Page:The statutes of Wales (1908).djvu/156

24 XII.

And whereas heretofore women have not been endowed in Wales, the King granteth that they shall be endowed. The dower of a woman is twofold: one is an assignment of the third part of the whole land that belongeth to her husband which were his during coverture, whereof there lieth the Writ of Reasonable Dower elsewhere described in its place, with the other Writs for Wales. The proceeding in this Writ is thus: There being found pledges to prosecute, the deforciant shall be summoned to appear at a certain day, at which, if he come not, he shall be summoned again; at which day, if he come not the woman shall have her dower awarded unto her; that is to say, the third part &c. together with damages, &c. But if the defendant appear he shall be received to answer without having a view of the land; and the woman's demand being made, the tenant shall be directed to answer if he can allege anything wherefore she ought not to have her dower; and if he can allege nothing, the woman shall recover, as above. If he should object that she ought not to have her dower because she was never espoused in lawful matrimony to him whom she calleth her husband, then the Bishop shall be charged to make inquiry of the truth thereof: and that inquiry made, he shall certify it to the Justice of Wales. And according to the Bishop's certificate shall the proceeding to judgment be, after this manner: If the Bishop certify that she was not the lawful wife she shall be foreclosed of her action of dower; if he certify that she was the lawful wife the tenant shall be summoned to appear at a certain day to hear his judgment; at which day if he come not, he shall be summoned unto another day, at which day, whether he come or not,—there being no essoin allowed, the woman shall recover her dower and damages, and the tenant in mercy. Saving always to the King the amerciaments for default. But if he object that she ought not to have her dower because her husband did not hold the tenement whereof she demandeth dower, either on the day when he married her or at any time after, in fee, so that he can thereof have endowed her, the truth of this fact is to be inquired of by the country only, and according to their verdict shall the judgment be awarded. If it be objected unto her that she ought not to have her dower because her husband committed felony, then if the felony be proved, she shall not recover dower. So if