[Footnote 195: The Regiam Majestatem lays it down, that the Father of
the Husband shall be compelled to warrant the same to her. (L. 2. c.
16.) Vide Co. Litt. 35. a.]
CHAP. XVIII.
“The King to the Sheriff, Health.[196] _N._ complains to us, that _A._
his Mother, has more in Dower of his Inheritance, than she ought to
have, and than belongs to her to have, to wit, her reasonable Dower.
Therefore, I command you, that justly and without delay, you cause it
to be admeasured; and that, justly and without delay, you cause the
said _N._ to have what he ought of right to have of his inheritance;
and, justly and without delay, cause the said _A._ to have what she
ought to have, and what belongs to her to have, to wit, her reasonable
Dower, least he should again complain for want of Justice. Witness, &c.”
[Footnote 196: Vide F.N.B. 331.]
Book VII.
OF LAWFUL HEIRS, AND BASTARDS, MALE OR FEMALE, OF FULL AGE
OR MINORS; AND OF THE CUSTODY AND PRIVILEGE OF MINORS; AND
CONCERNING ULTIMATE HEIRS, WHO ARE THE LORDS WHEN THE FEE
FALLS INTO THEIR HANDS; AND OF THE HEIRS OF INTESTATES; AND
OF USURERS, AND THEIR HEIRS; AND OF MARRIAGE-HOOD AND OTHER
THE DONATIONS OF ANCESTORS; AND OF THEIR TESTAMENTS AND
DEBTS, ALL WHICH THEIR HEIRS ARE BOUND TO WARRANT.
CHAP. I.
The term Dower is received in a different acceptation in the Roman
Code, according to which, that portion which is given to a Man with a
Woman is, properly speaking, termed Dower; but this corresponds with
what is usually called, Marriage-hood.[197] Every freeman possessed
of Land may give a certain part of it with his Daughter, or with any
other Woman, in Marriage-hood, whether he has any Heir, or not; or
whether his Heir, supposing he has one, consent to such a disposition,
or not—nay, though the Heir expressly dissent from, and forbid it.
Every one may also give a certain part of his freehold Estate[198]
to any person he chuses, in remuneration of his services, or to a
religious Establishment in Free-Alms;[199] that, if seisin follow up
the Donation, the Land shall perpetually remain to the person to whom
it is given and his Heirs, if the terms of the Gift go to that extent.
But, if such a Donation should not be followed up by seisin, nothing
can, after the death of the Donor, be claimed with effect in virtue of
it, contrary to the will of the Heir; because such a disposition is
usually interpreted by the Law of the Realm, rather as a naked promise,
than a real promise or donation. Though it is thus, generally speaking,
lawful for a man, in his lifetime, freely to dispose of the reasonable
part[200] of his Land, in such manner as he may feel inclined, yet the
same permission is not allowed to any one on his death-bed; because
the distribution of the Inheritance would, probably, be then highly
imprudent,[201] were such an indulgence conceded to men, who, in the
glow of a sudden impulse, not unfrequently lose both their memory and
reason.
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