Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/145

 Ch. 8. where tenant in fee-imple of full age, openly at the church door, where all marriages were formerly celebrated, after affiance made and (ir Edward Coke in his tranlation adds) troth plighted between them, doth endow his wife with the whole, or uch quantity as he hall pleae, of his lands; at the ame time pecifying and acertaining the ame: on which the wife, after her huband's death, may enter without farther ceremony. 4. Dower ex aenu patris ; which is only a pecies of dower ad otium eccleiae, made when the huband's father is alive, and the on by his conent, exprely given, endows his wife with parcel of his father's lands. In either of thee caes, they mut (to prevent frauds) be made in facie eccleiae et ad otium eccleiae; non enim valent facta in lecto mortali, nec in camera, aut alibi ubi clandetina fuere conjugia.

is curious to oberve the everal revolutions which the doctrine of dower has undergone, ince it's introduction into England. It eems firt to have been of the nature of the dower in gavelkind, before-mentioned; viz. a moiety of the huband's lands, but forfeitable by incontinency or a econd marriage. By the famous charter of Henry I, this condition, of widowhood and chatity, was only required in cae the huband left any iue : and afterwards we hear no more of it. Under Henry the econd, according to Glanvil, the dower ad otium eccleiae was the mot uual pecies of dower; and here, as well as in Normandy , it was binding upon the wife, if by her conented to at the time of marriage. Neither, in thoe days of feodal rigour, was the huband allowed to endow her ad otium eccleiae with more than the third part of the lands whereof he then was eied, though he might endow her with les; left by uch liberal endowments the lord hould be defrauded of his wardhips and other feodal profits. But if no Rh