Bracton: Thorne Edition: English. Volume 2, Page 273

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Volume 2, Page 273

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[001] ¹because of the aforesaid doubt, whether it was her husband's own right or the
[002] other's. If the demandant's right against her husband is established, there will
[003] be no need to proceed to further proof and the wife's action of dower will fall. If
[004] it is not, let the truth be inquired into by the country, with the reminder that it
[005] be ascertained whether the husband who recognized the other's right could² have
[006] defended himself by an exception and did not, but instead freely restored, or,
[007] though he wished to defend himself and had put forward an exception, the judge by
[008] an incorrect ruling did not admit the proposed exception, since of such matters
[009] account must be taken.³ ⁴Dower [certain and specified or uncertain and unspecified]
[010] may be constituted in another's property just as in one's own, as where one endows
[011] his wife of his paternal or maternal inheritance while his parents are alive, provided
[012] it is done with their consent and agreement,⁵ for otherwise, unless their
[013] consent and agreement⁶ is established, the constitution will be ineffective. That
[014] may be established in many ways, by a document and writing, no matter where
[015] made, provided it may prove that the parents granted their consent, [for it is of no
[016] use if it recites that the father or mother constitute the dower, only if the husband
[017] does, for no other may constitute dower,]⁷ [or] orally, as where the father or mother
[018] or other relative, being present at the church door, declares publicly, in the presence
[019] of persons called together for the purpose, that his son endows his wife of the
[020] inheritance they hold and that they voluntarily give their assent to it. And so if
[021] their consent is given elsewhere than at the church door before the marriage,
[022] provided it is not revoked before or at the time of the marriage by disavowal, for
[023] though the constitution of dower and the modus of the constitution must of necessity
[024] be made at the church door,⁸ it is not absolutely necessary that the assent be given
[025] there, [It is valid whether it precedes or follows the marriage, provided it can be
[026] proved by oral evidence.]⁹ if it would be valid if made at the church door. ¹⁰If the
[027] endowed wife offers a document in court to prove the consent, that the husband has
[028] so endowed her by consent, that proof suffices. If she offers oral proof that suffices,
[029] either being sufficient in itself. If she offers both at the same time and they agree,
[030] it suffices to follow up one and prove it. If they are contradictory, she may choose
[031] one of them at the start and, having chosen one, may not recur to the other abandoned
[032] by her election. Hence if she has chosen a valid proof, it suffices;

Notes

1. Om: ‘uxor eius petit ... per concordiam,’ 272, line 35 to 273 line 2, a repetition of 272, lines 21-5, made necessary by the insertion of the example, nn. 10-11

2. ‘posset’

3. Infra iii, 393

4. New paragraph

5. Supra 265, infra iii, 380

6. ‘voluntate,’ all MSS

7. Infra iii, 380

8. Supra 266

9. ‘dum tamen ... viva voce,’ from line 29; cf. infra iii, 380

10. New paragraph