Magna Carta: A Commentary on the Great Charter of King John
Chapter Seven.
20th Century William Sharp McKechnie EnglishVidua post mortem mariti sui statim et sine difficultate habeat maritagium et hereditatem suam, nec aliquid det pro dote sua, vel pro maritagio suo, vel hereditate sua quam hereditatem maritus suus et ipsa tenuerint die obitus ipsius mariti, et maneat in domo mariti sui per quadraginta dies post mortem ipsius, infra quos assignetur ei dos sua.
A widow, after the death of her husband, shall forthwith and without difficulty have her marriage portion and inheritance; nor shall she give anything for her dower, or for her marriage portion, or for the inheritance which her husband and she held on the day of the death of that husband; and she may remain in the house of her husband for forty days after his death, within which time her dower shall be assigned to her.
No forethought of a Crown tenant, setting his house in order, could rescue his widow from the unfortunate position into which his death would plunge her. He must leave her without adequate protection against the tyranny of the King, who might inflict terrible hardships by harsh use of rights vested in him for the safeguard of his feudal incidents. She might, if deprived of her “estovers,” find herself in actual destitution, until she had made her bargain with the Crown. She had a right, indeed, to one–third of the lands of her husband (her dos rationalis) in addition to any lands she might have brought as a marriage portion; but she could only enter into possession by permission of the King, who had prior claims and could seize everything by his prerogative of primer seisin. This chapter provides a remedy. Widows shall have their rights without delay, without difficulty, and without payment.