But if upon the Assignment of Dower, no mention was made concerning
purchases, even admitting that at the time of affiance he possessed
but a small Estate, and that he afterwards much increased it, the
Wife cannot claim as Dower more than a third part of such Land as her
Husband held, at the time of being affianced, and when he endowed her.
The same Rule prevails if a Man, not being possessed of any Land,
should endow his Wife with his Chattels,[165] and other things, or
even with Money. Should he afterwards make considerable purchases in
Land and Tenements, the Wife cannot claim any part of such property so
acquired by purchase; it being, with respect to the quantity or quality
of the Dower assigned to any Woman, a general principle, that if she is
satisfied to the extent of her endowment at the door of the Church, she
can never afterwards claim as Dower anything beyond it.[166]
[Footnote 165: It is curious to observe the fluctuations of Law.
Though Glanville in the text expressly lays it down, that a Woman may
be endowed of chattels, or money, which, indeed, could have been the
only mode of endowing in the still more distant ages of Antiquity, yet
this was denied to be law in the Reign of Henry the fourth, (7. H. 4.
13. b.) The Doctrine of the Courts of Equity in the present day, in
admitting equitable bars, seems, in point of substance, to revive the
law as laid down by Glanville. The doctrine of the text is confirmed
by the Regiam Majestatem, and Fleta: but the latter informs us, that
Dowers, of the kind now under discussion, were only so far to be
recovered, as the chattels of the deceased extended. (L. 5. c. 23.)
Hence probably they fell into disuse.]
[Footnote 166: “_Si enim mulier, quando ducta fuerit in uxorem,
concessit et consensit se dotari del mobili vel de terra specificata,
illud ei debet post decessum mariti sui sufficere, quod in contractu
matrimonii concessit se pro dote recipere et consensit._” (Le Grand
Custum. de Normand. c. 102.) “Because she was first content therewith,”
is the reason the Reg. Maj. gives why she should afterwards be confined
strictly to the original designation. (L. 2. c. 16.)]
CHAP. III.
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