ture[1]. But the moſt uſual method of barring dowers is by jointures, as regulated by the ſtatute 27 Hen. VIII. c. 10.
A jointure, which ſtrictly ſpeaking ſignifies a joint eſtate, limited to both huſband and wife, but in common acceptation extends alſo to a ſole eſtate, limited to the wife only, is thus defined by ſir Edward Coke[2]; "a competent livelyhood of freehold for the wife, of lands and tenements; to take effect, in profit or poſſeſſion, preſently after the death of the huſband; for the life of the wife at leaſt." This deſcription is framed from the purview of the ſtatute 27 Hen. VIII. c. 10. before-mentioned; commonly called the ſtatute of uſes, of which we ſhall ſpeak fully hereafter. At preſent I have only to obſerve, that, before the making of that ſtatute, the greateſt part of the land of England was conveyed to uſes; the property or poſſeſſion of the ſoil being veſted in one man, and the uſe, or profits thereof, in another; whoſe directions, with regard to the diſpoſition thereof, the former was in conſcience obliged to follow, and might be compelled by a court of equity to obſerve. Now, though a huſband had the uſe of lands in abſolute fee-ſimple, yet the wife was not entitled to any dower therein; he not being ſeiſed thereof: wherefore it became uſual, on marriage, to ſettle by expreſs deed ſome ſpecial eſtate to the uſe of the huſband and his wife, for their lives, in joint-tenancy or jointure; which ſettlement would be a proviſion for the wife in caſe ſhe ſurvived her huſband. At length the ſtatute of uſes ordained, that ſuch as had the uſe of lands, ſhould, to all intents and purpoſes, be reputed and taken to be abſolutely ſeiſed and poſſeſſed of the ſoil itſelf. In conſequence of which legal ſeiſin, all wives would have become dowable of ſuch lands as were held to the uſe of their huſbands, and alſo entitled at the ſame time to any ſpecial lands that might be ſettled in jointure; had not the ſame ſtatute provided, that upon, making ſuch an eſtate in jointure to the wife before marriage, ſhe ſhall be for ever precluded from her dower[3]. But then theſe
