Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/147

 Ch. 8. prely, that a woman may be endowed ad otium eccleiae with more than a third part ; and hall have her election, after her huband's death, to accept uch dower, or refue it and betake herelf to her dower at common law. Which tate of uncertainty was probably the reaon, that thee pecific dowers, ad otium eccleiae and ex aenu patris, have ince fallen into total diue.

therefore to conider the method of endowment, or aigning dower, by the common law, which is now the only uual pecies. By the old law, grounded on the feodal exactions, a woman could not be endowed without a fine paid to the lord; neither could he marry again without his licence; left he hould contract herelf, and o convey part of the feud, to the lord's enemy. This licence the lords took care to be well paid for; and, as it eems, would ometimes force the dowager to a econd marriage, in order to gain the fine. But, to remedy thee oppreions, it was provided, firt by the charter of Henry I, and afterwards by magna carta , that the widow hall pay nothing for her marriage, nor hall be ditreined to marry afreh, if he chooes to live without a huband; but hall not however marry againt the conent of the lord: and farther, that nothing hall be taken for aignment of the widow's dower, but that he hall remain in her huband's capital manion-houe for forty days aften his death, during which time her dower hall be aigned. Thee forty days are called the widow's quarentine; a term made ue of in law to ignify the number of forty days, whether applied to this occaion, or any other. The particular lands to be held in dower, mut be aigned by the heir of the huband, or his guardian; not only for the ake of notoriety, but alo to entitle the lord of the fee to demand his ervices of the heir, in repect of the lands o held. For the heir by this entry becomes tenant Rh