4 H. 3, Dower, Fitz. 179. Stamf. Praer. ch. 12
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1623 |
| Date | 01 January 1623 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 3
IN THE EXCHEQUER-CHAMBER
case II. 4 H. 3, Dower, Fitz. 179. Stamf. Prar. ch. 12. An English woman, residing in France at the time of war between the two nations, shall not have her dower in England of her English husband's land until the \ countries are common, that is, until there be peace between them; for she is under the power of the King of France; and if she should have her dower while she resides there, it would tend to weaken the King of England. After peace between them, she shall have her dower. Salus populi suprema lex est. A French woman born who marries an English man shall not have dower, nor the wife of an English ambassador if she be not English, || nor is her issue born there by him inheritable : 'tis otherwise if he have issue born there of an English wife. In the book called Treasure Francois, p. ,'i I ~2, in the title de Droifc de Aubien it appears, that if an English man in France marries an English woman, and has issue born there, this issue is alien : but in our law 'tis otherwise of a I'Yench husband and French wife, their issue born in England is not an alien. If a father, an alien, be made a denizen, and purchase land and die, bis son born in England before the denization shall ** not have this land by discent, although he may purchase lands: For the discenrlible blood begins hy the denization, which blood the son born before it, has not. An alien marries an inheritix in England, and has issue there by her, this issue shall inherit her land, for he claims only as heir to the mother: duplicatus sanguis, i.e. both on the part of the father and of the mother is not necessary, tt An attainted person marries an heiress, and has issue by her, that issue shall inherit, for the marriage was lawful, and he claims only from the mother. The statute 25 E. .'i, ch. 1, de natis ultra mare was made nine years after E. 3 had subdued certain parts of France ; many English then dwelt in those parts, this statute was partly |J temporary, for it required a continuance of the allegiance of the husband and wife ; that the wife went over sea with the consent of her husband ; that the issue should be born during the continuance of their allegiance; which points have relation to the time. And the books of the law which found an opinion upon this statute, mistake the law ; for the being born beyond the sea under the allegiance of another King, Jij or in Scotland...
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