Selected quad for the lemma: woman_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
woman_n	action_n	husband_n	wife_n	1,645	5	7.3746	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52567	A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.	Noy, William, 1577-1634.; Doddridge, John, Sir, 1555-1628. Treatise of particular estates.; T. H. Certain observations concerning a deed of feoffament.	1651 (1651)	Wing N1453; ESTC R30072	59,730	168

do make a Will and publish the same and afterwards dyeth being of full age or sole notwithstanding this Will is void 10. Vnumquodque dissolvitur eo modo quo colligatur An Obligation or other matter in writing may not be discharged by an agreement by word but by writing 11. He that claimeth a thing on high shal neither have gain nor loss thereby As if one Joynt-Tenant make a Lease o● his Joyntee reserving rent and die the heire which surviveth shall have the reversion of his Joyntee but not the Rent because he cometh in by the first Feoffer and not under his companion Also where the husband being leased for yeers in right reserving a Rent the woman shall have the residue of the terme but not the rent 12. Debile fundamentum fallit opus When the estate whereunto the Warrantie is annexed is defeated the Warrantie is also defeated 13. Incidents may not be severed As if a man grant Wood to be burnt in such a house wood may not be granted away but he which hath the house shall have the wood also 14. Actio personalis moritur cum persona As if battery be done to a man if he that did the battery or the other die the Action is gone If the Leasor covenant to pay quit-rents during the terme his Executor shall not pay it for it is a personal covenant 15. Things of higher nature do determine things of lower nature As matters of writing do determine an agreement by words If an offence which is murder at the Common law be made high Treason no appeal lieth for it for that the Murder is drowned and punishable as Treason whereof no appeal lieth 16. Majus continet minus Whereby the Custom of a Manor a man may demise for life he may demise to his Wife durante viduitate 17. Majus dignum trahit ad se minus dignum As the Writings the Chest or Box they are in OF PHILOSOPHY 18. Naturae vis maxima NAtural affection or brotherly love are good causes or considerations to raise an use And one brother may maintain a suit for another 19. The law favoureth some persons Viz. Men out of the Realm or in Pison Women married Infants Ideots Mad-men Men without intelligence Strangers that are neither parties nor privie and things done in anothers right A descent shall not take away the entry of a man out of the Realm or in prison or of a married woman or of an infant And a lease made to the husband and wife after the death of the husband the wife shall not be charged for waste during the mariage An Ideot shall not be compelled to plead by his Guardian or next friend but shall be in the Court and he that pleadeth the best plea for himself shall be admitted If a dumb man bring an action he shall plead by his next friend If a Lessee for years grant a Rent-charge and surrendereth the rent shall be paid during the terme to the Stranger A man Out-lawed or Excommunicated may bring an Action as an Executor 20. And a mans person before his possessions Mentioned of corporal pain shall avoid a Deed but not his Goods 21. And matter of possession more then matter of right when the right is equall As if a man purchase several lands at one time held of several Lords by Knights service and dieth the Lord which first seizeth the Ward shall have it otherwise his elder Lord. 22. Matter of profit or interest shall be taken largely and it may be assigned and it may not be countermanded but matter of pleasure trust or authority shall be taken strictly and may be countermanded As licence to him in my Park or in my Garden to walk extendeth onely to himself and not to his servant nor any other in his companie for it is matter of pleasure only otherwise it is of a Licence to hunt kill and carry away the Deer which is matter of profit A Church-way is matter of ease OF POLITICAL 23. NOthing shall be void which by possibility may be good If Land be given to a man and to a woman married to another man and the heires of their two bodies this is a present estate Tayle because of the possibilitie 24. Ex nudo pacto non oritur actio No man is bound to his promise nor any use can be raised without good consideration A consideration must be some cause or occasion which must amount to a recompence in Deed or in Law as money or natural affection not long acquaintance nor great familiarity 25. The Law favoureth a thing that is of necessity As to pay several expences shall not be said to Administer to distrain in the night dammage feasant to kill another to save his own life A servant to beat another to save his Master if he cannot otherwise choose To drive another mans cattel amongst mine own untill I come to a place to shift them is no Trespass 26. And for the good of the Common-wealth As killing of Foxes and the pulling down of an house of necessity to stay a fire 27. Communis error facit jus As an Acquittance made by a Major alone where there be a hundred presidents is good 28. And things that are in the Custody of the law Goods taken by Distress shall not be taken in Execution for the debt of the owner thereof 29. The husband and the wife are one person They cannot sue one another nor make any Grant one to another And if a woman marry with her Obligor the debt is extinct and she shall never have any action if another were bound with him for by the mariage the Action is suspended and an action personal suspended against one is a discharge to all 30. An Obligation with a condition to enfeoff a woman before such a day and before the day the Obligor taketh her to wife the obligation is forfeited because he cannot infeoff her but he may make a lease for years with a remainder to his wife When a joynt Purchase is during the marriage every one shall have the whole When a joynt purchase during the mariage is made and the husband sell the wife shall have a Cui in vitâ for the whole against both and on a feoffment made to one man and his wife and to a third person the third person shall have one moity 31. All that a Woman hath appertaineth to her Husband Personal things and things absolutely reall as Lands rents and so forth or Chattels reall and things in Action are onely in her right notwithstanding real things and things in Action he may dispose at his pleasure but not Will or charge them and he shall have her real Chattels if he survive Of things in Action the woman may dispose by her last Will and she may make her husband her Executor and he shall recover them to the use of the last will of his wife If a Leassee for years grant his terme to a man or woman and to another they are

joynt-Tenants But if goods be given to her and to another her husband and the other are Tenants in common The Husband may release an Obligation or trespass for goods taken when his wife was sole and it shall be good against the woman if he die but if he die without making any such Release the woman shall have the Action not the Executor of her husband The woman surviving shall have all things in Action or her Executors if she die The Husband shall be charged with the debts of his wife but during her life 32 The will of the Wife is subject to the will of her husband Note a Feoffment made to the wife she shall have nothing if her husband do not thereunto agree MORALL RULES 33. THe Law favoureth works of Charitie right and truth and abhorreth fraud coven and incertainties which obscure the truth contrarieties delayes unnecessary circumstances and such like 34. Dolus fraus una in parte sanari debet No man shall take benefit of his own wrong if a man be bound to appear at a day and before the day the Obligee casts him in prison the bond is void A Grant of all his woods in B. Acre which may be reasonably spared is a void Grant if it be not reserved to a third person to appoint what may be spared A Feoffment made in Fee of two Acres to two men Habend one acre to one and the other acre to the other this Habend is void 35. Lex neminem cogit ad impossibilia c. The Law compelleth no man to shew that which by intendment he doth not know as if a servant be bound to serve his Master in all his commandements lawfull it is a good Plea to say he served him lawfully A Covenant to make a new Lease upon the Surrender of the old Lease and after the Covenanter doth make a Lease by Fine for more years to estrange the Covenant is broken although the Lessee did not surrender the which by the words ought to be the first Act for that the other had disabled to take or to make LAW CONSTRUCTIONS THe Law expoundeth things with equity and moderation to moderate the strictness it is no Trespass to beat his Apprentice with a reasonable correction or to go with a woman to a Justice of Peace to have the peace of her husband against the will of her husband which equity doth restrain the generality if there be any mischief or inconvenience in it As if a man make a feoffment of his lands in and with Common in all his Lands in C. the Common shall be intended within his Lands in C. and not in his other Lands he shall have else-where 36. Every Act shall be taken most strictly against him that made it As if two Tenats in Common grant a Rent of 10. shillings this is several and the Grantees shall have 20. shillings but if they make a Lease and reserve 10. shillings they shall have onely 10. shillings between them So an obligation to pay 10. shillings at the feast of our Lord God it is no Plea to say that he did pay it but he must show at what time or else it will be taken he paid it after the feast 37. He that cannot have the effect of a thing shall have the thing it self Vtres magis valeat quam pereat As if a Termor grant his Terme Habendum immediat è post mortem suam the Grantee shall have it presently 38. When many joyn in one Act the Law saith it is the Act of him that could best do it and that thing should be done by those of best skill As the Disseizee and the heir of the Disseizor who is in by discent joyn in a Feoffment This shall be the Feoffment of the heire onely and the confirmation of the Disseizee And the Merchant shall weigh the Wares and not the Collectors 39 When two titles concur the elder shall be preferred 40 By an acquittance for the last payment all other Arrerages are discharged 41 One thing shall enure for another If the Leasor enfeoff the Lessee for life it shall be taken for a confirmation 42. In one thing all things following shall be concluded in granting demanding or prohibiting If one except a Close or a Wood the Law will give him a way to it 43. A man cannot qualifie his own Act. As to release an Obligation untill such a time 44. The construction of the Law may be altered by the special agreement of the parties If a house be blown down by the wind the Lessee is excused in waste but if he have covenanted to repair it there an Action of Covenant doth lie by the agreement of the parties 45. The Law regardeth the intent of the parties and will imply their words thereunto and that which is taken by common intendment shall be taken to the intent of the parties and common intendment is not such an intendment as doth stand indifferent but such an intent as hath the most vehement presumption All incertaintie may be known by circumstances every deed being done to some purpose reason would that it should be construed to some purpose and variance shall be taken most beneficial for him to whom it is made and at election 46. An intendment of the parties shall be ordered according to the Law If a man make a Lease to a man and to his heires for ten years intending his heires shall have it if he die notwithstanding the intent the Executors shall have it 47. Qui per alium facit per seipsum facere videtur A promise made to the Wife in consideration of a thing to be performed by her Husband if he agree and perform the Consideration in an Action of the case he shall declare the assumption was made to him And if my servant sell my goods to another in deqt I shall suppose he bought them of me CUSTOMES Consuetude est altera lex CUstomes are of two sorts General Customes in use throughout the whole Realme called Maximes and particular Customes used in some certain County Citie Towne or Lordship whereof some have been specified before and some follow here and where occasion is offered GENERAL CUSTOMES THe Kings Excellencie is so high in the Law that no Freehold may be given to him nor derived from him but by matter of Record Every Maxim is a sufficient authority to itself and which is a Maxime and which is not shall alwayes be determined by the Judges because they are known to none but to the learned A Maxime shall be taken strict A particular Custom except the same be a Record in some Court shall be pleaded and tryed by 12. men CHAP. II. Statutes THe last ground of the Laws of England standeth in divers Statutes made by our Soveraigne Lord the King and his Progenitors and by the Lords Spiritual and Temporal and the Commons in divers Parliaments in such cases where the former Laws seemed not sufficient to punish evill men and to reward the good

were granted Joynt-Tenants may have several estates A Joynt-Tenant cannot grant a Rent-charge but for terme of his own life A Joynt-Tenant may make a Lease for life or for years of his part or Release and the Lessee for years may enter although the Lessor die before the Lease begin and his heire shall have the Rent but the Survivor the Reversion A Joynt-Tenant may have a Writ of Partition by the Statute of the 31. of H. 8. cap. 32. A Partition made by Joynt-Tenants or Tenants in Common of Estates of Inheritance must be by Indenture by Word 't is void CHAP. VII TENANTS in COMMON Tenants in Common are those that hold Lands and Tenements by several titles They may joyne in action personal but they must have several actions Real They may have a Writ of Partition by the Stat. of 31. H. 8. cap. 32. IF one Parcener Joynt-Tenant or Tenant in Common take all the other have no Remedie but by Ejectione firme or such like or Waste Gavil-kinde-Lands Tenant by the curtesie of Kent whether he have Issue or no untill he marry and so forth he may not commit Waste CHAP. VIII TENANT in DOWER A Woman shall be indowed of all sorts of inheritance of her husband where the Issue that she had by him may inherit as heire to his father by meetes and bounds of a third part She shall have house-roome and meat and drink in common for forty dayes But she may not kill a Bullock within those 40. days after the death of her husband in which time her Dower ought to be assigned her The Assignement by him that had the Frank-Tenement is good but by him that is Guardian in Soccage or Tenant by Elegit verte Elegit or Statutes or Lessee for years is not She is to demand her Dower on the Land She shall recover dammages when her husband dyed seized from the death of her husband if the heire be not ready at the first day to assigne her Dower She shall have all her Chattels real againe execept her husband sell them he may not charge them or give them by his Will and likewise her bonds if the money were due in the life of her husband and all convenient apparel but if she have more then is fit for her degree it will be assets A woman shall be barred of her Dower so long as she detaineth the bodie of the heire being Ward or the Writing of the sons Land A woman shall not be endowed of any lands that her husband joyntly holdeth with another at the time of his death Dower of Gavil-kind Lands If the woman shall be endowed of one half so long as she is unmarried and chaste and it may be held with the heire in Common It is of Lands and Tenements and not of a Faire or such like where the Heire loseth not his inheritance there she loseth not her Dower Joynture IF a woman have a Joynture be fore marriage she may claim no Dower 27. Hen. 8. If it be made during marriage she may enter into her Joynture presently If she enter or accept of it she shall not be endowed If she shall be expulsed of any part of her Joynture she shall be endowed of the residue of her husbands Lands CHAP IX Tenant for terme of Life TEnant for terme of life is he that hath Lands or Tenements for terme of his life or another mans life and none of lesser estate may have a Free-hold If a Tenant for life sowe the Lands and die before the corn be reaped his Executor shall have it but not the Grasse nor other fruit If a Tenant for life be impannelled upon an Inquest and forfeit Issues and die they shall be levied upon him in the Reversion and so likewise if the Husband on the Lands of the Wife CHAP. X. Tenant for Terme of yeares Tenant for terme of years is where a man letteth lands or tenements to another for certain yeares HE may enter when he will the death of the Lessor is no let and may grant away his terme before it begin but before he enter he cannot Surrender nor have any action of trespasse nor take a release He is bound to repaire the Tenements The Lessor may enter to see what Reparations or Waste there is and he may distraine for his rent or have an action of debt If Tenant for life or years granteth a greater estate then he hath himselfe he doth forfeit his terme CHAP. XI Tenant at Will Tenant at Will is hee that holdeth lands or tenements at the Will of another THe Lessor may reserve a yearely rent and may distraine for it or have an Action of debt the Lessee is not bound to repaire the Tenements The Will is determined by the death of the Lessor or of a woman Lessee by her marriage or when the Lessee will take upon him to doe that which none but the Lessor may doe lawfully it determineth the Will and Possession and the Lessor may have an action of Trespasse for it The Lessee shall have reasonable time to have away his goods and his corne But he shall lose his Fallow and his dung carried forth CHAP. XII REMAINDER A Remainder is the residue of an estate at the same time appointed over and must be grounded upon some particular estate given before granted for years or for like and so forth And ought to begin in possession when the particular estate endeth there may bee no mean time between either by Grant or Will No remainder can be of a Chattel personal a Remainder cannot depend on a matter ex post facto as upon Estate tayle upon condition That if the Tenant in Tayle sell then the Land to remain to another is a void Remainder CHAP. XIII REVERSION A Reversion is the residue of an estate that is left after some particular estate granted out in the Grantor as if a man grant Lands for life without further granting the Reversion of the Fee-simple is in the Lessor CHAP. XIV WASTE WASTE lieth against a Tenant by the curtesie for life for years or in Dower and they shall lose the place wasted and treble dammages Waste lieth not against a Tenant by Elegit Statute-Merchant or Staple but account after the debt or dammage levied Waste or account will lie against a Tenant in Mortgage because he had Fee conditionall Waste is not given to the heire for Waste in the life of his Father Waste is given against the Assigne of the Tenant for life or of anothers life but not against the Assignee of a Tenant in Dower or of the curtesie it is to be brought against themselves It is Waste to pull up the formes benches doors windowes walls Filbert-Trees or Willows planted CHAP. XV. DISCONTINUANCE DIscontinuance is where a man that hath the present possession by makeing a larger estate then he may divesteth the inheritance of the Lands or Tenements out of another and dieth and the other hath right to have them but he may not enter