Bracton: Thorne Edition: English. Volume 3, Page 388

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Volume 3, Page 388

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[001] this being proved, her action falls, unless she can replicate that this was done by
[002] her husband whom she could not gainsay in his lifetime, or coerced by some one,
[003] through force and fear; this may be determined by an inquest. [Or] that [she cannot
[004] claim because] she is a neif, and let that be treated in the same way as above, or
[005] she may show the contrary, that she was married to a free man, and in a free bed,¹
[006] and endowed in a free fee, and this may likewise be determined by an inquest. [Or]
[007] because she was satisfied [in another way], with which she held herself content; upon
[008] proof of which she falls from her action. [Or] because she connived at the death of
[009] her husband,² or did something to the disinheritance of the heir against whom she
[010] claims. [Or] that she cannot claim because of the custom of cities. [Or] because her
[011] husband lost [the land] by judgment and the tenant recovered it as his right, or as
[012] his villeinage. [Or] because her husband committed felony, for which he was hanged
[013] or outlawed. [Or] because that land never fell to her husband in his lifetime so that
[014] he could endow her.³ [Or] because at another time the tenant withdrew quit against
[015] her in the same plea, by judgment or in some other way, before such justices. If she
[016] cannot deny these allegations she will fall from her action, unless she can⁴ replicate
[017] and answer the exception. To the allegation that the land was that of his first wife,
[018] she may replicate that it was not his wife's but his own, through the causa of succession
[019] or some other, which may be determined by an inquest. To the allegation
[020] that she was satisfied [in another way], we must then see how, by an escambium of
[021] other land, by some sum of money, or in some other way. If she replicates that she
[022] never received the satisfaction agreed upon, she will still lose her dower; let her sue
[023] on the agreement. To the allegation that she connived at the death of her husband,
[024] she may replicate that though she was accused of this at another time, she withdrew
[025] quit⁵ by judgment. To the allegation that she acted to the exheredation of the heir,
[026] she may replicate that she did it to his advantage, which may be proved by an inquest.
[027] To the allegation of the custom of cities, she may replicate that the custom
[028] is other than that alleged, namely, such or such. Something must therefore be
[029] said⁶ of the writ of dower which ought to be directed to the bailiffs of a city, which
[030] differs [according to the custom of different] cities. The writ for justicing is this.

When an exception touching the custom of a city or borough is put forward against a woman, let a writ issue to the bailiffs of the city.

[032] ‘The king to the sheriff of London (or to the mayor of some city) greeting. We order
[033] you to justice A. that rightfully and without delay and in accordance with

Notes

1. Supra ii, 30, iii, 92, 94, 363

2. B.N.B., no. 160

3. Supra ii, 268

4. ‘possit’

5. ‘quietus’ for ‘petens’

6. ‘dicendum’