accompanied it into whatever hands it afterwards went, and gave her
the right of following and reclaiming it. But, if the endowment were
general, and no particular land specified, the Wife did not acquire any
immediate right, on account of the uncertainty; it being questionable,
what identical allotment would fall to her share, until the assignment
took place. (Bracton 300. b.)]
CHAP. IV.
Upon the death of the Husband of a Woman, her Dower, if it has been
named, will either be vacant or not.
In the former case, the woman may, with the consent of the Heir, enter
upon her Dower,[170] and retain the possession of it. If, however,
the Dower be not vacant, either the whole will be so circumstanced, or
some part will be vacant, and some not. If a certain part be vacant,
and a certain part not, she may pursue the course we have described,
and enter into the part which is vacant; and for the residue, she shall
have a Writ of Right, directed to her Warrantor[171] in order to compel
him to do complete Justice concerning the Land, which she claims as
appertaining to her reasonable Dower, which Writ shall be as follows:——
[Footnote 170: It seems, that the Widow took possession of the property
in the same state in which it existed at the death of her Husband,
whether in cultivation, or otherwise, with the fruits, returns, and all
other things appertaining to it. (Bracton 98. a. Fleta L. 5. c. 24. s.
2.)]
[Footnote 171: Namely, the Heir of her Husband. (Vide Reg. Maj. L. 2.
c. 16.)]
CHAP. V.
“The King to _M._ Health.[172] I command you that, without delay, you
hold full right to _A._ who was the Wife of _E._ of one Hyde of Land,
in such a Vill, which she claims to belong to her reasonable Dower,
which she holds of you in the same Vill by the free service of ten
shillings, by the year, for every service, of which _N._ has deforced
her: and unless you do so, the Sheriff shall,[173] least she should
anymore complain, for want of Justice. Witness &c.”
[Footnote 172: Vide F.N.B. 18.]
[Footnote 173: Among the Constitutions of the Ancient kings, the Mirror
informs us, “it was ordained, that after a Plaint of wrong be sued,
that no other have Jurisdiction in the same place, before the first
Plaint be determined: and from thence came this clause in a Writ of
Right, _Et nisi feceris vicecomes faciat_.” (Mirror c. 1. s. 3.)]
CHAP. VI.
The Plea shall be discussed in the Court of the Warrantor by virtue
of this Writ, until it be proved that such Court has failed in doing
Justice, concerning the nature of which, we shall speak in another
place.[174] Upon proof of this, the Suit shall be removed into the
County Court, through the medium of which, the Suit may, at the
pleasure of the King or his Chief Justiciary, be lawfully transferred
to the King’s Court by the following Writ:[175]——
[Footnote 174: V. Infra L. 12. c. 7.]
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