matter of the work; and in proper order and connection, to point out in what particulars these rules have been changed by statute, or judicial decisions, in the different States. In many respects the common law is entirely unchanged, and in those particulars in which modifications have been introduced, especially by statute, we can not fully comprehend the force and object of the enactment making the change, without a clear conception of the rule as it stood before any attempt at its modification. It seemed advisable, therefore, to present fully the rules of the common law relating to dower, and the principles upon which they are founded. In doing this, reference has not unfrequently been made to principles and decisions contained in the ancient books of the law. It is true that much of the matter in these old volumes is now regarded as antiquated and obsolete, and it may be conceded that a portion of it is inapplicable to this country. But it should not be forgotten that these repositories of ancient legal lore are the fountains whence is drawn a large proportion of the law of the present day. Cases may differ materially in their circumstances, while the principles which gov. ern them remain the same. Ancient rules and decisions may not always be precisely applicable to cases arising in modern practice, yet they will generally aid us in arriving at correct conclusions, and not unfrequently furnish the principle by which a given question is to be determined. Hence, while some of the authorities referred to in the ensuing pages, and the principles established by them, may appear to have no special application to the United States, it is believed they will be found not entirely without value. to the American lawyer. I can not conclude these observations without referring, in terms of grateful acknowledgment, to the generous aid received, on more than one occasion, from those friends whose encouraging counsel in the enterprise in which I have embarked has done much to stimulate and sustain me in its prosecution. I can only hope it may hereafter appear that these evidences of friendly regard and kindly interest were not unworthily bestowed. In a work in which it is attempted to embody the material provisions of the legislation of thirty-four different States on the subject of dower, and to collate the various judicial decisions relating to the same subject, it would be strange if errors did not exist. But having labored faithfully to make it accurate and reliable, I venture the hope that the volume now submitted, notwithstanding its imperfections, will be received with that generous indulgence which is so eminently characteristic of the profession. CHARLES H. SCRIBNER. MOUNT VERNON, OHIO, January, 1864. CONTENTS. 2. Supposed antiquity of dower. 3. Dower not known to the ancient Britons. 5. Marriage custom of the ancient Germans. 6. Similar custom of other northern nations. 7-11. Probable origin of dower in England. 12, 13. Provision for dower in the charter of Henry I. 14, 15. In Magna Carta of King John. 16. In the first charter of Henry III. 17, 18. In the second charter of Henry III. 19. Additional privileges secured to the widow by these charters. 21, 22. Extent to which the wife might be endowed. 23. Power of the husband over his wife's contingent dower. 24. Effect of assignment of dower ad ostium ecclesiæ. 1-22 |