Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/149

 Ch. 8. ture. But the mot uual method of barring dowers is by jointures, as regulated by the tatute 27 Hen. VIII. c. 10.

, which trictly peaking ignifies a joint etate, limited to both huband and wife, but in common acceptation extends alo to a ole etate, limited to the wife only, is thus defined by ir Edward Coke ; "a competent livelyhood of freehold for the wife, of lands and tenements; to take effect, in profit or poeion, preently after the death of the huband; for the life of the wife at leat." This decription is framed from the purview of the tatute 27 Hen. VIII. c. 10. before-mentioned; commonly called the tatute of ues, of which we hall peak fully hereafter. At preent I have only to oberve, that, before the making of that tatute, the greatet part of the land of England was conveyed to ues; the property or poeion of the oil being veted in one man, and the ue, or profits thereof, in another; whoe directions, with regard to the dipoition thereof, the former was in concience obliged to follow, and might be compelled by a court of equity to oberve. Now, though a huband had the ue of lands in abolute fee-imple, yet the wife was not entitled to any dower therein; he not being eied thereof: wherefore it became uual, on marriage, to ettle by expres deed ome pecial etate to the ue of the huband and his wife, for their lives, in joint-tenancy or jointure; which ettlement would be a proviion for the wife in cae he urvived her huband. At length the tatute of ues ordained, that uch as had the ue of lands, hould, to all intents and purpoes, be reputed and taken to be abolutely eied and poeed of the oil itelf. In conequence of which legal eiin, all wives would have become dowable of uch lands as were held to the ue of their hubands, and alo entitled at the ame time to any pecial lands that might be ettled in jointure; had not the ame tatute provided, that upon, making uch an etate in jointure to the wife before marriage, he hall be for ever precluded from her dower. But then thee Rh