than the third part of all the aforesaid lands and tenements, then cause the surplus,1  that which exceeds the value of that third part,2 to be assigned to the aforesaid C.,  saving to the said A. the chief messuage of that manor. And if, according to a reasonable  extent, there is less there than the aforesaid third part, then cause the same A.  to have what she lacks elsewhere and in a suitable place from the inheritance of the  same C. But if there is neither more nor less, let her hold herself content with the  aforesaid manor with the appurtenances. Witness etc.3
That a fine made in the king's court does not bar recovery of a specified dower.
 The question may be put, among others, whether a fine made in the king's court  bars recovery of a specified dower, as where a husband, or another, aliens a woman's  specified dower in some way and a fine and chirograph are made in the court of the  lord king. In truth it does not, as is proved [in the roll] of Trinity term in the third  year of king Henry in the county of Buckingham, [the case] of Alice the wife of  Simon de Sentenham.4 Let the heir, if his father5 encumbered the dower, deliver it  if he can and give escambium to the value to the feoffee holding by fine, and let the  woman hold that land during her lifetime; after her death let it revert to the feoffee,  not to the heir, to whom only the escambium [will revert].6
Exceptions against a woman claiming dower.
 When the tenant, a stranger or the heir himself, is in possession, and does not wish  to vouch a warrantor against the woman claiming dower, he may except against  her in many ways: peremptorily, why she ought not to have dower at all, or dilatorily,  why the action and the exaction of dower ought to be delayed for a time.  The woman shows in her intentio and in the evidence on which it is founded by what  right the action of dower belongs to her. It is put thus: Such a woman N. Thus we  must first see that there is no error in the name, as above,7 [in the given name],  because for the surname it is enough to say such a one who was the wife of such a  one etc. With respect to the word was, it may be excepted that she was and is  the wife of such a one, and that she cannot claim dower because her husband is  still alive;8 if that cannot be denied, her action falls, for a constitution of dower and  a gift propter nuptias is confirmed by the death of the husband.9 But there is civil  death and natural death. If she says that he is civilly dead because he has entered a  religious order, the answer may be made that the husband may return to the world,10  because he has only assumed the probationer's habit. But if it is alleged on the part  of the woman that the husband has taken the habit of