coke b whether beddingfields case Hilary Elizabeth in c b in dower in a writ  of dower to be endow of the manor of and n and of several other the tenant  cast a essoin which be challenge but the court allow it and hold that the stat  e de essoniis calumniand extend to a essoin of the king service and not to a  common essoin afterward the tenant purchase a writ of circumspect to put in  motion set forth that the husband of the demandant die seize of the manor of n  in fee which he hold of the queen in chief by knight service the tenant his  son and heir of full age as by a certain inquisition be find c by reason  whereof the queen have seize as well the say manor of n as the manor of and a  c and because the queen be bind to restore the tenement tam integre c  therefore the judge be coke report a er p command to surcease c upon which it  be resolve that this writ which be in the nature of a aid prayer of the king  can extend to any manor not find in the office and as to be manor of n the  court disallow the writ and give a day in another term to the tenant to plead  issuably in which term his counsel offer to plead detainment of charter by the  demandant resolve the charter ought to concern the land whereof dower be  demand and not other land descend to the heir the plea ought to show the  certainty of the charter or that they be in a chest or box lock dead or seal  No stranger although tenant of the land and have the evidence convey to he can  in a writ of dower plead detainment of charter but this plea lie only in  privity to wit for the heir of the husband also the heir shall not plead  detainment of charter if the heir have the land by purchase if the heir have  deliver the charter to the wife if the heir be not immediate vouch if the heir  come in as vouchee have no land in the county where the land be demand if he  come in as tenant by receipt in a writ of dower against guardian in chivalry  he shall not plead detainment of charter for he can conclude his plea that he  be ready to render dower if the demandant will deliver the charter afterward  the tenant waive his plea of detainment of charter and plead ne unques  accouple in loyal matrimony upon which it be write to the bishop of the county  in which c and upon his return that the demandant and her husband be join  together in lawful matrimony she have judgement SC Leon Leon whether  Bedingfield late wife of Edmond Bedingfield Esq son and heir of Henry  Bedingfield of Oxborough in the county of Norfolk Knt bring a writ of dower  against Thomas Bedingfield Esq son and heir of the say Edmond to be endow of  the manor of Oxborough Necton and many other manor land and tenement in the  county of Norfolk of great yearly value c and in this case diverse point be  resolve by the court of common plea that where in the say writ the say Thomas  cast a essoin it be challenge because by the statute de Essoniis calumniandus  make e it be enact quod non to be thrown or cast essonium in breve de dote but  because the common a roll Br essoin e b Noy a essoin have be always allow in a  writ de dole therefore the justice construe the statute to extend to a essoin  of the king service and not to a common essoin a wear down Hickson v Hickson  hut No essoin lie in a personal action nor can it be cast by a corporation  argent v dean and chapter of saint Paul east in notorious facts a eastern  rather because the say Act add a reason of the purview S because to see  deception prorogati law and that be proper to be intend of a essoin of the  king service which be a delay and prorogation of right by a year vide e b b Br  essoin Fitzherbert essoin b ass pl long c Br essoin c e a then the say Thomas  purchase a writ out of the chancery coke a call a writ of d Leon Leon hard  vide for this writ e e e title saver default r f n b f d c register c d  circumspect to put in motion set forth that whereas the say Edmund and be  seize of the manor of Necton in the county of Norfolk in fee and hold it of  the queen in chief by knight service and die thereof seize the say Thomas of  full age prout per quandan inquisition compert be c by reason whereof the  queen have seize as well the say manor as the manor of Oxborough Ashil c and  because the queen be bind to restore the tenement tam integre c as they come  to her hand therefore the judge be command to surcease owner e Leon Leon roll  roll Rep e queen rash it be resolve that this writ which be in nature of a aid  prayer of the king can extend to any manor not find in the office coke report  b er p because the queen by the law can seize more manor than be comprise  within the office and as to the manor of Necton which appear by the writ to be  only find in the office the case be well debate at the bar and bench and the  tenant counsel cite the book of e e e aid de roy e e h b h a r brief h f n b f  d by which it appear that where the heir be within age and in ware of the king  and commit over and be implead or come in as vouchee in a writ of dower that  aid of the king shall be grant and although in the case at bar it appear by  the office mention in the writ that the heir be of full age at the time of his  ancestor death yet that will not make any difference for the king when he have  primer seize may as well endow the wife in chancery as where the heir be  within age and in his ware and that appear by the statute de Prrogativa king c  a Leon Leon Stamf Prrog b c postea a a king appointed widow post death verdure  of oneself who de eastern to hold in capite dowry svan queen the dawn to touch  c although hredes fiterint full tatis etcetera and upon these authority and  reason the court give day over in the same term to the demandant to show cause  why the writ shall not be allow at which day the sergeant of the demandant  counsel a pleader of the Inner temple be present and also of counsel in the  cause show cause to the court why the say writ shall not be allow they agree  that in all the book aid be grant of the king in a writ of dower bring against  the heir or when the heir be vouch within age and in ware of the king and it  ought also to be confess that the grant of it if it be not grantable by law be  not error but it be enact by the statute de bigamist b Leon Leon Inst Stamf  ask first b b c de dowry woman where in some way custodes hreditat of marriage  to sew ut custodiam to have ex gift well concession king sive custodes  remember attack to hold coke b sive hredes speaker property to call ad warrant  si excipia quod without ring respond non to be able non therefore supersedea  quin in speech prd prout justice to be to go before which statute be not vouch  or remember in any of the book and be express in the point that in such case  be the heir tenant or vouchee non supersedea quin in speech etcetera to go  before which be so well pen that it extend as well to the say writ of  circumspect to put in motion as to aid prayer and in c Stamf ask first b Inst  Hardr c h a b title aid Le roy in dower against the committee of the king  during the nonage of the heir the defendant show how it be find by office that  the father of the husband of the demandant be seize in fee of certain land and  hold of the king and have issue the husband and die and the husband enter and  die his heir within age without any livery and all this matter find by office  wherefore the king seize and commit to the defendant judgement if action and  thereupon be a demurrer and it be adjudge that she shall be endow and there  sir Thomas d Inst d Brian chief justice of ch who give the rule in the case  say it appear that right be in the king wherefore we will proceed no far  without aid of the king wherefore sue to the king but when e Inst e townsend  justice cite the say statute de bigamist which ousts the party of aid in that  case Brian have consideration of the say Act alter his opinion and discharge  they from sue to the king and award that the demandant shall recover her dower  in all respects to have in memory et in nullo inside error rather be deity how  human nature and if the say statute have not be remember the aid also have be  grant in f h a above f h as it have be in the say book but to make a full  answer to the case in question to separate are time et concordabu law the say  statute de bigamist be enact at a parliament hold e and the statute de tribe  which voted first king be make e and before the statute de tribe which voted  first king the king when the heir be of full age have but chiefs seisinam  capiend exitus etcetera as it be say in the chapter next before and in such  case the king be not guardian and therefore can endow the wife at the  commonlaw for as a writ of dower lie against a guardian in chivalry during the  minority of the heir or coke report a er p the guardian may endow her without  any suit during the minority of the heir if he will but after full age  although he hold over the land for the value of the marriage no writ of dower  lie against he nor can be endow the wife because after full age of the heir he  be not guardian and none who have but a chattel except the a   b   light a b e  Br dower roll h b b ass per Finchden f n b a b a guardian only can endow the  wife of a coke a freehold neither do a writ of dower which be a real action  lie against he as appear in e b he ought to be b   light b Br brief h b e e b  guardian and name guardian and a writ of dower bring in such case against the  heir within age shall abate for it ought to be bring against the guardian and  therewith agree e h b vide tempt e dower c brief c vide e a b dower lie  against guardian within age and against the heir at full age d e b a Br dower  d e e b e Br dow Br brief e e b and in e b a woman bring a writ of dower  against Henry Bolton as guardian in chivalry who plead that he have nothing  but a lease for year of the lease of John Mowbray guardian of the land  judgement of the writ and there it be hold that the writ of dower do not lie  against f   b e b f he in respect of the possession if he be not guardian  wherefore the demandant maintain that he be guardian e b a writ of dower bring  against tenant by elegit shall abate e brief dower be bring against tenant for    b e b year and abate by award but there Berisford say it be good against a  guardian because be answer in the name of the heir so the king when the heir  be of full age can not by the commonlaw have endow the wife because he be not  guardian but have in effect the profit of the land but for a year and  therefore the maker of the stat de g Leon Leon Inst Stanf ask first b before a  g bigamist year e if the king can have endow the wife when the heir be of full  age they will have oust delay in such case as they do and a strong then when  the heir be within age but at that time S e the king when the heir be of full  age can not endow the wife but such power as he have be give he by the stat de  tribe which voted first king make in e long time after which Act de h Ant a  Stanf ask first b c Leon Leon h tribe which voted first king although it give  power to the king to endow the wife c although hredes fuer full ankle yet the  statute add si widow ill uolverint so as the statute leaves it to the election  of the wife either to be endow in the chancery or at the commonlaw and by  consequence the writ of dower which be favour in law and to be liken to no  other prripe be not to be stay by aid prayer in that case upon which the court  take advisement and consideration and afterward the court for the reason and  cause aforesaid discharge the tenant from sue to the queen and give day in the  beginning of easter term next follow to plead a issuable plea peremptory in  which term the tenant counsel offer to plead detainment of charter I show salk  comb I by the demandant c which be in easter term and Trinity term follow well  argue at the bar and bench and upon good advice and consideration these point  be resolve by the court coke b the a Doct pl roll Br dower h a die pl blow a b  h a e a h a a charter ought to concern the land whereof dower be demand and  not other land descend to the heir vide b Fitzherbert dower Br dower b h a b  resolve in the point c Fitzherbert dower c h b and the law in this case well  allow that this rebutter of the action be a good plea in a writ of dower for  two reason the charter be the coke report a er p d   b   light a roll   b d  sinew of the inheritance of the husband heir and she be not worthy to demand  dower of the husband inheritance who will wrongful detain from his heir by who  she be to be endow the muniment which may defend the say inheritance for  charter be call muniment a to wall because muniu defendant hriditatem c there  be a great privity when a wife be endow of the immediate estate which her  husband heir have by descent than when she be endow by a stranger or of  another estate for if the wife be endow of the immediate estate descend to her  husband heir if she be after implead she shall vouch the heir and shall be new  endow of other land which the heir have b Vid ante bustard case   bro dower pl  Fitzherbert n b m   light b b but if the wife be endow by the husband or heir  alienees if she be implead she shall not vouch the alienee to be new endow c  Vid contra roll ab title voucher king where it be say that a feme endow by the  vendee of the baron may vouch the vendee by reason of his endowment and the  reversion in he c and that be the reason that when a woman bring a writ of  dower against the alienee of the husband c and he vouch the heir the demandant  may witness that the heir have land descend to he in the same county for the e  winch e original do not extend to another county and pray that she may be  endow of his estate and that be for the benefit of her voucher to be new endow  vide in e b and e a b the tenant in a writ of dower vouch the heir of the  husband and the demandant testify that he by descent c in the same county and  f roll Cr James die pl hut winch f judgement be give against the heir if he  bad and if not against the tenant in e b the wife of a stranger bring a writ  of dower and the tenant vouch the heir c the demandant shall not recover  against the heir because there want privity in e b in dower the tenant vouch  and the vouchee vouch the heir of the husband of the demandant the demandant  testify that the heir have asset by descent in the same county the demandant  shall not recover against the heir but against the tenant only for there be  not immediate privity betwixt the demandant and the heir for the demandant  shall recover against the heir only when the tenant in demesne vouch he vide  king judy e dower Elizabeth die g dyer pl g and that be the reason that the  heir only shall plead detainment of charter and not a stranger as shall be  after say vide f n b e b and the reason which Newton give in h Br dower  Fitzherbert dower die pl Perk sect h h b that the heir shall have this coke a  plea of detainment of charter c see that if the heir have the charter of his  land he may peradventure plead in bar of her dower can be the reason thereof  for when the heir have plead that he have be always ready and vet be to render  dower c if the demandant will render to he his charter it be a full confession  of the action if the demandant will deliver the charter and therefore after  the charter deliver the heir shall not plead over but the demandant shall have  her judgement immediate as shall hereafter more full appear he who plead this  plea ought to show the a   light b Doct pl die pl Br dower Plowd a b postea a  Fitzherbert dower a certainty of the charter whereupon a certain issue may be  join or that they be in a chest or box lock or seal which import sufficient  certainty upon which a certain issue may be take and in both case a action of  detinue may be ground and bring by the heir h a h a h a e b h a No b Cr  Elizabeth   light a postea a Doct pl   b die pl Perk sect e Fitzherbert dow  Vet n b b b stranger although he be tenant of the land and have the evidence  convey to he can in a writ of dower plead detainment of charter but this plea  lie only in privity sure for the heir of the husband as have be say also the  heir coke report b er p in diverse case be in degree of a stranger and  therefore shall not plead detainment of evidence and that he shall not do in  five case if the c die pl e Doct pl c heir have the land by purchase if the  heir have d Doct pl d deliver the charter to the wife he shall not plead  detainment of they for the wife have they by his own act as it be resolve in e  dower if the heir be not e Doct pl die pl e immediate vouch know by the tenant  in the writ of dower but by his vouchee as have be say e b if the heir come in  as f Doct pl f vouchee have no land in the county where the dower be demand if  he come in as tenant by g Doct pl die pl g receipt he shall not plead  detainment of charter as appear in e dower and many other book and the reason  thereof be manifest if the true form of plead in that case be well observe for  he who plead detainment of charter in bar of dower ought to plead that he have  be always ready and yet be to render dower if the demandant will deliver to he  his charter and tenant by receipt or such vouchee as be aforesaid can plead it  because he can plead that he have be always ready to render dower when the  demandant can recover against the heir in such case either be vouchee or  receive nor can he render to the demandant the coke b dower which to her by  law belong but if a man be seize of three acre in three town S a b and c in  one county and feoff a stranger of one acre with warranty and die now the heir  may assign the wife in one acre in satisfaction of her dower as well in the  acre whereof the stranger be feoff as of the other acre descend to the heir  for by course of law she shall have dowel against the heir in discharge of the  whole tenancy as well that which he ought to warrant as that which be descend  to he in the same county in which case the heir may agree with the wife as  well out of court as in court for that which by the law he be bind to do and  be vouch by the feoff in a writ of dower he shall plead it in bar as it be  adjudge in e judgement e a b Michael Trewenys case and by the same reason in  such case the heir be vouchee shall plead detainment of charter c for he may  well say that he have always be ready and yet be to render dower to the  demandant in discharge of the whole tenancy in the same county for by the law  the demandant ought to be entire endow against the heir and therewith also  agree e b where in dower the tenant vouch the heir in ware the guardian by the  warranty say that the demandant detain from he the heir where the land be d in  knight service and if she will render the heir he have be always ready notam  hoc and yet be to render dower and there exception be take to it because this  plea lie for none but he who always after we be dowable can have render dowel  and you can not before now render to which it be answer that we be he against  who she shall recover and the tenant shall hold in peace and we may always by  law have make agreement for that which we hold because by the law she shall be  serve of dower of that which we hold so that to we in lieu of withernam the  answer be give et to see grievous that the guardian tenant by the warranty  shall have such answer whereupon the demandant traverse the eloinment of the  infant in e a in a writ of dower the tenant make default after default  wherefore the demandant pray seize of the land whereupon come one John and say  that the tenant hold for the term of his life his lease the reversion to he  and pray to be receive and be receive and say that he be heir to the husband  of the demandant of who she demand dower and say that coke a she detain two  charter touch his inheritance and show what c and say that if she will render  he his charter he shall be ready to render her dower c and because tenant by  receipt can render her demand and he be a stranger this plea do not lie in his  mouth and thereupon seize of the land be award to the wife and so note two  good difference a Doct pl a between the heir be immediate vouchee have asset  in the same county and when he be vouch by a vouchee or when the coke report b  er p heir have nothing but in a foreign county for in the first case he may  plead always ready c to render dower and in the other two not b Doct pl b  between the heir have land in the same county when he be immediate vouch and  when he be tenant by receipt for in case of receipt the judgement shall be  give against the tenant and not against the heir so that the plea lie not in  his mouth know that he be yet ready to render dower for he can render to the  demandant her demand vide e dower Elizabeth die vide e dower h ib h ib h h e e  in a writ of dower against c Doct pl   b   light a die pl c guardian in  chivalry he shall not plead detainment of charter for he can conclude his plea  and if the demandant will deliver he the charter c for the charter which  concern the inheritance of the heir shall not be deliver to the guardian as it  be adjudge in e a but the d Doct pl   light a e b pl d guardian in a writ of  dower may plead detainment of the heir by the demandant and that he have be  always ready c ut above for the ware belong to he and if the demandant detain  the ware and do not render he to the guardian unmarried or if she render to he  be marry she shall lose her dower and therewith agree e e a h a h a e b e  dower vide what manner of charter or evidence the demandant in dower ought to  detain that the heir may plead c e a b e b c and so all the book in all these  point be well agree and when in the case at bar the tenant perceive that if he  shall plead such plea that the demandant may deliver the charter in a Doct pl  a court and pray judgement upon his confession immediate as appear in IQ e a e  b e a c he waive his plea touch these matter and in Trinity coke b term when  the demandant expect that he will have confess the action he plead ne unques  accouple in loyal matrimony whereupon it be write to the bishop of Norwich who  certify quod infra naming Edmund et Anna fixed by law marriage closely  connected fueruit to which certificate be short and direct to the point no  exception be ever take whereupon the demandant have judgement and diverse  manor parcel of the demand assign for dower which the demandant lease to  diverse person name by the tenant in consideration of mark fine and rend per  annum d upon the plea of ne unques accouple the fact of marriage if such  marriage be solemnized in England be to be try by the certificate of the  bishop therefore the certificate must state positive the fact of marriage or  no marriage if it state only evidence it be insufficient and the court will  send another writ to the bishop to make another certificate town judge and as  nothing but the certificate of the bishop can try the fact of marriage the  demandant can to a plea of ne unques accouple reply a sentence in the  spiritual court establish her marriage Robert v Crutchley will hargrave tract  neither the day nor place of marriage need be mention in the certificate  Wickham v Enfield cro car if the marriage be solemnized abroad or in Scotland  so that the court can send a writ to any bishop the validity of the marriage  must of necessity be try by a jury and the replication must therefore conclude  to the country and the issue will be try in the county where the venue be lie  Ilderton v Ilderton h black and Vid sergeant williams note William v Gwyn sand  d