preſſly, that a woman may be endowed ad oſtium eccleſiae with more than a third part[1]; and ſhall have her election, after her huſband's death, to accept ſuch dower, or refuſe it and betake herſelf to her dower at common law[2]. Which ſtate of uncertainty was probably the reaſon, that theſe ſpecific dowers, ad oſtium eccleſiae and ex aſſenſu patris, have ſince fallen into total diſuſe.
I proceed therefore to conſider the method of endowment, or aſſigning dower, by the common law, which is now the only uſual ſpecies. By the old law, grounded on the feodal exactions, a woman could not be endowed without a fine paid to the lord; neither could ſhe marry again without his licence; left ſhe ſhould contract herſelf, and ſo convey part of the feud, to the lord's enemy[3]. This licence the lords took care to be well paid for; and, as it ſeems, would ſometimes force the dowager to a ſecond marriage, in order to gain the fine. But, to remedy theſe oppreſſions, it was provided, firſt by the charter of Henry I[4], and afterwards by magna carta[5], that the widow ſhall pay nothing for her marriage, nor ſhall be diſtreined to marry afreſh, if ſhe chooſes to live without a huſband; but ſhall not however marry againſt the conſent of the lord: and farther, that nothing ſhall be taken for aſſignment of the widow's dower, but that ſhe ſhall remain in her huſband's capital manſion-houſe for forty days aften his death, during which time her dower ſhall be aſſigned. Theſe forty days are called the widow's quarentine; a term made uſe of in law to ſignify the number of forty days, whether applied to this occaſion, or any other[6]. The particular lands to be held in dower, muſt be aſſigned[7] by the heir of the huſband, or his guardian; not only for the ſake of notoriety, but alſo to entitle the lord of the fee to demand his ſervices of the heir, in reſpect of the lands ſo held. For the heir by this entry becomes tenant
