DOW 
defendant do not appear, nor cad an cfToin, a grand cape 
lies to feize the lands, &c. By flat. 31 Eliz. c. 3. every 
fummons on the land is to be made fourteen days before 
the return of the writ, and proclamation made at the 
church door on a Sunday, or elfe no grand cape to be 
awarded, blit an alias and pluries fmnmons till proclama¬ 
tion. But on the return of thewritof fummons, the at¬ 
torney for the tenant or defendant may enter with the 
filazer that the tenant appears, and prays view, &c. 
Then a writ of view goes out, whereby the (lieriff is to 
fliew the tenant the land in quedion ; upon the return 
of which writ of view, the tenant’s attorney takes a de¬ 
claration, and puts in a plea ; the mod general one is, 
ne unquesjeizie, See. viz. that the hufband was never fei- 
fed of any eftate whereof the wife can be endowed ; and 
when ilfue is joined, trial proceeds, as in other adlions : 
upon trial, the jury are to give damages for the mefne 
profits from the death cf the hufband (if he die. feifed), 
for which, execution fliall be made out ; and then a writ 
to the fheriff gives poffefiion of a third part of the lands. 
The fheriff may give poffefiion or fieifin to the woman by 
a clod, or by'grafs growing on the land, or by any bead 
being thereon. 40 Edw. 3. Filz. Dower 4S. 
A widow may recover her dower with a cejfat executio, 
in cafe there be any thing objedled, precedent to the title 
of dower, till that is determined. 1 Salk. 291. Judg¬ 
ment in dower is to recover a third part of lands and te¬ 
nements by metes and bounds. A wife may have her 
writ of dower againd an heir, an alienee, a dilfeifor, &c. 
or againd any one that has power to afTign dower ; if. the 
lord enters on the land for an efeheat, die may bring it 
againd him, but to the king die mud fue by petition. Co. 
Litt. 59. This writ was brought againd eight perfons, 
feotfees of the hufband after marriage ; two confeffed the 
action, and the other fix pleaded to iffue ; here the de¬ 
mandant had judgment to recover the third part of two 
parts of the land, in eight parts to be divided ; and 
after the ilfue being found for the demandant againd the 
other fix, die recovered againd them the third part of 
the fix parts of the fame land as her dower. Dyer 1S7. 
As to damages in dower, they are given by the dat. 
of Merton, c. 1 ; but that datute extends only to the 
poifelfory action of dower unde nihil habeat, and not to 
the writ of right of dower, becaufe they are intended to 
be given for the detention of the poffefiion ; and on writs 
of right, where the right itfelf is quedionable, no da¬ 
mages are given, becaufe no wrong done till the right be 
determined ; alio that datute extends only to lands, 
whereof the hufband died feifed ; and therefore judg¬ 
ment for the damages was reverfed, becaufe the jury did 
not find that the hufband died feifed; forotherwife fiiediall 
have no damages; as if the hufband aliens and takes 
back an edate tor life, the wife (hall recover dower, but 
no damages ; becaufe this dying feifed was only of an 
edate of freehold ; but if he makes a leafe for years only, 
sendering rent, fhe fhall recover a third part of the re- 
verfion, with a third part of the rent and damages, be- 
ca\ife there he died feifed as the datute fpeaks. Co. Litt. 
32. Yelv. si2. 
Damages are given in dower from the death of the 
hufband and to the return of the writ of enquiry, though 
the writ of feifin iffued a year before, but was not exe¬ 
cuted. Hardw. 19. Where there are two joint-tenants in 
dower, and one dies after judgment for damages, and 
his heir and the other joint-tenant bring error, the value 
from the time of the judgment to the affirmance cannot 
be recovered againd the furviving plaintiff in error only. 
2 Stra. 271. On a writ of dower, damages cannot be 
awarded by 16 Car. II. without fpeeding a writ of en¬ 
quiry. Hardw. 51. 
DOW'ERED, adj. Portioned; fupplied with a portion: 
Will you with thofe infirmities die owes, 
Unfriended, new adapted to our hate, 
Dower'd with our curfe, and dranger’d with our oath. 
Take her, or leave her ? Shakefpcare. 
D O W 43 
DOW'ERLESS, adj. Wanting a fortune; unportioned: 
Thy dow'rlejs daughter, king, thrown to’my chance, 
Is queen of us, of ours, and our fair France. Shakejpeare. 
DOWL, f. A downy particle of a feather.—As dimi- 
nifii one dowl that’s in my plume. Shakejpeare. 
DOW'LAS ,J. A coarfe kind of linen.— Dowlas, filthy 
dowlas-, I have given them away to bakers wives, and 
they have made boulters of them. Shakefpearc. 
DOWLATABAD', a province of Hindoodan, other- 
wife called Amednagur, or the land of prefperity, with 
a city of the fame name. 
DOWLATABAD, a town and fortrefs of Hindoodan, 
which gives name to the above confiderable province in 
the Deccan. It is the fame city as the ancient Togara. 
The fortrefs is fituated on a deep rock, not to be afeended 
by a horfe or camel ; the town is at the foot of the rock, 
and once very flouridiing, but has been ruined by wars : 
nine miles north-wed of Aurangabad, and ninety-two 
fouth of Burhampour. 
DOWN, f. \_duun, Dan.] Soft feathers.'—A tender 
weakly conditution is .very much owing to the ufe of 
down- beds. Locke. 
Virtue is the roughed way ; 
But proves at night a bed of down. Wotton. 
Any thing that foothes or mollifies: 
Thou bofom foftnefs ! dozen of all my cares ! 
I could recline my thoughts upon this bread 
To a forgetfulnefs of all my griefs, 
And yet be happy. Southern. 
Soft wool, or tender hair: 
On thy chin the fpringing beard began 
To fpread a doubtful down, and promife man. Prior. 
The foft fibres of plants which wing the feeds.—Any 
light thing that moveth, when we find no wind, dieweth 
a wind at hand ; as when feathers, or down of thiftles, fly 
to and fro in the air. Bacon. 
I.ike fcattered down, by howling Eurus blown 
By rapid wlfirlwinds from his manfion thrown. Sandys. 
DOWN, /. [bun, Sax. dune, Erfe, a hill.] A large 
open plain ; properly a flat on the top of an hill.—Hills 
afford plealant profpedls; as they mud needs acknow¬ 
ledge who have been on thz downs of Suffex. Ray. 
How Will-a-wifp mifleads night-faring clowns 
O’er hills, and (inking bogs, and pathlefs downs. Gay. 
DOWN, prep, [abuna, Sax.] Along a defeent; from 
a higher place to a lower.—Let go thy hold when a great 
wheel runs down hill, led it break thy neck with following 
it. Shakejpeare. —A man falling down a precipice, though 
in motion, is not at liberty, becaufe he cannot dop that 
motion if he would. Locke. —Towards the mouth of a 
river.—Mahomet put his chief fubdance into certain 
boats, to be conveyed down the river, as purpoling to fly. 
Knolles. 
DOWN, adv. Not up. On the ground ; from the height 
at which any thing was to a lower fituation : 
Down finks the giant with a thund’ring found, 
His pond’rous limbs opprefs the trembling ground. Dryd. 
Tending towards the ground. From former to latter 
times : as, this has been the practice down from the con- 
qued. Out of fight; below the horizon : 
How goes the night > 
—The moon is down ; I have not heard the clock, 
And die goes dozen at twelve. Shakejpeare. 
To a total fubjedtion: ufed of men and things.—What 
remains of the fubjedt, after the decodtion, is continued 
to be boiled down, with the addition of frelfi water, to a 
fapid Jat. Arbuthnot.—lnto difgrace ; into declining repu¬ 
tation.—There is not a more melancholy objedf in the 
learned world, than a man who had written himfelf down. 
AddJon,-—l Anfwering to up.] Here and there.—Let them 
wander 
