Bracton: Thorne Edition: English. Volume 3, Page 395

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Volume 3, Page 395

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[001] of William of Ralegh in the county of Leicester near the end [of the roll],¹ and more
[002] fully expressed in the eyre of the abbot of Reading and Martin of Pateshull in the
[003] county of Hereford in the fifth and the beginning of the sixth years of king Henry
[004] [the case] of Ancelina Pykedenote.>² [Or] that the condition did not occur in the
[005] lifetime of her husband though it has since occurred. To which the woman may
[006] reply that though the condition did not occur in her husband's time, nor was the
[007] dower delivered in his time, nevertheless she was endowed subject to the condition
[008] that such a thing would be assigned her for her dower whenever the condition occurred,
[009] or whenever the dower was delivered.³ And if the tenant alleges the contrary,
[010] let the matter proceed to an inquest to inquire into the truth.

An exception against the woman that her husband committed a felony of which he was convicted.

[012] The tenant may acknowledge that the woman's husband was seised as of right and
[013] in demesne, so seised that he could endow her, and that he endowed her at the church
[014] door, but [say that] he afterwards committed a felony of which he was convicted and
[015] hanged, or outlawed, or that he abjured the realm. And that, though dower was
[016] properly constituted at the church door, it may not be claimed, a felony having
[017] supervened and been proved.⁴ Though her claim may appear rightful at first sight,
[018] it is nullified by⁵ the exception of felony, [for] though dower is properly constituted
[019] before the commission of a felony, nevertheless after⁶ the felony it cannot be claimed,
[020] because of the exception of felony, no more than seisin of land given [may be claimed]
[021] after the death of the donor of which [the donee] had no seisin in the donor's lifetime,
[022] though all the other elements necessary for a gift are present, namely, a formal
[023] acknowledgment of the gift made in the county, hundred, or seignorial court, with
[024] a charter and homage and everything else, for seisin had in the lifetime of the donor
[025] is the whole operative factor. Similarly, though a gift is made by the felon before
[026] the felony, [if] it is without seisin the gift will be valueless though afterwards, after
[027] the felony, [the donee] has seisin, provided the felony is proved in some way. It
[028] is otherwise if everything is properly done before the felony; nor may it be revoked⁷
[029] [if] it is done after the felony, where it is not proved, [as above [in the portion] on
[030] gifts, on this matter.]⁸ And thus though dower has been properly constituted before
[031] the felony, after it a woman cannot claim that it be assigned⁹ her, except in a special
[032] case, as in Kent, as was more fully explained above, among the pleas of the crown.
[033] ¹⁰<But this must be understood to mean that a woman [will have] dower and the
[034] heir his inheritance of land which [the felon] holds in gavelkind, but not of a military
[035] fee, as [in the roll] of Michaelmas term in the seventh and the beginning of the eighth
[036] years of king Henry, [the case] of a certain Thomas

Notes

1. Not in B.N.B.; no roll extant

2. Not in B.N.B.; no roll extant

3. Supra 388, 392

4. Supra 360

5. ‘per’

6. ‘post’

7. ‘revocetur’

8. Supra ii, 82, 99, 100

9. ‘assignata’

10. Supra i, 409