[001] not the mother's heir, [who] for that reason will have an action after his mother [002] death.> If one has his entry through a second husband into land the wife had in dower [003] of the gift of her first husband, let this writ then issue
Writ if dower has been aliened by a second husband.
[005] ‘The king to the sheriff, greeting. Order such a one that rightfully etc. he render to [006] such a one so much land with the appurtenances in such a vill which she claims is her [007] rightful dower (or ‘of the rightful dower which she had of the gift of her first husband’) [008] and in which the aforesaid has no entry except through such a one, her second husband, [009] who demised it to him, whom she could not gainsay in his lifetime, as she says. [010] And unless he does etc., (as above).’ How she ought to be answered1 and the matter [011] determined may be seen well enough above by example. If the husband aliens the [012] dower the wife had by the gift of a former husband, which after the wife's death ought [013] to revert to the heirs of the first husband, the heir is aided by this writ.
Writ if the husband aliens the wife's dower.
[015] ‘The king to the sheriff, greeting. Order such a one that rightfully etc. he render to [016] such a one so much land etc. in which he has no entry except through such a one who [017] demised it to him and who held it as the dower of his wife by the gift of her former [018] husband, the father (or ‘brother,’ ‘grandfather,’ or ‘uncle’ or ‘cousin’ or ‘ancestor’) of [019] the aforesaid, whose heir he is, as he says. And unless he does so etc. (as above).’
Writ which lies for the heir if the wife aliens her dower.
[021] If the heir claims dower aliened by the wife herself, then thus: ‘and in which the [022] aforesaid has no entry except through such a one, the wife of such a one, who held it. [023] in dower by the gift of the aforesaid, her former husband, the father (or ‘brother’ etc. [024] as above).’
If the husband aliens his wife's dower.
[026] If the husband aliens the dower and the wife claims, then thus: ‘which she claims is [027] her dower, which she had by the gift of her first husband and in which he has no entry [028] except through her second husband, who transferred it to him per voluntatem, whom [029] she could not gainsay, as she says. And unless he does so etc.’ Or in another way: ‘and [030] in which he has no entry except through such a one, her former husband, who sold it [031] to him, whom she could not gainsay in his lifetime etc.’
If the wife aliens dower.
[033] If the heir claims that the wife demised what she held in dower, then thus: ‘in which [034] he has no entry except through such a one, the wife of such a one, the grandfather of [035] the aforesaid, whose heir he is, through whose gift she held it
Volume 4, Page 34
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