CUSTUMAL: CAPITULUM 12

The same delays in defence made in pleas by writ of right may also be applied to writ of right by dower. The tenant may argue that the woman who sues was never married to the deceased; in which case the tenant must present his evidence and the Bishop shall be requested to have enquiry made through the court of Christianity. Alternatively, the tenant may argue that the late husband of the woman suing did not own the property at the time they married, nor later; in which case supporting witnesses must be produced. Or the tenant may defend that dower right was waived by the woman consenting, in the city court, to her husband transferring the tenement to the tenant, his ancestors, or his landlord; in which case he must produce the deed to this effect and a copy must be found enrolled in the city court rolls (according to custom). Widows may not sue for right in tenements where a legitimate deed of transfer can be produced showing they waived dower rights.

[See the similar provision on waiving dower at Ipswich. The court of Christianity had jurisdiction over marriages and testaments.]