C.

_Solemnisation of Matrimony_ (Vol. ii., p. 464.).--A. A. will find, from

Blackstone's _Commentaries_, vol. ii. p. 135., that in feudal times a

husband had the power of protecting his lands from the wife's claim to

dower, by endowing her, _ad ostium Ecclesiæ_, with specific estates to the

exclusion of others; or, if he had no lands at the time of the marriage, by

an endowment in goods, chattels, or money. When special endowments were

thus made, the husband, after affiance made and troth plighted, used to

declare with what specific lands he meant to endow his wife ("_quod dotat

eam de tali manerio_," &c.); and therefore, in the old York ritual (_Seld.

Ux. Hebr._ l. ii. c. 27.) there is at this part of the matrimonial service

the following rubric--"_Sacerdos interroget dotem mulieris; et si terra ei

in dotem detur, tunc dicatur psalmus iste_", &c. When the wife was endowed

_generally_, the husband seems to have said "with all my lands and

tenements I thee endow," and then they all became liable to her dower. When

he endowed her with personalty only, he used to say, "with all my worldly

goods (or, as the Salisbury ritual has it, "with all my worldly chattels")

I thee endow," which entitled the wife to her thirds, or _pars

rationabilis_, of his personal estate, which is provided for by Magna

Charta, cap. 26. The meaning, therefore, of the words noticed in A. A.'s

Query, if they can be said to have any meaning in the present state of the

law, is simply that the wife's dower is to be general, and not specific,

or, in other words, that she is to have her _pars rationabilis_ in _all_

her husband's goods.

Notes and Queries, Number 77, April 19, 1851 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 49 / 78 题