CHAP. VI.
Villeins-born are such from their Birth. Thus, if both the parents are Villeins-born, the Offspring is a Villein-born.[154] The same may be said where the Father is free but the Mother a Villein-born. If, however, the Mother be free, and the Father a Villein-born, the same rule prevails, as far as the purity of Condition be in question.
If a freeman take to wife a woman born in Villenage, whilst he so continues bound to the state of Villenage, he shall as a consequence lose his Law, as if he himself were a Villein-born.[155] If there be any children resulting from the connection of a Woman born in Villenage belonging to one person, and a Man born in that state belonging to another, the children shall be proportionably divided between the two Lords.[156]
Book VI.
OF DOWER.[157]
CHAP. I.
The term Dower is used in two senses. Dower,[158] in the sense in which it is commonly used, means that which any free man at the time of his being affianced,[159] gives to his Bride at the Church Door.[160] For every Man is bound as well by the Ecclesiastical Law, as by the secular, to endow his Bride, at the time of his being affianced to her. When a man endows his Bride, he either names the Dower, or not. In the latter case, the third part of all the Husband’s freehold Land is understood to be the Wife’s Dower; and the third part of all such freehold Lands as her Husband held, at the time of affiancing,[161] and of which he was seised in his Demesne, is termed a Woman’s reasonable Dower. If, however, the Man name the Dower, and mention more than a third part, such designation shall not avail, as far as it applies to the quantity. It shall be reduced by admeasurement to the third part;[162] because a Man may endow a Woman of less, but cannot of more, than a third part of his Land.[163]