[Footnote 186: “The great Third,” says Skene, “shall not be computed,
in the division of a second third.” (Reg. Maj. L. 2. c. 16.)]
[Footnote 187: “Qualified Clerk, in life and literature.” (Reg. Maj. L.
2. c. 16.)]
[Footnote 188: “Seeing,” adds Skene, “a College never dies.” (Reg. Maj.
L. 2. c. 16.)]
But if the Husband of the woman happen in his lifetime to bestow the
Church upon the Clerk, the latter shall, during the whole of his
life, retain such Church; although he were presented subsequently
to the period when the woman was endowed of that Land. If, however,
the Husband should, in the interval, bestow the Church upon any
religious House, the Church ought, after the death of the Husband, to
be delivered to his Widow, so that in the course of her life she may
have a free Presentation.[189] But, after the death of the woman, and
of the Clerk instituted Parson upon her Presentation, the Church shall
revert to the religious House, and shall for ever after so remain. It
may also be observed, that if the wife should, in the lifetime of her
Husband, be separated from him on account of incontinence, the Woman
shall not be heard upon a claim of Dower.[190] The same rule prevails,
if she be separated from him on account of Relationship[191]—she
shall be debarred from claiming her Dower. And yet her children may
inherit, and, by the Law of the Realm, shall succeed to their Father
by hereditary Right.[192] Observe also, that when the Son and Heir of
any one marries, with the consent of his Father, and, by the Assignment
of his Father, endow his Wife with a certain part of the Land of his
Father,[193] it may be questioned whether the Wife can demand any more
as dower?[194] If her Husband die previously to his Father, it may be
doubted, whether she can retain the Land in question, as her Dower,
and whether the Father of her Husband be bound to warrant such Land to
her?[195] If a woman have more Land in Dower than she ought, that is,
more than belongs to her, let the Sheriff be commanded to admeasure it,
and for this purpose the following Writ shall issue——
[Footnote 189: “If the Husband gave the Church to any Religious House,
after his decease his Heir shall deliver the church to the Wife,
so that during all the days of her life she may have the right of
Presentation thereof.” (Reg. Majest. L. 2. c. 16.)]
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