AND PARTS OF STATUTES
AND PROPER TO BE INCORPORATED.
Magna Charta, 9 Hen. 3.--A. D. 1225.
CHAP. 7. A widow shall have her marriage inheritance
king's widow, &c. (Part.)
Without going at large into the law respecting dower,
it may be proper to observe, that besides
the oppressions which this part of the great charter had provided against,
respecting the marriage of
the widow, it declared that nothing should be taken for the assignment
of her dower, and confirmed
the privilege of her quarentine, or remaining in the chief mansion-house
forty days after her husband's
death, within which time her dower was to be assigned by the heir,
to wit: the third part of all
the lands of her husband, which were his, during coverture. And
so far, it has been in force in the
province and in the state, and is proper to be introduced and incorporated
with our laws.
See further on this subject in the note to 20 Hen. 3,
It is to be observed, also, that the exceptions of cases,
where the house was a castle, and of endowment
at the church door, were not applicable to the province.
CHAP. 8. How sureties shall be charged to the king.
See the note on Ch. 18.
CHAP. 18. The king's debtor dying, the king shall
be first paid.
As to the first part of this chapter, it is observed
in the 2d Inst. 32, that the king, by his prerogative,
should be preferred in satisfaction of his debt, by the executors before
any other, and that if the executor
had sufficient to pay the king's debt, the heir or any purchaser of his
land should not be charged;
which last position is an inference drawn from the statute, but is not
expressed in it.
By common law, the body, goods and lands of a debtor
were liable for his debt to the king; and
the king might have resorted tot he heir, although the executor had assets.
But it is laid down in 2d
Inst. 14, that under the 8th chapter of Magna Charta, and by the process
since the statute 33 Hen. 8,
Ch. 39, (under which such debt might be recovered against the executors
or administrators,) if it appeared
to the sheriff that the goods of the debtor were sufficient for the king's
debt, he ought not to
extend the lands.