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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 2   View pdf image (33K)
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2 9 H. 3, CAP. 7, DOWER.

2 which were his during cover-
ture, except she were endowed
of less at the church door.
(6) No widow shall be dis-
trained to marry herself;
nevertheless she shall find
surety, lli.n she sliail not
marry without our license and
assent (if she liold of us) nor
without the assent of the Lord,
if she hold of another.

diim voluerit vivcre sine niari-
to ita tameu, quod securitatem
facial, quod se lion maritabit
sine assensu uostro si de nobis
ienuerit, vel sine assensu dom-
ini sui si. de alio temierit.

The exceptions of cases where the house was a castle, and of endowment
at the church door were not applicable to the province.
With respect to the meaning of the word niaritogium, here translated
marriage, there seems to be some difference of opinion. Lord Coke, 2 Inst.
16, saya, that the meaning is that widows may marry when they will with-
out any license or assent of their lords. On the other hand it is said, that
"marifagium is a technical word and signifies a portion of land given in
consideration of the marriage." Such gifts were made by some relative of
the wife to the husband with his wife, or to both of them, or to a woman
ad se maritandam, and might be made before, or at the time of, or subse-
quently to the marriage contract. If issue of the marriage were born alive,
the gift remained to the husband during his life, unless by its terms it were
to descend to the heirs of the donee. If no issue born alive, the land
reverted to the donor immediately on the death of the wife. See 1 Reeve H.
242. By the law of England before the Conquest, a widow could not marry
again until the expiration of one year after the death of her husband, Co.
Litt., 32 b. And it has been generally considered that by this clause of the
Statute the restriction which had subsisted, at least, to this extent, that
the assent of the lord was necessary to any marriage proposed by the
widow, was entirely abolished. The last paragraph of the chapter which
might lead to a contrary conclusion is explained by Lord Coke "to be under-
stood where such a license of marriage in case of a common person was
due by custome, prescription or special tenure."
Quarantine.—The Quarantine of the widow secured to her by this chapter
of Magna Charta is a privilege peculiar to her state of widowhood, and to
her inhabitancy of her husband's house during the allotted period. "There-
fore if she marry again within the forty days she loseth her quarantine
for then her widowhood is past and she hath provided for herself," 2 Inst.,
17. And her right is also determined by her departure from her husband's
house within the period, and she will not be allowed to return, 1 Bright, H.
& W. 363. In very many of the States special provision is made by law for
this right of the widow, and accordingly in some of them the consequence
of forfeiture does not ensue either upon her marriage or her departure

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 2   View pdf image (33K)
 Jump to  

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