Damages on Writ Dower Act 1235
|Damages on Writ Dower Act 1235
|Part of the Statute of Merton|
PROVISIONES DE MERTON. Statutes made at Merton in Crastino Sancti Vincentii (scil. 23. Jan.) Anno 20 HEN. III. and Ann. Dom. 1235.
Damages on Writ Dower Act, 1235 (repealed)
1235 (20 Hen. 3) C A P. I.
IT was provided in the Court of our Lord the King, holden at Merton on Wednesday the morrow after the Feast of St. Vincent, the 20th Year of the Reign of King HENRY the Son of King JOHN, before William 1 Archbishop of Canterbury, and other his Bishops and Suffragans, and before the greater part of the Earls and Barons of England, there being assembled for the Coronation of the said King, and Hellianor the Queen, about which they were all called, where it was treated for the Commonwealth of the Realm upon the Articles underwritten, thus it was provided and granted, as well of the foresaid Archbishops, Bishops, Earls, and Barons, as of the King himself and others." A Woman shall recover Damages in a Writ of Dower.
Dyer 284. pl. 33. 4 Co. 30. 14 H. 8, 25. 38 Ed. 3. 13. 11 H. 4. 39. Fitz. Dower. 24, 46, 59, 73.
Fitz. Damage, 10, 83, 119.
3 Bulstr. 278. V. N. B. fo. 7. Rast. Ent. 22. Co. Lit. 32. b.
2 Inst. 80. 9 H. 3. stat. 1. c. 7.
First, Of Widows which after the Death of their Husbands are deforced of their Dowers, and cannot have their Dowers or Quarentine without Plea, whosoever deforce them of their Dowers orQuarentine of the Lands, whereof their Husbands died seised, and that the same Widows after shall recover by Plea; (2) they that be convict of such wrongful Deforcement shall yield Damages to the same Widows; that is to say, the Value of the whole Dower to them belonging, from the time of the Death of their Husbands unto the Day that the saidWidows, by Judgement of our Court, have recovered Seisin of their Dower, &c. (3) and the Deforcers nevertheless shall be amerced at the King's pleasure.
Seo 51 H. 3. stat. 3. 35 H. 3. c. 12. 32 H. 8. c. 21. 16 Car.2. c. 6. assigning Days in Dower. 13 Ed.1. stat. 1. c. 4. for the Recovery of Dower notwithstanding a feigned Recovery against the Husband by Default. 13 Ed. 1. c. 34. for the Loss of Dower by Adultery. 27 H. 8. c.10. § 6. for barring Dower by Jointure. 1 Ed.6. c. 12. § 17. securing Dower notwithstanding the Treason or Felony of the Husband. 5 & 6 Ed.6. c. 11. §. 13 altering the foregoing. 3 Jac. 1. c. 5. § 13. barring popish Recusants from Dower. And 4 W. & M. c.16. § 5. securing Dower to Widow of Mortgageor.
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