Henrici 6. Westm 1. saith he was made in the time of Edward the first who purposing to put all the law into certainty and in writing begun to makes Bookes thereof by helpe of the most sage men of the law in this Realme Iudges and others And he made a Booke two yeares after the making of this Statute in which all the Statute is rehersed which booke goeth on and saith by expresse words that no woman shal be said to be vnder age thereby to be in ward after she is past the age of 14. Thus saith Prisot By him therefore and by other Iustices in the Eschequer chamber it was ruled cleere that where the Kings tenant in Chivalry died leaving his daughter and heire of the age of 15. yeare she should not be in ward And Billing saith for law that if betwéene the 14. and 16. yere when an heire female is in ward another ward falleth which holdeth in Chivalry of the first the Lord shall not have gard per cause de garde for the first ward is out of his power to all intents excepting onely tender of mariage And another Iustice saith if a tenant hold ofone lord bypriority of another by posteriority the daughter heir vnder 14. shal be in custody of the anteriour Lord till she be 16. but shée may enter vpon the land by posteriority as soone as shee commeth to 14. likewise if the Lord hath once maried this woman-ward after the age of 14. she may presently enter into her land for now the Lord hath had all that which to him belongeth the marriage And the course of the Chancery is to make livery before 14. cum exitibus but after 14. livery tantum vid. 4. Eliz. 213. Dyer Dyer 20. Eliz. 362. 1. Hen. 720. on livery for then such an heire is to have the profits by the law To come to an end of this matter I will not forget that even in Mr. Littletons daies very néere two hundred yeares after the making of West 1. by the last Statute that ever Hen. 6. made in the yeare of his reigne 39. ca. 2. it was established by Parliament that women being of the age of 14 yeares at the death of their ancestors without question or difficulty shall have delivery of their lands and tenements discended to them for so the Law of the land wils SECT XI A search for the true reason why a woman is hors du

garde at the age of 14. yeares THe principall reason that mooved our law founders so soone to set women out of ward is none other then hath béene already declared she is quickly able domui preesse viro subesse and her husband for her shall doe Knights service or some other for him and in his stead the cases are therefore 26 H. 8. fo 2 If the Kings tenant in chiefe having feoffees to his use marry his daughter vnder age to a man of full age and dye this daughter being heire is out of ward for her body though not for her land for that shal be in ward in this case an the Kings possession must bee voided by suite and livery But had she béene of full age of 14. yeares at her fathers death no such thing had néeded neither should she have bin in ward nor the King have any primer seisin For that was not as yet seene into by the Statutes of H. 7. which had given ward reliefe and herriots upon the death of him which died intestate and seised of onely a bare use againe if the King have a woman ward which he marrieth before she be 14 she shal be be to all intents out of ward at 14. and may immediatly sue her livery 28. H. 8. for as a ward masculine married by his Lord vnder 21. shal be sui luris at 21. so shall a ward feminine being maried before 14. bee out of ward at 14. altogether In the old Natura brevium in the writ de electione custodiae it is said that where the tenant marieth his daughter being under age to a man of ful age dieth the daughter shal be out of ward But if he mary his daughter being of full age to a man under age and die she shall be in ward This Mr. Brooke taketh to be no law even so doe I his reason is that no Lord can have the marriage of her that is already married or compell any heire to be twice married For if a tenant marry his son and die and then the sonnes wife dieth holden the Lord shall not have his body in ward to marry him Which is cleare specially if the sonne were infra annos nubiles at the time of his fathers death But certainely if the Lord couple his ward to a wife which dieth the ward is at full liberty for his body and shall not be married by his Lord. The reason why an heire female of full age married by her father to a man under age should not be out of ward must be because the supposition of law faileth her husband is not able arma portare officiis fungi militaribus vel pro iisdem faciendis cum alio pacisci But this notwithstanding me thinketh a woman married should bee out of ward for all her husbands nonage thought the woman bee but twelve yeares old a boy knight shall be out of ward for his body shall a woman innupta matura viro be in kéeping of any but her husband shall shee at 14. yeares age bee ward because she hath a husband but 19. yeare olds who should not have béene in ward had she had no husband at al non videtur The husbands ability to doe souldiers service is neither the onely nor the principall cause in mine opinion why a woman is by law out of ward at 14. yeares age But law going with the trace or tide of nature that hath made women as Bracton saith fit to carry cey and key cloge betimes suffereth them to mary very early And it should be a mischievous inconvenient unjust and unnatural law that should hold a woman from her husband or from her inheritance which is without offence of law maried fully able to bring forth children because her husband is not fully fit for all mannor of horsemanship Be not therefore good woman absterred from a young husband by old natura brevium SECT XII How a woman that hath beene in ward shall come by her land A Woman past 14. yeares of age at her ancestors death shall not be in ward And where she is in ward till 16. she may have action at 16. against her Lord for her inheritance according to the Statute By Littleton she may enter which standeth with reason for the Statute giving action to her affirmatiuely doth not disaffirme the entrie which she might have had by the auncient catholicke Common law if shee cannot or dare not enter she may have alone if she be alone or with her fellowes if she be a coheire a writ of mortdancester as well against her Lord as against any other abator Marlbridg ca. 16. But if shee be ward to the King against whom a mortdancestor writ of Aile Besaile or Cosinage then it melts into petition and she must sue for livery And where the King hath a woman in ward with some lands holden of other Lords in socage such a ward shall not so soone as shee is 14. yeare old have livery of that socage lands but she must arry unlesse she be married in the meane while till she be 16. because livery must be at once parcell not by percels Yet if 3. copartners be in ward to the King she which first commeth to age shall sue her livery and have partition vpon it SECT XIII Of Parceners FOr it must not be omitted there where a man dieth seised of any manner of inheritance having issue none but daughters to whom such inheritance descendeth when they have entered by Litt. they are parceners one heire to their common ancestor so are the heires of females parceners and they ought to come in by descent for if by purchase they are jointenants they are called partners saith he because they are compellable by a writ de partitione facienda to divide the inheritance amongst them Like or the same law is where a man dying seised having no issue his land goeth to his sisters or aunts that are partners if one of them dye before partition made her part shall descend to her issue and for want of issue to her coheires which shal be déemed and adjudged in by discent and not by survivour SECT XIII Difference betweene partners and jointenants FOr although partners have a conjoyned estate yet law maketh a great diversity betwixt them and jointenants Partners by the cōmon law are onely females or the heirs of females which also must be in by descents for if sisters makeajoint purchase they are jointnants and not partners Betwixt whom observe here the germaine apparent difference If two coparceners be of lands in fee simple wherof one before partition made chargeth her part with a rent dieth without issue her coparcener taking as heire and by discent shall hold the land charged But it is otherwise betwixt jointenants Also partners may devise and give away their part by testament so cannot jointenants SECT XV. Difference betweene partners and tenants in common ANd as in the cases precedent parteners are like tenants in

ordinance hath cum de communi consilio prouiso c. reciting the Statute This Statute reacheth not to the King at whose Court all the copartners shall giue their seuerall attendance suite and seruice And if any of the lands partable be holden in Capite euery Coheyre shall and must haue a part of that in her alotment for the Kings profit The statute of Ireland which is a receipt of H●n 3 14 of his reigne to Gerrard Fi●zmorrice Iustice sheweth that by those dayes the first borne partner did alwayes homage for her selfe and her fellowes to euery common Lord of the fée who tooke all his seruice per man●s primogeni●ae which primogenita had in recompence saith the Statute no homage ward-ship or subiection of Copartners nor any thing but the Capitall Messuage ratione eineciae Glanuil which writ before the Statute saith that homage and all other seruices were done to the chiefe Lord by the hand of the eldest parcener for all the rest without guerdon from them or their heyres in the first or second degrée But by him their heyres in the third degrée were bound to doe homage and pay reliefe to the heyres of the eldest daughter c. Because forsooth as Bracton maketh the reason issue being had and continued to the third and fourth degrée the heyre of the eldest might now take homage without feare of being excluded from inheriting that which was altogether vnlike to descend vnto them But by Bracton the youngest Sister should presently doe fealtie to the eldest and by Britton who wrote after Marlbridge the matter rested méerely in the Lords election for thus saith he Election le Seignior aprendre tiels seruices per vn mayne ou per les mains de toutes les parceners Car autrement per droit les gardes marriages des auters parceners pur les parols in le briefe de gard o● le plaintiffe dit que launcester l'infant soit son tenant lui fist seruice de chiualer eac 68. fo 175. Now séeing that Glanuile the Statute of Ireland Bract. Britton and al do agrée that euery Lord might take his seruices by the hands of the eldest partner the reason whereof was a desire which the Law had to conserue Seignories in their intierties that Lords should not take or diuide them into mynnomes and Crotchets what was it that caused the making of this ninth Chapter of Marlebridge It should séeme that Lords in those dayes played vpon the aduantage And though they were scrupulous in taking of homage by which they were shut from succession and yet willing enough to take intirely all other emoluments incident or annext to the tenure from one paire of hands yet suite of Court which is burdenous or inconuenient to none but to the tenants they would be and were content to dissipate and it should séeme also that in puisne Sisters and Coheyres though they were easily intreated that the eldest should do all suit and seruice yet they could be well content to giue them nothing for their paines and therefore a Statute was needfull for other things I will not accuse old writers of error they erred not perhaps if they take it as it was taken by Lawyers then though that taking staggered from Lawes conformitie This I say to me the statute of Ireland is sufficient to proue that the eldest Sister shall haue no gard marriage or subiection of the yongest and neither homage nor fealty by Littl. can be taken otherwise then a seruice incident to a tenure for which it is lawfull to distraine As therefore when a Mannor descendeth to two partners each one may haue parcell of the demesne and parcell of the seruices and so of one there may step vp two Mannors And if the diuision be that one shall haue the demesnes and another the seruices the suite is now in a very haut suspention and the Mannor for a time broken in pieces but it shal be a Mannor againe if she which had the seruices die without Issue per Thiru 12. H. 4. fo 34. 35 So I doubt not but when a tenement holden by seruice military descendeth vnto two coparceners and division is euenly made each of them may pay rents and do seruice for her part to the Lord who may take fealty and homage of either of them if he will And may be compellable to take homage of one of them at the least which for the warrantie shall be auailable to both SECT XXV What seruice belongeth only to the eldest parcener to doe THere is some thing besides suite of Court that shall lie only vpon the part which by an Alcumized tearme we call einitia Fitzherbert titulo partition 18. hath this note If the Earledome of Chester descend vnto two parceners it shall be diuided betwixt them As other lands vse to be and the eldest shall not haue the Seigniory or Earledome whole to her selfe quod nota adiudged percotam curiam 23. H. 3. But this notwithstanding if law should haue the course which she had in her state of innocencie I thinke the capitall Messuage of a Knights fee and the head of an Earldome or Baronie in partition ought euer to goe to the eldest And if because there is not else perhaps wherewith to make purparte to the youngest coheyre or not any other thing holden in Capite to be distributed for the Kings aduantage and so for necessity quae nullis vinculis legum contine●ur the head of a Barony be diuided yet the indiuisible seruice by which it is holden is scutage and grand-serjeantie I meane the very actuall seruice falleth by right vpon the eldest parcener Et vbi est commodum ibi debet esse onus and so vbi est onus debet esse commodum whether the case following proue mine assertion or no I will set it downe out of my Lord Dyer and then prepare me to speake of another partnership Humfrey Bohune sometime Earle of Hereford and Essex held the Mannors of Harefield Newman and Whitenhurst by seruice of Constableship of England which is grandserjantie and dyed seised hauing issue onely two daughters they entred tooke husbands and the husband of the youngest became King then partition was made in which the King and his wife did choose Whitenhurst and Harefield and Newman fell to the other partner By the opinion of all the Iustices of England the reseruation of the tenure at the first was good the two daughters before marriage erercise this office by sufficient deputie and after marriage the husband of the eldest might execute alone And per omnes iusticiarios as when there are two daughters and the Father dyeth seised of lands holden of one of them the whole seruice if it be entire as homage is reviued after partition so here vnitie of parcell of the tenansie in the King did not determine the office but it continued in the other parcener so that the King might exact the seruice or refuse it at his pleasure as euery Lord may

of the heire non aliter This saith Dyer is holden no good pleading for the quarenti●● but shee should haue shewed the death of her husband certaine and the time of the forty dayes continuing therefore the opinion of the Court made her w●i●● her plea and trauers the entry n●ta prolege If a woman marry within the forty dayes shee loseth her quarentine Dower Brooke ●y Dower 101. 1. M. But if otherwise she be ou●●ed by the heire within the forty dayes shee shall haue a Writ de quarentena habenda no ●● br 161. b. SECT IV. Assignement of Dower NOw to assignement of Dower it is true that when it appeares certaine what it is that a woman shall haue in Dower shee may enter presently when her husband is dead and tarry for none Assignement per Littleton yet Perkins saith if a man dye seised of iij. s. rent charge in fee though here the third part bee certaine enough his widdow shall not distrai●●● for xij d. before Assignement Nay further if she rec●●●● this Dower by action yet shee shall not distraine for it before execution But if the Lord of a Manor doe marry with a woman tenant by iij. s. rent and dye here shée shall haue xij d. Dower by way of reteiner without any Assignement And in case where rent is recouered in Dower the Viscount may deliuer seisen by grasse by a bough by a clod of land or by the distresse of beasts taken vpon the land though the day of payment be not yet come But the party cannot charge any those beasts 40. Ed. 3. fo 22. SECT V. who may assigne Dower SOmetime Dower is assignable by the husbands heire as if a man seised of two acres of land in one County make a feoffement of one acre with warranty and dye the heire may indow the widdow with parcell of the acre remaining in allowance and full satisfaction of the whole Dower bene for if in a writ of Dower brought by her against the feoffée of her husband hee vouch the heire c. shee shall recouer conditionally against the voucher And if the heire make a Lease for life of part of such lands as are to him descended and indow his mother of the parcell remaining in allowance of all c. it is good yet in this case in a Writ of Dower against the Lessée if hée vouch his Lessor the recouery shall not be against the vouchée because he is not bound to warranty as the heire of his father But if he had béene generally vouched the heire and had generally entred into warranty iudgement perhaps should bee conditionally against him Sometimes the husbands one feofee or vendée shall assigne Dower for the rest And if a woman accept Dower from one of her husbands feofées in parcell of his land in allowance of her Dower of the rest it séemeth this shall binde her against the other 〈…〉 fees yet some haue doubted thereof because the other feoffees say they cannot plead this in an action of Dower against them neither is there meanes to bring into Court him which made assignement being a stranger If diuers Ioyntenants bee of certaine lands assignement of Dower by one of them shall bée good against them all But if one Ioyntenant of land assigne rent in allowance of Dower his followes shal not be distrained for this rent for there could bee none inforcement to assigne Dower after this manner Likewise if the Desseisor assigne a rent charge out of the land this shall not bind the desseis●e causa qua supra Assignement of Dower may be by one which is a Disseisor Abator or Intr●dor c. if this assignement be without fraud in the woman indowed and sans ●or● to any other person it is good though the Assignor be a tortious Possessor but if there bee any such couine or tort the assignement is voidable for the most part by entry 44. Ed. 3. fol. 46. A woman that had title of Dower with intent of defeating the Tenants warranty made a stranger to enter and against him she recouered Dower it was holden in an Assize which shee brought afterwards that hee recouery would not serue her but her estate was gained by des●isin because of the couine Assignement of Dower by him which hath Francktenement is good and if the wife hath not right of Dower of that which is so assigned by the Tenant of the Francktenement yet that shall stand vntill it bee defeated And if tenant per elegit statute staple or statute merchant assigne Dower it is not good And Assignement of Dower by gardian in soccage séemes not to be good saith Perkins for a Writ of Dower lyeth not against such a gardian sée 29. Assis p. 68. But Assignement by gardian in Chiualry is good till it be defeated and it shall neuer be defeated if the womans title of Dower be iust SECT VI. Assignement to her selfe or de la pluis beale IF a man seised of forty acres of land 20. by Chiualry and 20. by soccage die c. and his wife being gardian in soccage bring her Writ of Dower in the Kings or some others Court against the Lord which is gardian in Chiualry he may plead this matter and pray to haue it adiudged that the woman indow her selfe of the fa●●est in her owne possession and if she cannot deny the case it shall be iudged for the Lord to retaine quietly the lands which hee hath during the nonage of the Infant And after this iudgement the woman may indow her selfe in presence of her neighbours by limits and bounds de la pluis beale part of the soccage lands to haue to hold to her selfe for terme of her life This manner of indowment is neuer before iudgement bee giuen for it either in the Kings or some other Court and it is to saue the state of gardian in Chiualry Perkins giueth this matter which Litlton leaueth thus raw a turne or two more And so doth Keble 14. Hen. 7. 26. If say they the land which the woman hath by her gardianship bee not the whole valew of her iust Dower for the smalnesse of it or because it is charged with some rent she may shew the matter in her replication And if the Lord cannot deny it or doe trauers it and it is found against him then shall the woman haue so much of the lands holden in Chiualry as together with that shee hath in possession already may make vp iust a third part of her husbands inheritance If the inheritance were all of soccage tenure the widdow being gardian cannot indow her selfe de la pluis beale but shee shall be allowed a third part in her accompt for so long time as shee is Gardian for if she bring her Writ of Dower in this case against the heire he cannot plead her gardinship and that she may indow her selfe Sée 45. Edw. ● fol. 6. If such a Feme gardian bring a Writ of Dower against one whom her husband