[Footnote 159: _Tempore desponsationis._ _Affiance_ and _Marriage_ seem to be perfectly distinct things in the Civil and Canon Laws. (Vide Lyndw. Provinc. 271.) but our law books, it is said, use the terms promiscuously, as being synonymous. (See Co. Litt. 34. a. and Mr. Hargrave’s note.)] [Footnote 160: _Or at the Door of the Monastery_, say the Mirror and Lord Coke. (Mirror. c. 1. s. 3. Co. Litt. 34. a.) The reason for requiring the endowment to be made at the door of these places was to give publicity to the transaction. (Bracton 92. a. Fleta L. 5. c. 23.)] [Footnote 161: _Tempore matrimonii_ is the expression of the Grand Norman Custumary, (c. 102.) and of the Regiam Majestatem (L. 2. c. 16.) and _die quo eam desponsavit_ is the language of Bracton (92. a.) and Fleta (L. 5. c. 24.) notwithstanding that the 7th chapter of Magna Carta enlarged the widow’s claim to a third part of all such lands as the Husband is seised of _in vita sua_ or, as it has been translated, _during the coverture_; and thus it has stood ever since, though not without having been materially encroached upon, by the comparatively modern doctrine of _Trusts_.] [Footnote 162: For this purpose our Author gives us the form of a Writ, Chapter 18th of the present Book.] [Footnote 163: “Lest, by such liberal endowments, the Lord should be defrauded of his wardships and other feudal profits.” (2 Bl. Com. 133. See also Grand Cust. de Norm. c. 18.) It is a remarkable peculiarity of Legislation, that the same Law is frequently the result of principles the most different—thus, the modern French code tells us, that it will not allow the Dowry to be augmented during the marriage. (Code Napoleon s. 1543.)] CHAP. II. Should it happen, as it sometimes does, that a man endows a Woman, having but a small freehold at the time of his being affianced, he may afterwards enlarge her Dower to the third part or less of the Lands, he may have[164] purchased. [Footnote 164: _Questus_, more properly, says Spelman, _quæstus_ from _quæro_, purchased Lands, contradistinguished to Lands acquired by inheritance. (Vide Spelm. Gloss. ad voc. and Co. Litt. 18. a.) Purchased Lands were designated under the feudal Law by the _feudum novum_. (Craig Jus feud. L. 1. Dieg. 10. s. 13.)]