Note 158 — Book VI.
John Beames translation
Dos, dower. “Dos is derived,” says Sir Edward Coke, “ex donatione, et est quasi donarium.” (Co. Litt. 30. b.) Cowell and Spelman, however, both deduce it from the French douaire. (Cowell and Spelman’s Gloss. ad voc.) The real objects of Dower are sustenance for the wife, and nurture and education for the children. (Fleta L. 5. Cap. 23.) The Romans were not in the habit of endowing their wives. When, therefore, Tacitus met with this peculiarity among the Germans, he was struck with it. Dotem non Uxor marito sed uxori maritus affert. (Tacit. de mor. German. 18.) Though Dower was unknown to the Romans, it seems to have been in use amongst the ancient Hebrews, (Gen. 34. 12. Exodus 22. 16. et al.) Nor was it unknown to the Grecians, if we may judge from that part of the Odyssey where Vulcan reclaims the Dower he had given to his frail wife. It seems to have been known to the ancient Gauls, (Cæsar, de bello Gallico L. 6. c. 18.) And to the Cantabri, (Strabo L. 3.) Craig, however, doubts whether there was any such thing as dower amongst the ancient Northern Nations. (Jus Feud. L. 2. Dieg. 14.) The Goths did not allow Dower to exceed a tenth. (Wisegoth. L. 3. t. 1. l. 4.)
The Assises of Jerusalem gave a half, (c. 187.)—the same portion as the Laws of the Ancient Duchy of Burgundy—(Chass. consuet. ducat. Burg. rub. 4. s. 6. col. 580.) The Saxons (LL. tit. 8.) præter dotem quam in nuptiis adepta est, allowed the half of what the Husband and Wife subsequently acquired. A Law of Edmund gave the half. (LL. Edm.) The Longobardi allowed Dower to extend to the fourth part. (L. 2. tit. 4.) The English, the Scotch, and the Normans, following in this respect the Sicilians and Neapolitans, have allowed Dower to extend to a third. (Vide LL. Hen. 1. 70. Ed. Wilkins.—Le Grand Custum. de Norm. c. 102.—the Regiam Majm. L. 2. c. 16.)