The term Dower is used in two senses. Dower,[158] in the sense in which
it is commonly used, means that which any free man at the time of
his being affianced,[159] gives to his Bride at the Church Door.[160]
For every Man is bound as well by the Ecclesiastical Law, as by the
secular, to endow his Bride, at the time of his being affianced to
her. When a man endows his Bride, he either names the Dower, or not.
In the latter case, the third part of all the Husband’s freehold Land
is understood to be the Wife’s Dower; and the third part of all such
freehold Lands as her Husband held, at the time of affiancing,[161] and
of which he was seised in his Demesne, is termed a Woman’s reasonable
Dower. If, however, the Man name the Dower, and mention more than a
third part, such designation shall not avail, as far as it applies
to the quantity. It shall be reduced by admeasurement to the third
part;[162] because a Man may endow a Woman of less, but cannot of more,
than a third part of his Land.[163]
[Footnote 158: _Dos_, dower. “_Dos_ is derived,” says Sir Edward Coke,
“_ex donatione, et est quasi donarium_.” (Co. Litt. 30. b.) Cowell and
Spelman, however, both deduce it from the French _douaire_. (Cowell and
Spelman’s Gloss. ad voc.) The real objects of Dower are sustenance for
the wife, and nurture and education for the children. (Fleta L. 5. Cap.
23.) The _Romans_ were not in the habit of endowing their wives. When,
therefore, _Tacitus_ met with this peculiarity among the _Germans_, he
was struck with it. _Dotem non Uxor marito sed uxori maritus affert._
(Tacit. de mor. German. 18.) Though Dower was unknown to the Romans, it
seems to have been in use amongst the ancient _Hebrews_, (Gen. 34. 12.
Exodus 22. 16. et al.) Nor was it unknown to the _Grecians_, if we may
judge from that part of the Odyssey where Vulcan reclaims the Dower he
had given to his frail wife. It seems to have been known to the ancient
_Gauls_, (Cæsar, de bello Gallico L. 6. c. 18.) And to the _Cantabri_,
(Strabo L. 3.) _Craig_, however, doubts whether there was any such
thing as dower amongst the ancient Northern Nations. (Jus Feud. L.
2. Dieg. 14.) The _Goths_ did not allow Dower to exceed a _tenth_.
(Wisegoth. L. 3. t. 1. l. 4.)
The _Assises of Jerusalem_ gave a _half_, (c. 187.)—the same portion
as the Laws of the Ancient Duchy of _Burgundy_—(Chass. consuet. ducat.
Burg. rub. 4. s. 6. col. 580.) The _Saxons_ (LL. tit. 8.) _præter dotem
quam in nuptiis adepta est_, allowed the _half_ of what the Husband and
Wife subsequently acquired. A Law of Edmund gave the _half_. (LL. Edm.)
The _Longobardi_ allowed Dower to extend to the _fourth_ part. (L. 2.
tit. 4.) The _English_, the _Scotch_, and the _Normans_, following in
this respect the _Sicilians_ and _Neapolitans_, have allowed Dower
to extend to a _third_. (Vide LL. Hen. 1. 70. Ed. Wilkins.—Le Grand
Custum. de Norm. c. 102.—the Regiam Majm. L. 2. c. 16.)]
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