Bracton: Thorne Edition: English. Volume 3, Page 367

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Volume 3, Page 367

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[001] the heir is of full age the writ is varied, as above in the case of specified dower.¹
[002] This clause is sometimes added to this writ: ‘Consequently it was decided in our
[003] same court that the aforesaid A. have land to the value of the aforesaid third part
[004] from the land of the said D. if the land of the same D. amounts to the value of the
[005] aforesaid third part. If it does not, let her have what is lacking from the land of the
[006] same C. up to the amount of the third part which the aforesaid A. claims in dower
[007] against the same C. And therefore we order you, having first made an extent, to the
[008] same A. etc. (as above) to the value of the third part, [from the land of the same D.]
[009] and in the same way from the land of the same C.² etc.’ And note that though the
[010] principal tenant is under age, the exaction of dower will not on that account remain,
[011] as was said above, whether the dower is specified or not, and thus each will remain in
[012] seisin, as said above, until the minor-warrantor comes of age. Then let him, if he can,
[013] deliver the land he warranted, and have back his escambium.³ A writ on the same
[014] matter for having seisin where the woman recovers her specified dower against the
[015] tenant.⁴

A writ that she recover and the heir provide escambium to the value to the feoffee.

[017] ‘The king to the sheriff, greeting. Know that when in our court etc. A. who was the
[018] wife of B. claimed against C. so much land with the appurtenances in such a vill as
[019] her dower, of which she was specifically endowed, the same C. came into the same
[020] court and vouched to warranty D. the son and heir of the aforesaid B. by virtue
[021] of the charter of the same B. his father, which he put forward. Since the said D. was
[022] present and under age, it was decided that the same A. should recover her seisin of
[023] the aforesaid land with the appurtenances against the same C.⁵ as her specified
[024] dower, and that C. have escambium to the value of the aforesaid land with the
[025] appurtenances from the land which belonged to the same B., which is in the wardship
[026] of the same A., in such a vill, until the legal age of the same D. and that the
[027] same D. should then deliver to C. the aforesaid land in the aforesaid vill, if he can,
[028] and have back the aforesaid escambium. But if he cannot, let the aforesaid A. hold
[029] the aforesaid land during her whole life. And therefore we order you, taking with
[030] you twelve etc., to go in your own person etc. and by their oath etc. and by their
[031] view of the land of the same D. in N. which is in the wardship of A., to cause to be
[032] assigned to C. escambium to the value of the aforesaid land, in accordance with what
[033] was said above, saving

Notes

1. Supra 366

2. ‘C’

3. Supra 366

4. ‘ubi . . . super tenentem,’ from rubric

5. ‘C’