Bracton: Thorne Edition: English. Volume 3, Page 405

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Volume 3, Page 405

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[001] alleges that she has more in dower than she ought to have, because she has nothing
[002] more than rightful dower according to the law of the land, or no more than was
[003] constituted for her, though of a smaller¹ amount than rightful dower, and let her
[004] prove this by suit or in some other way, if she can. She may also say, taking the
[005] improvements into account, that in the year and day her husband died the land she
[006] now holds in dower did not amount to a full third part of her husband's entire
[007] inheritance, and that, if she later improved it, such improvements ought not to be
[008] included in the valuation, as [in the roll] of Michaelmas term in the thirteenth and
[009] the beginning of the fourteenth years of king Henry, about the middle of the roll.²
[010] If this can be proved, her dower will remain to her as it was constituted.

What belongs to a woman after the constitution and assignment of dower.

[012] After dower has been constituted and assigned, nothing of the proprietas belongs to
[013] the woman,³ nothing but seisin and the free tenement for her life, [so that] she can
[014] do nothing by which anyone⁴ may have a perpetuity, only for as long as she can
[015] warrant it, because the right of property remains with the heir, or with another to
[016] whom the right has come, as in the name of escheat or⁵ by reason of alienation and
[017] sale, who⁶ [is] the warrantor of her dower. Hence she can claim nothing except to
[018] use and enjoy the dotal property, without waste, destruction or exile. She may take
[019] reasonable estovers in the woods for building, burning and fencing within her
[020] dower, not outside it,⁷ and if she commits waste, destruction, or exile in excess of
[021] rightful estovers, the heir or other owner may stop her without acting contrary to
[022] law. Nor will the assise of novel disseisin lie for the woman if she complains that she
[023] is thus disseised of her free tenement, for only rightful estovers are granted her,
[024] which do not include waste.⁸ If she cannot be prevented, recourse must be had to
[025] a superior, namely, the king, who will order the sheriff not to permit the woman to
[026] do waste. If she does not desist on this order, let her be attached to appear coram
[027] rege to show why she commits waste. The writ to the sheriff, directing him not to
[028] permit, will be this:

If a woman has committed waste and destruction in her dower; of prohibiting waste.

[030] ‘The king to the sheriff, greeting. We order you not to permit such a woman to
[031] commit waste, sale or exile of the lands,

Notes

1. ‘minori,’ as supra 402

2. ‘ut de termino . . . rotuli,’ from lines 4-6; B.N.B., no 365; no roll extant

3. Supra ii, 281

4. ‘aliquis’

5. ‘vel’

6. ‘qui’

7. Infra 406

8. Supra 36, 153