Bracton: Thorne Edition: English. Volume 3, Page 404

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Volume 3, Page 404

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[001] she neither appears nor essoins¹ herself lawfully after the second summons and the
[002] taking of the land into the king's hand, there will be no further forbearance, but let
[003] the sheriff proceed at once to the admeasurement, because of the odium connected
[004] with the second default, and after making the extent and valuation, adjudge to
[005] each what he ought to have.

When the parties are present let the plaintiff put his claim forward in this way.

[007] When the parties are present let the plaintiff put forward his intentio against the
[008] woman in this way, according to the form of the writ: ‘A. complains that B. who was
[009] the wife of C. has more in dower of the tenement which belonged to C. the father (or
[010] other ancestor, as above) of the same A, whose heir he is, than it is proper for her to
[011] have. And he says that she has in such a vill half of one carucate of land whereas
[012] she was only endowed of a third part (or ‘that she has almost the whole manor
[013] when she was endowed only of some small part, with which she held herself content,’
[014] or ‘that she has much more in dower than she ought to have, more than the third
[015] part,’ or ‘the half,’ or ‘the part of which she was specifically endowed.’).’ And that
[016] she was so endowed and not in any other way, he may produce suit or an instrument
[017] or something other to prove his intentio. If the woman denies this, it will sometimes
[018] be necessary to go back to the constitution of dower, how it was constituted, and
[019] that being proved, let the admeasurement proceed,² unless the woman has exceptions
[020] and answers against the admeasurement, why it ought not to proceed. For
[021] long duration of time sometimes bars admeasurement forever, since every plaint
[022] and every actio iniuriarum is confined within fixed times.³ The agreement and consent
[023] of the heir also bars admeasurement,⁴ [if] he was of full age when he assigned
[024] dower to the woman, because to one who knows and consents no wrong is done,⁵
[025] and it suffices that he once wished it,⁶ and he knew or ought to know. And so when the
[026] chief lord or another assigns dower, [and] the heir, having come to full age, ratifies
[027] that assignment by consent, tacit or express, provided that it can be proved. Tacit,
[028] by dissimulating for a long time; express, if he expressly consents, by an instrument
[029] or in some other way. [In an action of admeasurement the improvements made by
[030] the woman in her dower after assignment are not to be taken into account. [The value]
[031] at the time of the assignment must be regarded.]⁷ She may say that the heir wrongfully

Notes

1. ‘venerit nec se essoniaverit’

2. ‘admensuratione’

3. Supra ii, 288, 293, iii, 168

4. Supra ii, 268

5. Supra ii, 67, 149, 156

6. D. 43.3.1.4

7. Infra 405