chapter a widow after the death of her husband incontinent and without any  difficulty shall have her marriage and her inheritance and shall give nothing  for her dower her marriage or her inheritance which her husband or she hold  the day of the death of her husband and she shall tarry in the chief house of  her husband by forty day after the death of her husband within which day her  dower shall be assign her if it be not assign her before or that the house be  a castle and if she depart from the castle then a competent house shall be  forthwith provide for her in the which she may honest dwell until her dower be  to her assign as aforesaid and she shall have in the mean time her reasonable  estovers of the common and for her dower shall be assign unto her the three  part of all the land of her husband which be his during coverture except she  be endow of less at the church door no widow shall be distrain to marry  herself nevertheless she shall find surety that she shall not marry without  our licence and assent if she hold of they nor without the assent of the lord  if she hold of another it appear by Bracton of ancient time that a woman be  heir without a master disposition assent heir to have to wed non to be able  nec now too in vita he that goes before de jure without assent domini  capital crime  quoth si formerly to make heir to send away without  object of hope to retake nisi solum per agreeableness today yet other penalty  to run into as sacrificial wine to dedicate hoc therefore ne to drive together  dominus homage hegoat de of to head enemy  well de elsewhere minim fit also it  appear by the same author quoth si mulier dowry to have pro will to sew some  to veil oneself praeter assent warranti Himself de dote formerly ex tali cause  dowry to send away nunc yet non to send away item come semel legitime  Part. and P. a. to be postea an unmarried woman iterum non to watch sub  custodian a master although to hold assent the dawn to seek again to wed see c  and herewith agree Glanville who write before this statute hereby you may see  what have be use of ancient time in these case but at this day widow be  present after the decease of their husband without any difficulty to have  their marriage that be to marry where they will without any licence or assent  of their lord and their inheritance without any thing to be give to they but  in this branch the king be not include as hereafter in the end of this chapter  shall appear and she shall tarry in the chief house of her husband by forty  day after the death of her husband and this be call her quarantine and if the  widow be withhold from her quarantine she shall have her Writ de quarentena  to have to the sheriff which recite this statute be in nature of a Commission  to he quoth peremptory or urgent call in person thou birth prediction hearing  ind he account the same b c an unmarried woman full celer  the whole of the laws ind fieri to make juxta tenore papyrus  prediction ne  pro diminution the whole of the laws complaint and our to come up  to do a second time by force of which Writ the sheriff may make process  against the defendant retournable within two or three day c and may and ought  if no just cause may be show against it speedy to put her in possession and  the reason why such speed be make be for that her quarantine be but for forty  day a widow c shall tarry c therefore if she marry within the forty day she  lose her quarantine for then her widowhood be pass and she have provide for  her self and the quarantine be appropriate to her widow estate within which  day her dower shall be assign her here it appear how speedy dower ought to be  assign to the end the widow may not be without livelihood after the death of  her husband the day wherein the husband die shall be account the first day so  as she shall have but thirty nine after or that the house be a castle this be  intend of a castle that be warlike and maintain for the necessary defence of  the realm and not for a castle in name maintain for habitation of the owner  but hereof see more in the first part of the institute sect de temple  kernelatis Kernellare or cernellare by some be derive from the French word  kerner or cerner to fortify environ or enclose round about and by other from  karnean or carnean a battlement of a wall or from karnele or carnele embattle  or have imbattlements and the truth be it bear all these signification in the  law of England and the use of it in castle and fort be to defend himself by  the high place and to offend the assailant at the low briton word be si Le  chief mees foit chief deal county you deal barony you castle c so as it appear  by he that she be not to have her quarantine of that which be caput comitatus  seu baron and with he agree Fleta but Bracton only speak de Castro the ancient  law of England have great regard of honour and order then a competent house  shall be forthwith provide for her in the which she may honest dwell but this  must be of a house whereof she be dowable for she must have her quarantine of  that whereof she may be endow and she shall have in the mean time her  reasonable estovers of the common Britton say and eux eient of issue deal  intier de less earth lour covenable sustenance c Fleta say Ubi to come upon ei  relative honest de heir common while the pure milk of reason do to be ei  appointed so as estoverium here be take for sustenance there be a opinion in  our book that the widow can kill any of the ox of the husband while she remain  in the house but the register say quoth interim to have rationabilia estoveria  de good the same of marriage which seem to be a exposition of this branch in  the statute entitle de catallis felon it be say come ibidem capacity in person  justice our men  to be intimacy de felon tunc resid catallorum ultra  estoverium suum secundum royal power experience we to stay behind where  estovetium signify sustenance or aliment or nourishment this word estoverium  come of the French verb estover id be to feed to sustain or nourish and this  agree with the say old book and in this sense it be take in the statute of  gloc trover estovers in vivre vesture that be thing that concern the  nourishment or maintenance of man in victim clothing wherein be contain meat  drink garment and habitation nourishment appellation go for sale victus  clothing lodging when estovers be restrain to wood it signify housebote  hedgebote and ploughbote and for her dower shall be assign unto her the three  part of all the land of her husband c see for this in the first part of the  institute sect no widow shall be distrain to marry herself c this be to be  understand of widow tenant in dower of land hold of the king by knight service  in chief and thereupon she be call the king widow and if the king widow marry  without licence she shall pay a fine of the valve of her dower by one year and  the reason of this law be yield wherefore they shall not marry without the  king licence ne fort of the head enemy  domini king of marriage and old reader  have yield this reason lest they shall marry unto stranger and so the treasure  of the realm may be carry out and other say that the reason be for that upon  the assignment of her dower she be swear in the chancery and el ne marier sans  licence pur Ceo S Elizabeth fait encont son serement el ferra fine other say  that it be a contempt to marry without the king licence and against this  statute and therefore for this contempt she shall make a fine if the king  tenant in capite die seize his heir female of full age if she marry without  the king licence she shall pay no fine for she be no widow and the word be  no one an unmarried woman to draw asunder c if the queen be the widow of a  king be endow and marry without the king licence because she be endow of the  seison of the king himself she be out of this statute but at the parliament  hold in year  h it be enact by the king the lord temporal and the Commons that  no man shall contract with or marry himself to any queen of England without  the special licence or assent of the king on pain to lose all his good and  land to which Act the bishop and other lord spiritual give their consent as  far forth as the same swerve not from the law of God andof the church and so  as the same import no deadly sin if she hold of another this be to be  understand where such a licence of marriage in case of a common person be due  by custom prescription or special tenure the word be si de elsewhere to hold  and this exposition be approve by constant and continual use and experience et  good interpreter law custom chapter we or our bailiff shall not seize any land  or rend for any debt as long as the present good and chattel of the debtor do  suffice to pay the debt and the debtor himself be ready to satisfy therefore  neither shall the pledge of the debtor be distrain as long as the principal  debtor be sufficient for the payment of the debt and if the principal debtor  fail in payment of the debt have nothing wherewith to pay or will not pay  where he be able the pledge shall answer for the debt and if they will they  shall have the land and rend of the debtor until they be satisfy of that which  they before pay for he except that the debtor can show himself to be acquit  against the say surety we these word be speak in the politic capacity do  extend to the successor for in judgement of law the king in his politic  capacity die not or our bailiff in this place the sheriff and his under  bailiffs be intend and mean and to this day the sheriff use this in his return  infra bailiff of me for infra county  c shall not seize any land or rend for  any debt as long as the present good and chattel of the debtor do suffice to  pay the debt by order of the commonlaw the king for his debt have execution of  the body land and good of the debtor this be a act of grace and restrain the  power that the king before have rend for the several kind of rend see the  first part of the institute light lib cap whereunto you may add  To give back  assisus or  To give back assisae vulgar rend of assize be the certain rend of  the freeholder and ancient copyholder because they be assised and certain and  do distinguish the same from  To give back mobiles farm rend for life year or  at will which be variable and incertain  To give back white white rend blanch  farm or rend vulgar and common call quitrents they be call white rend because  they be pay in silver to distinguish they from work day rend cummin rend corn  c and again these be call  To give back nigr black mail that be black rend to  distinguish they from white rend see rot clause Henry m king  to go away man  de Andevor maner de m f a c reddendo per annum and scaccar king lxxx livre  blanc de ancient of Firmum  To give back resolution be rend issue out of the  manor c to other lord c feefarma see farm for this kind of rend vide infra  gloc cap after the statute of Henry cap be make for levy of the king debt the  usual process to the sheriff at this day be quoth carefully per sacrament  estimable of man de bailiff tua c to seek after who of what kind soever good  catalla pron. interrog. price idem debtor to have in dictam bailiff thy et she  all capias in manus our men  and valentiam debt is owed predict ind fieri  fac'debitum predict c et si fort good catalla predict debtor and loosing  debt is owed predict non to put under tunc non to let go near largely freedom  quin she to advance per sacrament say beforehand advance estimable of man  carefully to seek after quas land who property pron. interrog. yearly payment   valor idem debtor to have seu seisitus to be in dictam bailiff tua c et she  all one in whoever shades of dead  jam to step out to stretch out fac in manus  our men  capias c et capias predict debtor ita quoth habeas corpus predict  debtor and satisfac we de debt is owed predict whereby it appear that if the  good and chattel of the king debtor be sufficient and so can be make to appear  to the sheriff whereupon he may levy the king debt then ought not the sheriff  to extend the land and tenement of the debtor or of his heir or of any  purchaser or terre tenant to conclude this point with the authority of old and  ancient Ockham terrae property debtor king and quascunq manus quocunq  distinction to come post debt is owed king beginning king to hold si non  aliunde to give satisfaction to be able neither shall the pledge of the debtor  as pledge or surety to keep the peace pledge for a fine to the king upon a  contempt c be within this branch but otherwise it be of mainperners and this  appear by Glanville to be the commonlaw before the make of this act and the  author of the mirror say ceux be pledge queux plevisher or choose and corpse  de home car ceux ne be propment pledge mes be main perners pur Ceo queils  supposont plevishables be liver a ceux per bailler corpse pur corpse and if  the principal debtor fail in the payment c or will not pay where he be able  some have think that this branch have take away the next precedent concern  pledge but both do stand well together for reddere  not come to be able must  be understand when the principal be able and yet his ability can be make to  appear be in money treasure or the like or in debt owe to he which he conceal  and will not reddere so as de non that this only is apparent non to step out  by the same route be law and in that case pledge de debt is owed to answer and  yet the former branch concern pledge do stand where the pledge can make it  appear to the sheriff that he may levy the king debt see in the statute of  articuli super papyrus  cap and if they will they shall have the land and rend  of the debtor c a upon these word some have say that the writ de pledge  acquietandis be ground and see no mention be make in this statute of any deed  the pledge shall have that Writ without any deed and if the pledge have any  deed covenant or other assurance for their indemnity then may they take their  remedy at the commonlaw b but it appear by Glanville that this be the  commonlaw for he say to loosen yes eastern quoth to withhold ab Self pledge  to retake ind goblet and first debtor si postea to have unde the dawn  to give satisfaction to be able per principal placitum and set down suitcase  Writ de pledge acquietandis note here be a chapter omit videlicet no one  scutagium well help to put down in royal power our men  nisi p common  concilium royal power our men  which clause be in the charter year  king John  and be omit in the exemplification of this magnacarta by Edward I vide cap  chapter the city of London shall have all the old liberty and custom which it  have be use to have moreover we will and grant that all other city borough  town and the baron of the five port and all other port shall have all their  liberty and free custom d this chapter be excellent interpret by a ancient  author who say in point and demand and Le city de Londres eit to speak ancient  franchise to speak frank custom be interpretable in cest manner and less  citizen eient lour franchise doubt ils font inherit per loyal title de gift  confirmements of royes less queux ilz ne on it forsfeits per nul abusion and  ilz eient lour franchise custom and be sufferable per droit nient repugnant  all lie et Le interpretation and be dit de Londres soit intendu de less cinque  port of autres lieus and this interpretation agree with diverse of our late  book it be a maxim in law that a man can claim any thing by custom or pre  scription against a statute unless the custom or prescription be save by  another statute for example they of London claim by custom to give land  without licence to mortmain because this custom be save and preserve not only  by this chapter of great Charta but by diverse other statute such de the other  see more in particular concern London in the four part of the institute cap of  the court of the city of London chapter no man shall be distrain to do more  service for a knight fee nor any freehold than therefore be due that this be  the ancient law of England appear by Glanville and also that the Writ of ne  injust vex be not ground upon this Act appear also by he for he say et other  quaedam placita just as si quis  to complain see curiae de lord his quoth  custom that is not owed the condition of a slave well plus slavery  to drive out ab eastern how ind to make to withhold and set down the from of  the writ of ne injust vex king n health to hold before flute ne injust vex  well to shake to let pass h de book property his quoth tenet de te in tali  shaggy hair nec ind ab eastern to drive out or to drive out to let pass custom  well the condition of a slave who flute ind to make non debet c and another  ancient author which write of the ancient law long before this statute make  mention of the Writ of ne injust vex hereby it appear how they be deceive that  hold that this Writ be ground upon this Act and how necessary the read of  ancient author be to give the ancient commonlaw his right as hereby it appear  the word of the statute be nullus to draw asunder therefore if the lord  encroach more rend of the same nature by the voluntary payment of the tenant  be shall not avoid this encroachment in a avowry but in a assize cessavit or  ne injust vex the tenant shall avoid the encroachment this rule hold not in  case of a successor or of the issue in tail for they shall avoid it in a  avowry but if the service encroach be of another nature the tenant shall avoid  that season in a avowry for majus slavery imply a great exaction of the same  nature if the encroachment of the same nature be get by cohertion of distress  there the tenant shall avoid that season in a avowry for nullus  to draw asunder and faciendum majus slavery but if a encroachment be make upon  a tenant in tail or tenant for life or any other who can maintain a Writ of ne  injust vex nor a contra form comparison nor other remedy he shall have a  action upon this statute for this statute intend to relieve those which have  no remedy by the commonlaw